Terms of Service

Last Updated: May 13, 2024

Important: These Terms require all disputes between us to go through binding arbitration instead of government court. By accepting these Terms, you waive any right to have disputes decided (1) by a judge or jury and (2) in class or representative actions. You can opt-out of arbitration for thirty (30) days after you first accept these Terms—see opt-out under Dispute Resolution below.

1. Introduction

The Agreement: By accessing or using our online services, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy (together, the “Agreement”). The Agreement governs your use of the online platform and other products and services (which we call the “Services”) made available by Horror, Inc. (“we”, “us”, “our” and “Jason Universe”).

You must read this Agreement carefully before you accept it. If you do not accept, or cannot understand, anything in the Agreement, stop using the Services immediately.

Updates: These Terms are effective as of the Last Updated date above. As the Services change, we may update these Terms by posting a new version and updating the Last Updated date.

If, in our sole judgment, an update materially impacts your rights or obligations, we will provide at least 30 days’ notice before the update goes into effect, unless the update is necessary for us to comply with applicable law, in which case we will provide you with as much notice as reasonably possible.

For example, we may email the address in your Account or place a temporary notice on the Services’ homepage.
Changes to these Terms do not create a renewed opportunity to opt out of arbitration (if applicable).

But it’s your sole responsibility to review these Terms from time to time to view the current Terms. By using or accessing the Services after the Last Updated date, you accept the current Terms. If you do not accept a change to the Terms, stop using the Services immediately.

2. Eligibility and Responsibilities

Unless you meet these requirements, you are not eligible to use the Services. In these Terms, “you” and “your” means you as the user of the Services.
1. Age: You must be 16 or older to use the Services, or otherwise of legal age to form a binding contract in your jurisdiction. If you are under the age of majority where you live, but are 16 or older, you are only permitted to use the Services if your parent or guardian accepts these Terms on your behalf prior to use of the Services. By using the Services, you affirm that you are of legal age to enter into this Agreement and to use the Services.
2. Business use: If you use the Services on behalf of a company, then “you” includes you and that entity, and you represent and warrant that (i) you are authorized to bind the company to these Terms, and (ii) you agree to these Terms on the company’s behalf.
You are responsible for all your activity in connection with the Services.
Most importantly, you represent and warrant that you will not use the Services in any way that violates applicable law, Outside Terms or our Privacy Policy.

3. Other Applicable Terms

Privacy Policy. Our Privacy Policy also forms part of the Agreement, and governs our use of personal information and explains your rights and choices, such as how to unsubscribe if you subscribe to messages from us. We may update our Privacy Policy in the same way we update the Terms. Please review them from time to time to ensure that you remain aware of the current versions.
Outside Links, Materials and Terms. The Services may link to, embed, integrate or connect third party services (“Outside Materials”). Outside Materials may be subject to additional legal terms (“Outside Terms”) made available by their third-party provider.
The Agreement does not apply to Outside Materials. We are also not a party to Outside Terms. By using the Services, you acknowledge and agree that we are not responsible for, and disclaim all liability for, the performance and reliability of Outside Materials and any act or omission of any provider of Outside Materials. We do not warrant, endorse or otherwise guarantee the Outside Materials’ integration, interoperation or support with the Services.
If you have any complaints in connection with any Outside Materials or Outside Terms, please contact the third-party provider directly, your state Attorney General or the Federal Trade Commission at www.ftc.gov.

4. Content

Our Content. While using our Services, you will have access to content that we provide on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on the Services.
Ownership. Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
Very limited license to use. You may use the Services and Our Content solely for personal and non-commercial purposes. All rights not specifically granted in the license set forth above shall be reserved and remain always with the Jason Universe. You acquire no rights or licenses in or to the Services or Our Content other than the limited right to utilize the Services in accordance with these Terms.
No other rights. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants you, or any third party, any right, title, or interest in or to Our Content, the Services or other intellectual property provided in connection with this Agreement, whether by implication, waiver, estoppel, or otherwise.

5. Acceptable Use

Aside from using any sharing and usage options we make available, you may not do any of the following while using the Services:

download, modify, copy, distribute, transmit, display, perform, reproduce, publish, or offer for sale any information obtained from or through the Services;
duplicate, decompile, reverse engineer, disassemble or decode the Services, or attempt to do any of the same;
use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify or affect the Services;
exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services, or attempt to do so;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
use any robot, spider, crawlers or other automatic device, process, software or query to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
use the Services for illegal, harassing, unethical, or disruptive purposes;
violate any applicable law or regulation in connection with your use of the Services; or
access or use the Services in any way not expressly permitted by these Terms.

