Adamantium Real Estate/Skinwalker Ranch
Updated and Effective as of March 7, 2022
This website https://www.skinwalker-ranch.com is operated by Adamantium Real Estate, LLC, (“Adamantium”). Throughout the site, the terms “we”, “us” and “our” refer to Adamantium. Adamantium offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The Skinwalker Ranch Insider membership platform organizes both free and paid communities of Skinwalker Ranch fans and delivers an array of membership benefits that include video streaming, team Q&A’s, exclusive newsletters, chat, contests and more.
By registering to our platform or purchasing something from us on this website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all registered users of the site, including without limitation users who are vendors, customers, merchants, and/or contributors of content. “Products” shall refer to the result of any design on the website or the unit of sale offered to end users through the website.
Please read these Terms of Service carefully before registering to our platform or purchasing something on our website. If you do not agree to all the terms and conditions of this agreement, then you may not register or purchase our Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. The contractual language is English. We store this Terms after conclusion of a contract.
SECTION 1 – PROHIBITED CONTENT AND ACTIVITIES
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. For example, you may not:
– Impersonate any person or falsely state or otherwise misrepresent your credentials, or affiliation with any person.
– Transmit any worms or viruses or any code of a destructive nature.
– Solicit, collect, transmit, store, or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, etc.
– Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that exposes us, users, or any other third party to any liability, damages, or detriment of any type.
– Use or attempt to use another’s information, account, password, service, or system except as expressly permitted.
You are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
SECTION 3 – SUBSCRIPTION SERVICES
Subscription Services. Certain Services, such as the Skinwalker Ranch Insider subscription may be made available through the creation of a subscription account and payment of a fee (“Subscription Services”). Through such Subscription Services accounts, you will have access to the Subscription Services for a fixed term, which may renew automatically as described in these Terms.
Conclusion of contract. The provision of the opportunity to subscribe to our Subscription Services does not constitute a binding offer by us to conclude a subscription contract, but is an invitation to you to submit an offer to us. You make a binding offer for a Subscription by entering all required information during the ordering process and clicking on the “Subscribe & Pay” button (“Offer”). Until you click the Subscribe & Pay button, you can cancel the Offer at any time or change the information provided by editing your information within the account dashboard or contacting us at email@example.com. We send an e-mail to the e-mail address you provided to us upon registration immediately after receipt of your offer to confirm that we have received your offer (“Offer confirmation e-mail”). This e-mail does not constitute our acceptance of your Offer.
The Subscription contract is concluded by sending a second e-mail to explicitly accept your offer (“Acceptance e-mail”) within three working days (“Conclusion of contract”). The order confirmation e-mail represents our acceptance of your offer.
In case of methods of direct payments, the provision of the opportunity to subscribe to our Subscription Services does constitute a binding offer by us to conclude a subscription contract (“Offer”). You accept our Offer for the Subscription Services by entering all required information during the ordering process and clicking on the “Subscribe & Pay” button (“Conclusion of contract”). After you have accepted our Offer, you will receive an email from us immediately acknowledging that we have received your acceptance.
Access Restrictions. You are not authorized to access any Subscription Services unless you (i) have opened a subscription account with Adamantium and paid the appropriate fee; (ii) have received access credentials (including a username and password), and (iii) are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing, selling, publicly offering, or offering to sell your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties or otherwise in violation of these Terms. You are responsible for maintaining the confidentiality of your access credentials and if you know or suspect that anyone other than you knows your access credentials, you must promptly notify us. You are also responsible for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit or debit card in connection with your use (or an authorized third party’s use) of the Subscription Services. In the event of any fraudulent, abusive, or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.
Suspension or Termination. We may suspend or terminate your access to Subscription Services at any time with 2 weeks e-mail notice in advance. If we do so, you will not be responsible for fees associated with the Subscription Services after the termination becomes effective.
Billing and Payment
The price of the Subscription Services is listed and payable in Euro (€) (EUR). The price includes VAT and any other applicable taxes at the applicable rate.
The possible payment methods for the Products are detailed on our Website during the ordering process.
– Fees. You have to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes (including any applicable VAT tax).
