RITUALWAY, INC - Terms & Conditions
Last Updated: March 4, 2024
These Terms and Conditions include an important Arbitration Clause and Class Action Waiver that affect your rights regarding dispute resolution. If you reside in the United States, please read this carefully.
RITUALWAY, INC and its affiliates ("RITUALWAY") own and manage the RITUALWAY brand, among others. These brands may be modified by RITUALWAY without prior notice.
RITUALWAY offers various products and services through: (a) its websites such as www.Ritualway.com and other websites it may acquire or launch in the future; (b) social media accounts like Facebook, Twitter, Instagram, Pinterest, and YouTube; and (c) various communication methods, mobile apps, and services provided by RITUALWAY, all subject to these Terms, the Privacy Policy, and any site-specific policies.
These Terms are effective as of the stated date. RITUALWAY retains the right to modify these Terms at any time without notice. It's recommended to review these Terms periodically as revisions will be posted here.
Please carefully read these Terms.
By using the RITUALWAY Services, you are accepting these Terms and any updates. It's important to check this page regularly for the latest Terms. If you continue to use the RITUALWAY Services after any changes to the Terms, you are agreeing to those changes. If you do not agree to these Terms at any time, please refrain from using the RITUALWAY Services.
You acknowledge that you do not hold any rights in the RITUALWAY Services and that RITUALWAY is not liable to you if the RITUALWAY Services, or any part of them, are discontinued or if your access to them is terminated.
Table of Contents
1. Authorized Users
2. Account and Passwords
3. Procedures for Purchases
a. Delivery policies
b. RITUALWAY Memberships
4. LEGAL notices
5. Sweepstakes and Contests; Social Media Campaigns
6. RITUALWAY Content
7. RITUALWAY Use of User Content
8. Third Party Content
9. No Offensive or Infringing Use
10. DMCA Notice
11. Mobile Capabilities
12. Security
13. Communications
14. Privacy Policy
15. Binding Arbitration / Class Waiver
16. Indemnity
17. Warranty Disclaimer
18. Limitation on Liability
19. Limited Time to Bring Your Claim
20. Trial by Jury
21. Force Majeure
22. Governing Law
23. Miscellaneous
24. Promotions and Discounts
1. Authorized Users
By using the RITUALWAY Services, you confirm that you are at least 13 years old. However, to make purchases through RITUALWAY Services, you must be 18 or older and possess a valid credit card or acceptable electronic payment method. Your use of the RITUALWAY Services is contingent upon your ability to enter into a legally binding agreement with RITUALWAY. You agree to access or use the RITUALWAY Services solely for personal purposes unless you have a separate written agreement with RITUALWAY for business purposes. Resale of any product purchased through RITUALWAY Services, directly or indirectly, is prohibited
2.Accounts and Passwords.
You can create an account to access specific features of the RITUALWAY Services. During registration, you will need to choose a unique password. It's your responsibility to safeguard your password's security and confidentiality and to monitor any activity conducted through your RITUALWAY account. By logging into the RITUALWAY Services, you confirm that: (a) you are the registered customer for these services, and (b) you use them only for authorized purposes. Notify RITUALWAY promptly through Customer Service at customer@ritualway.com of any unauthorized account access or security breaches. Log out of your account after each session. When creating an account, you confirm that: (i) you won't choose or use another person's username to impersonate them, (ii) you won't use a username that belongs to someone else without their permission, and (iii) you won't use a username that RITUALWAY considers offensive, at its discretion.
RITUALWAY reserves the right, at its discretion, to suspend or terminate your account or access to the RITUALWAY Services immediately and without prior notice for any violation of these Terms by you.
3. Procedures for Purchases
By using the RITUALWAY Services, you agree to comply with RITUALWAY's policies and procedures related to purchasing products or services offered through these services, which are part of these Terms. Prices are as listed at the time of purchase (in U.S. dollars) and typically do not include shipping, handling fees, taxes, or duties unless specified otherwise. Pricing is contingent on product or service availability and may be corrected or altered without notice. You are responsible for paying all applicable taxes. Availability of products and services is subject to change. RITUALWAY reserves the right to accept, reject, or cancel orders and correct errors, such as publishing, descriptive, typographical, or similar errors.