6. Disclaimers, Limits on Liability & Indemnification

Warranties.
1. Except as stated elsewhere in these Terms, all of the Services, products and content are provided “as is” without warranty of any kind. To the fullest extent permitted by law, we disclaim without limitation all warranties, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise, including the warranties of merchantability, title, non-infringement of third parties’ intellectual property rights, or fitness for a particular purpose.
2. Use of the Services and the transmission of messages through the Services is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty that is not expressly stated in these Terms.
3. These limitations apply only to the extent they are not prohibited by applicable law. To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.
Limitations of Liability. Except for the indemnity obligations stated below, to the fullest extent allowed by applicable law, under no circumstances and under no legal theory will either of us be liable to the other with respect to the subject matter of this Agreement for:
1. Any indirect, special, incidental, or consequential damages of any kind, or
2. Any aggregate amount in excess of the greater of (1) $100 or (2) the amounts paid or payable by you to us for paid Services in the three-month period preceding the applicable claim.
For clarity, this means we will not be liable for: unauthorized access to or loss of any data or information, the cost of procuring alternative goods or services, internet failures, or our failure to provide technical or other support services. These limits apply to all claims, obligations and liabilities relating to this Agreement, even if we, our affiliates, licensors or suppliers are aware of the possibility that you may incur these damages, and even if these limited remedies fail of their essential purpose.
Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless Horror, Inc., its affiliates, officers, agents, employees, and partners from and against any and all third-party claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or relating to (i) your use of the Services (including any actions taken using your access to the Services) or (ii) your violation of this Agreement or of law. In the event of such a claim, suit, or action, we will notify you using the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under this Agreement). This obligation will survive any suspension, termination or cessation of your use of the Services.

7. Dispute Resolution

You agree to resolve disputes with Jason Universe through binding arbitration, except as described in this Section 7 (“Arbitration Clause”). The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. You may opt-out of arbitration under Section 7(k) within thirty (30) days of first accepting these Terms.

Covered Disputes. You and Jason Universe agree that any dispute or claim between you and Jason Universe arising out of or relating to this Agreement or the Services (a “Dispute”) will be resolved by binding arbitration, rather than in court. A Dispute includes any claim or dispute relating to the Services, access and use of the Services, your Account, or any aspects of your relationship or transactions with Jason Universe. A Dispute also includes any claims or disputes that arose from or involve facts that occurred before the effectiveness of this Agreement and claims that may arise after its termination. For clarity, nothing in this Arbitration Clause prevents either party from settling any Dispute(s) on a class-wide, batch-wide or other multiparty basis.
Exceptions to Arbitration. This Arbitration Clause does not require arbitration of the following types of claims brought by either you or Jason Universe:
1. small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and
2. claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.
Informal Dispute Resolution First. Like you, we want to resolve Disputes without resorting to arbitration. If you have a Dispute with us, before initiating arbitration, you agree to send an individualized request (“Pre-Arbitration Demand”) to dispute@jasonuniverse.com so that we can work together to resolve the Dispute.
This Section 7(c) is a condition precedent to commencing arbitration. The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.
1. A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.
2. The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature.
3. Likewise, if Jason Universe has a Dispute with you, Jason Universe will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account.
4. If the Dispute is not resolved within sixty (60) calendar days of when either you or Jason Universe submitted a Pre-Arbitration Demand, an arbitration can be brought.
5. This Section 7(c) does not apply to claims brought under the exception to arbitration in Section 7(b).
Arbitration Procedure. If, after completing the informal process in Section 7(c), either you or Jason Universe wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you will be sent to the Jason Universe address in Section 7(c). Jason Universe will send any arbitration demand to the email address associated with your Account or to your counsel, if any. You and Jason Universe agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Clause. If the FAA cannot apply, then the state laws governing arbitration procedures where you reside apply.
1. The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. This Arbitration Clause will govern to the extent it conflicts with the arbitration provider’s rules.
2. If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.
3. Arbitration hearings will take place through videoconferencing, unless you and Jason Universe agree upon another location in writing. A single arbitrator will be appointed.
4. The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction over the dispute. An arbitration award will have no preclusive effect in another arbitration or court proceeding involving Jason Universe and a different individual. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether this Arbitration Clause is applicable, unconscionable, or enforceable, as well as any defenses to arbitration. However, a court has exclusive authority to rule on the Class Action Waiver in Section 7(f), including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.
5. If a request to proceed in small claims court (see Section 7(c)(i)), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed. Any controversy over the small claims court’s jurisdiction will be determined by the small claims court.
Jury Trial Waiver. You and Jason Universe agree to waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Jason Universe are instead electing that all Disputes will be resolved by arbitration under this Arbitration Clause, except as specified in Section 7(b) above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.
Class Action Waiver. You and Jason Universe agree that, except as specified in Section 7(g) below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis.
1. The parties agree to waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.
2. Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.
3. Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final nonappealable decision, that the limitations of this Section 7(f) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Jason Universe agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in Section 8(b).
Batch Proceedings. To increase the efficiency of administration and resolution of arbitrations, you and Jason Universe agree that if 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief), presented by or with the assistance or coordination of the same law firm(s) or organization(s), are filed within a one hundred and eighty (180) day period (“Mass Filing”), the parties agree:
1. to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batch Proceedings”) with only one batch filed, processed, and adjudicated at a time;
2. to designate one arbitrator for each batch;
3. to accept applicable fees, including any related fee reduction determined by NAM in its discretion;
4. that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated;
5. that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Jason Universe and the claimants, will only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and
6. that the staged process of batched proceedings, with each set including 25 demands, will continue until each demand (including your demand) is adjudicated or otherwise resolved.
7. Any statutes of limitation, including the requirement to file within one (1) year in Section 7(j) below, will remain tolled while any arbitration demands are held in abeyance. While the Batch Proceedings are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.
  1. If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.
8. All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues and seek the same or similar relief. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch Proceeding process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause, including Section 7(c).
  1. To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly. Jason Universe will pay the Administrative Arbitrator’s costs.
9. The parties will work in good faith with the arbitrator to complete each Batch Proceeding within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Batch Proceeding process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.
10. This Batch Proceedings provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind. Unless Jason Universe otherwise consents in writing, Jason Universe does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 7(g).
Settlement. At least ten (10) calendar days before the date set for the arbitration hearing, you or Jason Universe may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly. If the offer is not accepted before the earlier of the arbitration hearing or thirty (30) calendar days after it is made, it will be deemed withdrawn, and cannot serve as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer.
The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.
Arbitration Costs. Except as provided for in a Mass Filing under Section 7(g), your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules.
18-Month Filing Deadline. To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Arbitration Clause (with the exception of disputes under Section 7(b)(ii)) must be filed within eighteen (18) months after such claim or cause of action arose. Otherwise, that claim or cause of action will be permanently barred. The statute of limitations and any arbitration cost deadlines remain tolled during the required informal process under Section 7(c) above.
Opt-Out. You may reject this Arbitration Clause and opt out of arbitration by sending an email to opt-out@jasonuniverse.com within thirty (30) calendar days of first accepting these Terms. If you have an Account, your opt-out notice must be sent from the email address associated with your Account. No one may opt-out another person. Your notice to opt-out must include your first and last name, address, the email address associated with your Account (if you have an Account), and a clear statement that you decline this Arbitration Clause.
Severability. Except as provided in Section 7(f) above, if any provision of this Arbitration Clause is found to be illegal or unenforceable, then that provision will be severed. The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

