Terms of Service

Paracosm Entertainment, LLC® d/b/a “Paracosm Entertainment®,” “Paracosm®” and related Affiliates (collectively “Paracosm”) is pleased to provide our website (displayed at https://paracosm.com/wp/ and other urls) (the “Site”) as a service to our customers. Please review the following terms of use which govern your use of the Site (the “Agreement”). As used herein, “You,” and “Your” mean you, our Customer. “We,” “Our” and “Us,” refer collectively to Paracosm.

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

1. Right to Change Site

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature, or product offered through the Site, with or without notice and/or offer opportunities to some or all users of the Site, for any reason. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

2. Site Content

Unless otherwise noted, the Site, and all features and materials on the Site accessible through any url, including all text, images, illustrations, designs, icons, photographs, video clips, product names, and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled or licensed by Us.

The Site and the Content are intended solely for our use. You may not download or copy the Content and other downloadable materials displayed on the Site for your personal use or otherwise. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.

Unless otherwise specified, the Site and the Content are intended to promote our services available in the United States. The Site is controlled and operated by Paracosm.

3. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site 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 any services if any information on the Site is inaccurate at any time without prior notice.

4. User Content/Unsolicited Submissions

If you send creative content, business ideas, data, questions, comments, suggestions or other materials, whether online, by email, by webform, by telephone, by SMS text message, by voicemail or voice message/memo, by postal mail, or otherwise (collectively, “User Content”), you agree that We may, at any time, without restriction, own, edit, alter, copy, publish, distribute, translate, and otherwise use, in any medium, any User Content that you make available to Us for fun and profit. You shall, and hereby do, assign all such User Content to Us, without the need to execute any other document. We take no responsibility and assume no liability for any User Content you submit, provide or otherwise make available to Us. You agree that We are not, and shall not be, under any obligation:

  1. to maintain any User Content in confidence;
  2. to pay compensation for any User Content; or
  3. to respond to any User Content.

You agree and warrant that your User Content will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Us or a third party. You are solely responsible for any User Content you make and its accuracy.

5. Personal Information Submitted Through the Site

Your submission of personal information through the Site is governed by our Privacy Policy which contains important disclosures and disclaimers that you should read carefully. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

6. Notice

We may deliver notice to you by means of e-mail, a general notice on the site, or by other means. In addition, if you provide your residential or cellular telephone number to Us, then, in that event, you agree, acknowledge and consent, without any limitation, that We and our vendors may contact you regarding services by automated means.

8. Online Conduct

The Site is intended to be used only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, indecent, scandalous, profane, bigoted or hateful, libelous, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of “hacking,” “cracking,” “spoofing,” or disabling or defacing any portion of the Site.

If We are notified of allegedly defamatory, damaging, illegal, or offensive content provided by a user, We may investigate the allegation and determine, at our sole discretion, the appropriate course of action. We may disclose any content or electronic communication of any kind for any reason as we deem fit in our sole discretion. We typically do so: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; and (iii) to protect Our rights or property, or that of Our users or third-party service providers.

We reserve the right to prohibit conduct, communication, or content that We deem, in our sole discretion, to be harmful or to violate any applicable law. We may terminate your access, or suspend your access to all or part of the Site, without notice. Notwithstanding the foregoing, We do not assume liability for any action or inaction with respect to conduct, communication, or content on the Site.

9. Prohibited Material

You may not post or transmit through the Site: advertising or commercial solicitations; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings; spam mail; unauthorized uses of material subject to copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Content; or posts that express or imply that any statements you make are endorsed by Us. Additionally, you may not harvest or collect information about Site visitors without their express consent.

10. Monitoring

We or our representatives have the right, but not the obligation, to monitor the Content of the Site to determine compliance with this Agreement.

11. Consent to Electronic Communications and Opting Out

You consent to the receipt of electronic mail from Us. You may opt out of future emails about products or services by following instructions contained in an email that you receive from us. Even if you unsubscribe, We reserve the right, however, to email you important information relating to your account or orders.

12. Copyright Complaints

We take this matter seriously. It is Our policy, in appropriate circumstances, to terminate the accounts of customers who we discover are repeat infringers or are repeatedly alleged to have engaged in copyright infringement. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide Our copyright agent the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent (Reg. No.: DMCA-1035454) for notice of claims of copyright infringement on the Site can be reached through our Contact Form. Do not make false claims. Misuse of this process may result in legal consequences.

13. Third Party Sites

The Site may contain links to other websites. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

14. Indemnification

You agree to defend, indemnify, and hold Us harmless, including our affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of this Agreement, or any warranty made by you in connection with the Site. We may control the defense of any claim. You shall not settle any claim that affects Us without our prior written approval, which may be withheld at our sole discretion. We may settle such any claims, binding you to any such settlement terms as we see fit, without your consent.

15. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, AND OUR AFFILIATES AND AGENTS, ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT, INFORMATION OR OTHER MATERIALS LOCATED ON THE SITE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF SERVICES OR PRODUCTS ADVERTISED ON OR THROUGH THE SITE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM US SHALL CREATE OR CONSTITUTE A WARRANTY BY OR ON BEHALF OF US. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO AND WITHOUT WAIVING THE FOREGOING, YOU AGREE THAT NO EVENT WILL YOU SEEK OR WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU TO US DIRECTLY IN CONNECTION WITH YOUR USE OF THE SITE DURING THE ONE MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

17. 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.

18. Applicable Law/Bench Trail

This Agreement is governed by and shall be construed in accordance with the laws of the State of Mississippi, Our principal place of business, without giving effect to any principles of conflicts of law. You agree to bring any claims against Us exclusively in the courts of Rankin County in the State of Mississippi. You agree that by using Our Site, you hereby waive your right to a jury trial and that any dispute shall be resolved by bench trial with the judge acting as the trier of fact.

19. Class Action Waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and We agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

20. Contact Us

If you have any questions concerning the Site or this Agreement, please contact us using our Contact Form.