You authorize RITUALWAY to manage funds as per your payment instructions. This authorization allows RITUALWAY to (a) charge or credit your accepted payment methods, such as credit cards or debit cards ("Cards"); or (b) initiate recurring charges from your Cards for services requiring automatic billing. When placing an order, you authorize RITUALWAY to process your payment to the relevant RITUALWAY entity. These authorizations remain valid as long as you maintain your RITUALWAY account.
(a) Delivery Policies:
Postcards sent from various countries to the United States or other countries on behalf of others will be subject to the handling and delivery processes of third-party postal administrations and courier companies. While we will make every effort to ensure timely dispatch, we cannot guarantee the performance or reliability of external postal and courier services. Therefore, we are not liable for any discrepancies, delays, loss, or damage that may occur during transportation, handling, or delivery by third-party entities. Customers acknowledge and accept these inherent risks in international postal and courier services and agree to indemnify and hold us harmless from any related claims, liabilities, or damages.
Video or similar recordings related to your requests and prayers will be sent to you as soon as possible within Ritualway's operational schedule after transaction completion and processing. If there is an accidental transmission of a recording not intended for you due to a technical error, you must promptly delete it and inform us at customer@ritualway.com. However, accidental sharing of your recording with a third party does not entitle you to compensation from Ritualway.
(b) RITUALWAY Memberships:
For more details about RITUALWAY Memberships, please visit www.ritualway.com.
4. Legal Notices:
RITUALWAY publishes legal notices on pages within the RITUALWAY Services. These services may contain references to trademarks, copyrighted materials, technologies, products, processes, software, and other proprietary rights of RITUALWAY or other parties. Except as explicitly provided in Section 6 of these Terms, no license or right to use any such trademarks, copyrighted materials, technologies, products, processes, software, or other proprietary rights is granted or transferred to you.
5. Sweepstakes, Contests, and Social Media Campaigns:
RITUALWAY may organize campaigns, contests, and sweepstakes through its various social media channels. As part of these activities, RITUALWAY may request responses and submissions from you using popular social media mechanisms, such as responding on Facebook, Twitter, or Instagram with a #yesRITUALWAY or directing your reply to @Rıtualway.com. When you submit responses and content to RITUALWAY, they are considered User Content (as defined in Section 7). In addition to the other obligations outlined in Section 7 of these Terms, you agree to grant RITUALWAY a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, create derivative works from, publicly display, publicly perform, and otherwise exploit such User Content. This includes exploiting such content over the Internet, broadcast television, radio, or any other media or uses, both current and future, throughout the universe. These rights extend to future technologies yet to be developed to the maximum extent allowed by applicable law.
6. RITUALWAY Content:
The content available on the RITUALWAY Services provided by RITUALWAY, its employees, or licensors, including original artwork, graphics, photographs, images, screenshots, text, music, downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of these materials ("RITUALWAY Content"), is the property of RITUALWAY or its licensors. It is protected under trademark, copyright, and other intellectual property laws in the U.S. and internationally.
You are permitted to access and use the RITUALWAY Services and related RITUALWAY Content under the following conditions: (a) your use of the RITUALWAY Services and RITUALWAY Content is solely for personal, non-commercial purposes; (b) you will not copy, distribute, or transfer any portion of the RITUALWAY Services or RITUALWAY Content to any media without prior written or electronic approval from RITUALWAY; (c) you will not alter, adapt, reverse engineer, or modify any part of the RITUALWAY Services or RITUALWAY Content except as reasonably necessary for its intended use; and (d) you will fully comply with these Terms in all respects. Unauthorized access or attempts to access other areas of any RITUALWAY computer system or information contained therein for purposes other than those intended by RITUALWAY are strictly prohibited.