8. Additional Provisions

Feedback. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Feedback”) you send us are our exclusive property. By submitting Feedback, you assign any and all intellectual property rights in the Feedback to us. We may, but are not required to, use the Feedback, including any intellectual property or proprietary rights in that Feedback, for any purpose whatsoever, without any attribution, financial compensation, or reimbursement of any kind to you or any third party.
Governing Law; Forum. These Terms are governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. Subject to Section 7, you and we agree to only bring Disputes and any other legal proceeding in the state and federal courts located in Los Angeles, California. You and we consent to the jurisdiction of those courts. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would be an inadequate remedy and we will be entitled to equitable relief in addition to any remedies we may have under this Agreement or at law without a bond, other security or proof of damages.
California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the California Department of Consumer Affairs’ Division of Consumer Services in writing at: Complaint Assistance Unit 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services or other information or materials provided by us under this Agreement, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.
In particular, but without limitation, the Services may not be exported or re-exported (i) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (ii) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
You are responsible for and agree to comply at your sole expense with all applicable United States export laws and regulations.
Modifications of Services. We may change or discontinue any aspect, service or feature of the Services at any time, in our sole discretion.
Relationship. You and Jason Universe agree there are no third-party beneficiaries intended under the Agreement. You acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Horror, Inc.
Interpretation. If it turns out that a particular term of the Agreement is not enforceable for any reason, this will not affect any other terms. Any words following the terms “including,” “include,” “in particular,” “for example”, “such as” or any similar expression are illustrative, non-exhaustive and do not limit the sense of the words, phrase or description preceding those terms. The word “or” as used in these Terms is not exclusive. The failure of either party to exercise, in any way, any right under these Terms does not waive any further rights the Terms provide.
Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding between the parties as to its subject matter, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to it.
Force Majeure. In no event will we be liable to you, or be deemed to have breached this Agreement, for any failure or delay in performing our obligations under the Agreement, to the extent such failure or delay is caused by any circumstances beyond our reasonable control.