Witchcraft Branding claims no credit for any images used in this Website unless otherwise noted. Images in this Website are copyright to its respectful owners. If there is an image in this Website that belongs to you and you do not wish for it appear in this Website, please contact Witchcraft Branding with a description to said image and the page it is on and it will be promptly removed. Whatever the problem is, we can work through it!
Terms and Conditions.
Witchcraft Branding ("we", "us", "our", "I", "Witchcraft") present the following terms and conditions, which govern your use of the Witchcraft site (Website), and all content, services and products available at or through the Website, including but not limited to http://www.witchcraftbranding.com.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree that you are bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Witchcraft Branding, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
If you operate an account, comment on an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, also known as "Content"), you are entirely responsible for that Content and any harm that may result from it. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software.
You agree to indemnify and hold harmless Witchcraft Branding, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
2. License to Reproduce Content.
By submitting Content to us for inclusion on the Website, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content, solely for the purpose of displaying, distributing and promoting the contents of your account, including through downloadable clients and external feeds.
If you delete Content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
3. Account Content.
You agree to the following provisions for posting Content to the Website:
1. We claim no ownership or control over any Content that you post to the Website. You retain any intellectual property rights to the Content you post, in accordance with applicable law. By posting Content, you represent that you have the rights to reproduce that Content (and the right to allow us to serve such Content) without violation of the rights of any third party. You agree that you will bear any liability resulting from the posting of any Content that you do not have the rights to post.
2. All Content posted to the Website in any way is the responsibility of the owner. Within the confines of international and local law, we will generally not place a restriction on the type or appropriateness of any Content. If Content is deemed illegal by any law having jurisdiction over you, you agree that we may submit any necessary information to the proper authorities.
3. We do not pre-screen Content. However, you acknowledge that we have the right (but not the obligation), in our sole discretion, to remove or refuse to remove any Content from the service. You also agree that we may, without limitation, take any steps necessary to remove Content from the site search engine or member directory, at our sole discretion.
4. If any Content you have submitted is reported to us as violating this Agreement, you agree that we may call upon you to change, modify, or remove that Content, within a reasonable amount of time, as defined by us. If you do not follow this directive, we may terminate your account.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we, any user, or any provider of Content links, or that link to us. We do not have any control over those websites and webpages, and are not responsible for their contents or their use. By linking to an external website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of external websites and webpages, whether that link is provided by us or by any provider of Content on the Website.
5. No Resale of Services.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website.
6. Exposure to Content.
You agree that by using the service, you may be exposed to Content you find offensive or objectionable. If such Content is reported to us, it will be our sole discretion as to what action, if any, should be taken.
7. Member Conduct.
You agree that you will not use the Website to:
1. Upload, post, or otherwise transmit any Content that is harmful, threatening, abusive, hateful, invasive to the privacy and publicity rights of any person, or that violates any applicable local, state, national, or international law, including any regulation having the force of law;
2. Upload, post, or otherwise transmit any Content that is spam, or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
3. Maliciously impersonate any real person or entity, including but not limited to a Witchcraft Branding staff member or volunteer, or to otherwise misrepresent your affiliation with any person or entity;
4. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
6. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
7. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
8. Provide any material that is illegal under United States law;
9. Upload, post or otherwise transmit any Content that contains viruses, worms, malware, Trojan horses or other harmful or destructive content;
10. Allow usage by others in such a way as to violate this Agreement;
11. Make excessive or otherwise harmful automated use of the Website;
12. Access any other person's account, or exceed the scope of the Website that you have signed up for; for example, accessing and using features you don't have a right to use.
8. Copyright Infringement.
If you believe that material located on the Website violates your copyright, you may notify us at sayhi(at)witchcraftbranding.com. We will respond to all such notices as required by law, including by removing the infringing material or disabling access to the infringing material. As set forth by law, we will, in our sole discretion, terminate or deny access to the Website to users of the site who have repeatedly infringed upon the copyrights or intellectual property rights of others.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. We will take reasonable steps to notify you of any substantial changes to this Agreement; however, it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Disclaimer of Warranties.
This Website is provided "as is". Witchcraft Branding and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Witchcraft Branding, nor its suppliers and licensors, makes any warranty that the Website will be error free or that access to the Website will be continuous or uninterrupted. You agree that any interruptions to the service will not qualify for reimbursement or compensation. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
No advice or information, whether oral or written, obtained by you in any fashion shall create any warranty not expressly stated in this Agreement.