7. RITUALWAY Use of User Content:
In accordance with our Privacy Policy, RITUALWAY retains the right to display advertisements alongside any content you provide to RITUALWAY ("User Content") and to utilize your User Content for advertising and promotional purposes. You acknowledge and accept that your User Content may appear on RITUALWAY's distribution partners' websites and advertising networks, as well as those of third-party service providers (including their downstream users). RITUALWAY is not obligated to compensate you (monetarily or otherwise) for its current or future use of your User Content. By submitting User Content, you affirm that you hold all rights, titles, and interests to it and that your User Content does not infringe on any intellectual property rights or violate the privacy or publicity rights of any third party.
8. Third-Party Content:
RITUALWAY lacks control over, is not responsible for, and assumes no liability for: (i) any third-party content found within the RITUALWAY Services; or (ii) the actions or content of these third parties.
9. No Offensive or Infringing Use:
RITUALWAY upholds the intellectual property rights of others and expects its users to do the same. RITUALWAY reserves the right, at its discretion and in appropriate circumstances, to disable or terminate users of the RITUALWAY Services who violate or repeatedly violate RITUALWAY's copyrights or other intellectual property rights, or the rights of other owners. When utilizing the RITUALWAY Services, you agree not to employ any feature of the RITUALWAY Services for purposes that are illegal, tortious, obscene, threatening, defamatory, libelous, invasive of privacy, pornographic, racist, abusive, harassing, threatening, offensive, hateful, or otherwise infringe upon the legal rights (such as privacy and publicity rights) of third parties. You also commit to refraining from uploading, posting, emailing, or transmitting any material containing viruses or any other computer code, files, or programs that might disrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
10. DMCA Notice:
If you believe that any User Content or other RITUALWAY Content infringes upon your copyrights and you are a copyright owner or an agent thereof, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to RITUALWAY at info@ritualway.com. Your notice should include:
(a) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered, a representative list of such works;
(b) Identification of the infringing material and information reasonably sufficient to locate it;
(c) Your contact information, such as address, telephone number, and email address;
(d) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
(e) A statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
(f) A physical or electronic signature of the copyright owner or authorized representative.
Failure to substantially comply with these requirements may invalidate your DMCA notice, and RITUALWAY may not be able to remove infringing content as a result. You can also send your notification to RITUALWAY's Legal Department at legal@ritualway.com
Adress: 8 the green suites B, # 8057 Dover County of Kent, zip code 19901, DE, USA
11. Mobile Capabilities:
The RITUALWAY Services offer various services accessible via your mobile phone, such as: (a) uploading content to RITUALWAY websites or applications through your mobile device; (b) receiving and responding to messages, sending content and messages via text messaging or push notifications; and (c) accessing the RITUALWAY Services from your mobile device ("Mobile Services"). Unless stated otherwise, RITUALWAY does not charge for Mobile Services, but your carrier's standard messaging, data, and other rates may still apply. Your carrier might also restrict certain Mobile Services, or they may be incompatible with your mobile device. Contact your carrier to learn about available plans and associated costs. By using Mobile Services, you agree that RITUALWAY may communicate with you about the RITUALWAY Services and its partners through SMS, MMS, text messages, or other electronic means to your mobile device. Some information about your Mobile Services usage will also be shared with RITUALWAY. If you've registered for Mobile Services, you must inform RITUALWAY of any mobile number changes and update your account(s) accordingly.
Moreover, when you opt-in to receive text messages (including SMS and MMS), you agree to receive promotional automated text alerts from RITUALWAY brands. You can reply HELP for assistance or visit www.ritualway.com for help and STOP to discontinue receiving text messages. Messages will be sent periodically, and standard messaging and data rates may apply. Carriers are not responsible for delayed or undelivered messages. You can view RITUALWAY's Privacy Policy at www.ritualway.com/privacy
12. Security:
You must not attempt to breach or violate the security measures of the RITUALWAY Services. Breaches of system or network security may lead to civil or criminal consequences. RITUALWAY reserves the right to investigate any such violations and may cooperate with law enforcement authorities to prosecute users involved in such activities.
