Terms of Use

Welcome to the website for the Screaming O. Momentum Management LLC doing business as The Screaming O (“we”, “our” or “us”) operates the website at the domain name thescreamingo.com (the “Website”) and all other domain names that forward to this site. Through the Website, we offer information about our products and offer you the ability to purchase our products over the internet (collectively, the “Services”). The Services and the Website are hosted in the United States.

This Terms of Use Agreement (“Agreement”) includes our policy for acceptable use of the Services and governs your rights, obligations and restrictions regarding your use of the Services and the Website. You are only authorized to use the Services and/or Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. By using the Services and/or Website, you agree to be bound by this Agreement.

Because your privacy is important to us, this Agreement also incorporates, by this reference, our Privacy Policy www.thescreamingo.com/privacywhich explains how we collect and use your content and information. Please read the Privacy Policy.

Additionally, in order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions and such additional terms are hereby incorporated into this Agreement by this reference.

We may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You will be deemed to have agreed to any such modifications by your further use of the Website or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please leave the Website and discontinue use of the Services immediately.

 

I. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION

In order to access some features of the Website or to use certain of the Services, you may be required to register an account to make use of the Services (an “Account”). When creating or updating an Account, you are required to provide us with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with our Privacy Policy at www.thescreamingo.com/privacy.

You may never use another’s Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.

You are responsible for (i) keeping confidential any password that you created to use any aspect of the Website requiring registration and (ii) restricting access to your computer. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any of your Account.

Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party content providers, merchants, advertisers, sponsors, service providers and licensors (collectively, “Screaming O Providers”) due to such unauthorized use.

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to all or any part of the Website or Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.

We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

II. ORDERS & PRICING

Your order will be charged in U.S. dollars. When you provide credit card information to us, you represent that you are the authorized user of the credit card. Once your order has been placed, you will receive a confirmation email that we have received the details of your order. Please note that this is not a confirmation that your order has been accepted by us. We reserve the right not to accept your order for payment, shipping restrictions or stock reasons. If your order is not cancelled and once your order has been accepted, you will then receive a confirmation of the dispatch of your goods.

Your credit or debit card will be charged at the point of dispatch and not before. In the event your order is cancelled, we will attempt to notify you using the e-mail address you have given us with the order. In such event, your transaction with us will be cancelled and you will not be charged. If your payment method has already been charged for an order that is later canceled, we will issue you a refund.

Any promotion code issued to you cannot be transferred onto a new order and we do not offer cash or store credit alternative.

All orders and pre-orders are subject to availability. Invalid order information will result in delays processing your order. Products are for you own personal use and not for resale.

 

III. SHIPPING

To ensure the secure delivery of your order, we do not ship orders to post office boxes. We will ship the products you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service and delivery dates and times are not guaranteed. During busy times, such as holiday periods, and periods of inclement weather, there can be additional processing and shipping delays. If there is a problem with a delivery, including, but not limited to, damage, loss or late delivery, you agree to hold shipping service liable. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud.

 

IV. RETURNS & WARRANTY POLICY

We are confident that you will love your new Screaming O® products and we stand behind every model that we make. However, in the event of a return or exchange we have set the following policy:

1. All items to be returned must first be pre-approved. Please contact customer service at +1 310 446 1632.

2. As instructed by customer service, all items to be returned must include their original packaging, paperwork, manuals, accessories and a copy of the receipt. Also include your name, address, phone number and reason for return. Incomplete returns may result in the package being returned to you. Items being returned should be sent with either a track-able shipping method or one that provides confirmation of delivery.

3. Conditions: Due to the nature of our products, and to ensure the health and safety of our customers and staff, we cannot accept returns or exchanges on any item designed to come in contact with the genitals or bodily fluids (saliva, semen, urine, blood, etc.). Once these types of items leave our warehouse they are considered used and unsellable. Returns or exchanges of these types of items will only be accepted in the case of a damaged or defective product. Please be sure to inspect your items upon receipt.

 

V. AGE OF USERS

We do not intend the Website to be used by minors under the age of 18 and specifically prohibit the use of the Website by persons under the age of 18. By using the Website or ordering any products, you represent that you are 18 years of age or older.

 

VI. NON-COMMERCIAL USE

The Website is for your personal use only and may not be used in connection with any commercial endeavors, including reselling of products, except those that are specifically endorsed or approved by us. Any use of the Website or Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website, is prohibited.

 

VII. ELECTRONIC COMMUNICATIONS

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

 

VIII. LINKS

The Website may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.

We reserve the right to disable links from or to third party sites.

 

IX. CONTENT

A. Proprietary Rights

All materials contained on the Website, including all aspects of the Services and the graphics, photographs, product designs, text and look and feel of the sites, and all trademarks (including SCREAMING O® and its logo), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Screaming O, our subsidiaries or affiliated companies, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Website, in whole or in part.

B. Errors, Inaccuracies, and Omissions

We have endeavored to be as accurate as possible in describing and displaying the colors and other features of our products made available for purchase through the Website; however, there is no warranty or guarantee that the colors, product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. We are not liable for any information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

C. Modifications

You agree that we may modify or delete any information on the Website at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any Service, content, feature or product offered through the Website.

D. Submissions

We are pleased to hear from users and welcome your comments regarding our products and services. However, our longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, product designs, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when products developed by Screaming O employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, product designs, plans, or other materials for our business. In the event you send us the foregoing in violation of this provision, you hereby transfer and assign to us all rights in and to such submissions for use worldwide in perpetuity with no compensation to you.

 

X. NOTICE OF INFRINGEMENT

Without limiting the foregoing, if you believe that any content, including User Submissions, or other materials, posted on the Services constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: mail@thescreamingo.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

XI. DISCLAIMERS AND LIMITATION OF LIABILITY REGARDING USE OF WEBSITE

THE WEBSITE IS PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY SCREAMING O PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE WEBSITE WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF SCREAMING O ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY SCREAMING O PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SCREAMING O’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.

NEITHER WE NOR ANY SCREAMING O PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF WE OR SUCH SCREAMING O PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL SCREAMING O BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID SCREAMING O IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

 

XII. INTERNATIONAL USE

The Website is intended solely for users within the United States of America. Accessing materials on the Website by persons in certain countries other than the U.S. may not be lawful, and we make no representation that materials on the Website are appropriate or available for use in locations outside the United States. If you choose to access the Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable laws.

 

XIII.    APPLICABLE LAW; JURISDICTION

The Website is created and controlled by us in the State of California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any provisions of California law that direct the choice of another state’s laws.

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the Website (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the California Courts and agree not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.

 

XIV.    BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).

 

XV. INDEMNITY

You agree to indemnify and hold us, the Screaming O Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes us to be liable to another.

 

XVI. SEVERABILITY

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

 

XVII. ACKNOWLEDGMENT

This Agreement, including all documents referenced herein, represents the entire understanding between you and us regarding your relationship with us and supersedes any prior statements or representations. When using the Website, YOU AGREE TO BE BOUND BY THIS AGREEMENT. This Agreement is deemed accepted upon any use of the Website or any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

XIII.    MODIFICATION

We reserve the right to make changes to the Website, posted policies and these Terms of Use at any time without notice.

Please contact us at mail@thescreamingo.com with any questions regarding this Agreement.

Reference F004760-1