11. Limitation of Liability.
You expressly understand and agree that in no event will Witchcraft Branding, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
12. General Information.
This Agreement constitutes the entire agreement between us and you concerning your use of the Website. This Agreement may only be modified by a written amendment signed by an authorized representative of Witchcraft Branding, or by the posting of a revised version to this location. Except to the extent that applicable law (if any) provides otherwise, any dispute arising between you and Witchcraft Branding regarding these Terms of Service and/or your use or access of the Website will be governed by the laws of the state of Florida and the federal laws of the United States of America, excluding any conflict of law provisions. You agree to submit to the jurisdiction of the state and federal courts located in Broward County, Florida for any disputes arising out of or relating to your use of the Website or your acceptance of this Agreement.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
We use information you share with us for our internal business purposes. We do not sell your information. This notice tells you what information we collect, how we use it, and steps we take to protect and secure it.
1. Information we automatically collect.
Like most website operators, we collect non-personally-identifying information such as browser type, language preference, referring site, and the date and time of each visitor request. We collect this to understand how our visitors use our service, and use it to make decisions about how to change and adapt the service. From time to time, we may release non-personally-identifying information in aggregate form (for instance, by publishing trends in site usage) to explain our reasoning in making decisions. We will not release individual information, only aggregate information.
We automatically collect personally-identifying information, such as IP address, provided by your browser and your computer. We collect this information for several purposes:
- To diagnose and repair network issues with your use of the site;
- To estimate the number of users accessing the service from specific geographic regions;
- To help prevent fraud and abuse.
An individual journal owner may enable IP address logging for comments made to their journal or community. If this option is enabled, we will disclose your IP address to the owner of that journal or community if you make a comment to that journal. We will tell you at the time of commenting if this option is enabled.
2. Information you are required to provide to us on registration.
In order to register for the service, you must give us your email address. We will use your email address to send the Witchcraft Branding email newsletter and related notifications via email. You will be able to change your mind and opt out of receiving notifications via email at any time.
We will never sell or provide your email address or your date of birth to any third party, with exceptions as set forth below.
3. Optional information you provide to us.
As you use the service, you have the option to provide more personal information, through your profile, your entries, or comments you make. Providing this information is strictly optional.
We will show this information to others viewing the site, in accordance with the privacy options you've selected for the information. We may also use this information, in aggregate, to make decisions about how to change and adapt the service.
From time to time, we may release information in aggregate form (for instance, by publishing trends in site usage) to explain our reasoning in making decisions. We will not release individual information, only aggregate information.
We will not sell or provide this information to any third party, with exceptions as set forth below.
By choosing to make any personally-identifying information public, you recognize and accept that other people, not affiliated with us, may use this data to contact you. We can't be responsible for the use of any information you post publicly.
From time to time, we may allow you to provide us with your login credentials for a site that is not owned and operated by us in order to allow you to integrate data from that external service to your Dreamwidth account. Examples of this include the journal import feature and the entry crosspost feature. Providing us this information is completely optional. Your login credentials are only used for the purposes of these features, and are not used for any other purpose.
4. Disclosure of personally-identifying information.
We disclose personally-identifying information only to those of our employees and contractors who (i) need to know that information in order to operate the service and (ii) have agreed not to disclose it to others. Some of these employees and contractors may be located outside your home country. By using this website, you consent to the transfer of your information to them.
If all of our assets were transferred or acquired, your information would be one of the assets that is transferred or acquired by a third party.
We may disclose potentially personally-identifying and personally-identifying information when that release is required by law or by court order, or when we believe in good faith that disclosure is reasonably necessary to protect the safety or rights of us, third parties, or the public at large.
5. Special rules regarding children.
The Children's Online Privacy Protection Act ('COPPA') requires that we inform parents on how we collect and disclose the personal information of children under the age of 13.
We do not permit children under the age of 13 to use our service. If your child under the age of 13 has mis-represented their age at account creation, please contact us at sayhi(at)witchcraftbranding.com.
6. Confidentiality and security.
No data transmission over the Internet can ever be guaranteed to be 100% secure. You use this service at your own risk. However, we do take steps to ensure security on our systems.
7. Outside Vendors.
1. Site Features
We reserve the right to contract with third-party vendors to provide site features we are unable to provide ourselves. We will only share personal information with third-party vendors to the extent that is necessary for such affiliates to provide these site features. We require our third-party vendors to provide the same level of privacy protection that we do, and they do not have the right to share or use personal information for any purpose other than for an authorized transaction. Some of our third-party vendors may be located outside of your home country. By using this website, you consent to the transfer of such information to them.
We will clearly identify which site features are provided by third-party vendors, and provide you a way to opt out of using those site features.
2. Business Vendors
Our current business vendors are:
- Google Business Services
9. Contacting us.
If you have questions about this policy, you can contact us at sayhi(at)witchcraftbranding.com.