13. Communications:
Regarding all communications with RITUALWAY, including feedback, questions, comments, suggestions, and similar content: (a) your communications are not confidential, and RITUALWAY is not obligated to keep them confidential; (b) RITUALWAY has the right to reproduce, use, disclose, and distribute your communications without limitations; and (c) RITUALWAY can use any ideas, concepts, know-how, content, or techniques from your communications for any purpose, including developing, producing, and marketing products and services without compensating or accounting to you.
14.Privacy Policy.
Your privacy is important to RITUALWAY. RITUALWAY's Privacy Policy is incorporated into, subject to and made part of these Terms. To review the RITUALWAY Privacy Policy, click here
15.Binding Arbitration / Class Waiver.
You and RITUALWAY agree that all disputes, controversies and claims related to these Terms (including the Privacy Policy, RITUALWAY Services and any order for any product or services from RITUALWAY) (each a "Claim"), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.
(a) YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND RITUALWAY ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE RITUALWAY SERVICES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OR RITUALWAY'S PRIVACY POLICY AND PRACTICES (COLLECTIVELY "DISPUTES"), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE NEUTRAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES CURRENTLY AVAILABLE AT ADR.ORG/CONSUMER ("RULES AND PROCEDURES"). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
(b) Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case RITUALWAY will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. RITUALWAY also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.
(c) The arbitration may be conducted in Delaware, or, upon the plaintiff's request, in the city closest to plaintiff's location where AAA maintains an office, unless the parties agree otherwise in writing. The arbitrator's award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction.
(d) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may visit the AAA website at www.adr.org
(e) To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis.
(f) YOU AND RITUALWAY AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES. NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. YOU AND RITUALWAY FURTHER AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, PROVIDED HOWEVER THAT NOTHING HEREIN SHALL BE DEEMED TO PREVENT A PARTY FROM SEEKING PUBLIC INJUNCTIVE RELIEF IN ARBITRATION UNDER THIS AGREEMENT WHERE APPLICABLE LAW PROVIDES FOR SUCH A RIGHT.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from (i) a violation of your or RITUALWAY's intellectual property rights in any manner; (ii) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and (iii) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the "Governing Law" section below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
In specific cases involving intellectual property rights violations, theft, piracy, unauthorized use, violations of the Computer Fraud and Abuse Act, or claims for equitable relief, injunctive remedies may be sought in state or federal courts, with both parties consenting to exclusive jurisdiction and venue in such cases. Small claims court actions are also allowed for Claims within its jurisdiction.
16. Indemnity:
When you use any of the RITUALWAY Services, you agree to indemnify and protect RITUALWAY, its subsidiaries, affiliates, officers, agents, partners, and employees from any losses, liabilities, claims, or demands, including reasonable attorneys' fees, brought by a third party due to or arising from: (a) your misuse of RITUALWAY Services; (b) any User Content you provide or use; or (c) your violation of these Terms.
17. Warranty Disclaimer:
Your use of the RITUALWAY Services is solely at your own risk. RITUALWAY does not guarantee that the RITUALWAY Services will meet your specific requirements. Unless otherwise stated in these Terms, all RITUALWAY Services, including any materials, products, or services provided with them, are provided on an "as is" and "as available" basis. RITUALWAY does not provide any warranties, whether express, statutory, or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party intellectual property rights, title, custom, trade, quiet enjoyment, accuracy of information content, or system integration. RITUALWAY also disclaims liability for claims arising from misuse, improper product selection, installation, modification, repair, or application of products. RITUALWAY does not guarantee uninterrupted, error-free, or completely secure operation of the RITUALWAY Services, nor does it guarantee that errors or defects will be corrected.
Some states' laws may not allow the exclusion or limitation of implied warranties. If such laws apply to you, some or all of the disclaimers, exclusions, or limitations mentioned here may not apply to you, and you may have additional rights.
18. Limitation of Liability:
RITUALWAY is not liable to you or any other party for any special, exemplary, indirect, incidental, punitive, or consequential damages, costs, or attorney's fees arising from or related to these Terms or the access, use, or operation of the RITUALWAY Services, including any materials, products, or services provided with them. RITUALWAY's total liability to you concerning the RITUALWAY Services is limited to the purchase price paid for the materials, product, or service that gives rise to such liability.
Certain state laws may not allow the exclusion or limitation of liability for incidental or consequential damages. If such laws apply to you, some or all of the exclusions or limitations stated here may not apply, and you may have additional rights available to you.
19. Limited Time to Bring Your Claim:
You and RITUALWAY agree that any legal action arising from or related to the RITUALWAY Services, including any claims or disputes, must be initiated within one (1) year after the cause of action arises. Failure to do so within the specified time frame will result in the permanent barring of such legal action.
20. Trial by Jury:
Both you and RITUALWAY waive the right to a trial by jury in any dispute, to the extent permitted by law.
21. Force Majeure:
RITUALWAY shall not be held liable for any delays or interruptions in performance caused in whole or in part by force majeure events. These events include, but are not limited to, acts of nature, labor disputes, war, terrorism (actual or threatened), government regulations, insurrections, epidemics, shortages, power failures, accidents, fires, explosions, transportation delays, or any other circumstances beyond RITUALWAY's reasonable control that affect its business operations.
22. Governing Law:
These Terms shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods and other international laws shall not apply to these Terms.
23.Miscellaneous:
Both you and RITUALWAY acknowledge and agree that no partnership is formed, and neither you nor RITUALWAY has the power or the authority to obligate or bind the other. If any provision of these Terms is determined to be unlawful, void or unenforceable by a tribunal of competent jurisdiction, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If RITUALWAY fails to act with respect to your breach or anyone else's breach on any occasion, RITUALWAY is not waiving its right to act with respect to future or similar breaches. These Terms constitute a binding agreement between you and RITUALWAY, and are accepted by you as a condition for your use of the RITUALWAY Services or your account. These Terms constitute the entire agreement between you and RITUALWAY regarding the use of the RITUALWAY Services and the RITUALWAY Content.
24. Promotions and Discounts:
Percentage Off Discount or Dollar Off Discount:
Offer is valid until the specified date off regular retail prices. Quantities may be limited. All discounts are shown on the website. Discounts are not applicable to (i) product customizations, (ii) RITUALWAY loyalty program fees, (iii) gift card purchases, (iv) applicable service, delivery or shipping fees, care and handling fees, taxes, and (v) special collections. Discounts cannot be combined with any other offer or promotion. The offer may change without prior notice.
Miles/Points Earned per Dollar:
Offer is valid until the specified date. Miles or points are earned based on the product purchase price and exclude (i) product customizations, (ii) RITUALWAY loyalty program fees, (iii) gift card purchases, (iv) applicable service, delivery or shipping fees, care and handling fees, taxes, and (v) special collections. Miles cannot be combined with other promotions, gift certificates, coupons, discounts, or affiliate programs (including other reward programs). The offer is subject to change without notice.
Miles/Points Earned per Purchase:
Offer is valid until the specified date. Miles or points are earned based on the number of miles or points listed with the product and exclude (i) product customizations, (ii) RITUALWAY loyalty program fees, (iii) gift card purchases, (iv) applicable service, delivery or shipping fees, care and handling fees, taxes, and (v) special collections. Miles earned cannot be combined with other promotions, gift certificates, coupons, discounts, or affiliate programs (including other reward programs). The offer may change without notice.
Miles/Points Redeemed:
Offer is valid until the specified date. Miles or points required to redeem the product are listed with the product and cannot be used for (i) product customizations, (ii) RITUALWAY loyalty program fees, (iii) gift card purchases, (iv) applicable service, delivery or shipping fees, care and handling fees, taxes, and (v) special collections. This promotion cannot be combined with other promotions, gift certificates, coupons, discounts, or affiliate programs (including reward programs). The offer may change without notice.