– Automatic Renewal / Monthly Subscription Services. For Subscription Services billed on a monthly basis, your subscription will automatically renew monthly unless you cancel your Subscription Service prior to the beginning of the next applicable billing (and renewal) period. The primary credit or debit card you have stored in your account will be charged on or about the same date each month of your subscription. If we are unable to process these charges to your primary credit or debit card, an alternative card stored in your account may be charged. Adamantium may also provide certain Services which are billed on an annual basis. If you wish to cancel a Subscription Service, you may cancel your monthly subscription in its entirety (including the annual automatic renewal of the Subscription Service in subsequent years). Please see the Termination Section below for details regarding refunds.
– Automatic Renewal / Yearly Subscription Services. For Subscription Services billed on a yearly basis, your subscription will automatically renew annually each year at the then-current year’s regular full yearly price, unless you cancel your Subscription Service prior to the beginning of the next applicable billing (and renewal) period. The primary credit or debit card you have will be charged each subsequent year as set forth above. If we are unable to process these charges to your primary credit or debit card, an alternative card stored in your account may be charged. Please see the Termination Section and the Consumer Withdrawal Right Section below for details regarding refunds.
– Cancellation. To cancel your subscription to Subscription Services, you must follow the procedures described below. If we do not list cancellation procedures for a particular Subscription Service, you should contact us at firstname.lastname@example.org.
SECTION 4 – TEST PERIOD
We grant all registered users a 7-day test period (the “Test Period”) of access to our Subscription Services benefits during which you can try our Service. The test period starts on the day you subscribed to one of our Subscription Services. You have the right to rescind the concluded contract at any time during the test period given by us. The timely dispatch of the rescission notice is sufficient.
The foregoing right is a contractual right that we grant you in addition to statutory warranty and withdrawal rights, and it does not limit these rights. Please see also Section 8 “Consumer Withdrawal Right”.
SECTION 5 – CONSUMER WITHDRAWAL RIGHT
If you are a consumer, you have a legal right to withdraw from the contract. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 7 days without giving any reason.
The withdrawal period will expire after 7 days from the day of the Conclusion of Contract.
To exercise the right of withdrawal, you must inform us (Adamantium Real Estate, LLC c/o MediaWorks 360, Inc., PO Box 281, Norwalk, CT 06853, or email us at email@example.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 7 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you have requested that the services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total amount of services provided in the Agreement.
Model Withdrawal Form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To: Adamantium Real Estate, LLC, c/o MediaWorks 360, Inc.,
PO Box 281, Norwalk, CT 06853 USA, or e-mail: firstname.lastname@example.org
— I hereby give notice that I withdraw from my contract of sale of the following goods or for the provision of the following service:
— Ordered on or received on (date)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
SECTION 6 – INTELLECTUAL PROPERTY
Certain areas of the Services may enable you to post comments, send emails, or otherwise post, publish, submit, transmit, upload, send, or otherwise provide (“Provide”) information to us. You remain fully responsible for the content and other materials that you provide to us or others in connection with the Services, including without limitation information, photographs, designs, or other materials (“User Content”). You must not provide User Content that:
– Infringes on, misappropriates, or otherwise violates the copyright, trademark, patent, or other intellectual property right of any person;
– Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually-explicit;
– Violates a person’s right to privacy or publicity;
– Contains advertising or a solicitation of any kind;
– Exploits, harms, personally attacks (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonates any person or entity;
– Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
– Transmits, stores, or otherwise makes available a virus, trojan horse, worm, time bomb, spyware, bot, or other harmful or deleterious programming routine; transmits, stores, or otherwise makes available material which contains any material of a commercial nature, including but not limited to advertising, promotions, “junk mail,” “spam,” “pyramid schemes,” “chain letters,” or solicitation of any kind;
– Transmits, stores, or otherwise makes available material which is irrelevant to the subject matter of the Services;
– Contains epithets or other language or material intended to intimidate or to incite violence; or
– Violates any applicable local, state, national, or international law, or advocates illegal activity.
If the Services permit you to provide us User Content, you may only provide User Content that is original and that you have the right to provide. You are solely responsible for your interactions with other users of the Services. You may use various features (e.g., the “Flag” within comments sections) to report violators within the User Content. We reserve the right, but have no obligation, to monitor disputes between you and other users.
If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you may be held fully responsible for his or her User Content and any legal liability that he or she may incur.
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exist and no link to our Services may be “framed” to the extent such frame contains any sponsorship, advertising, or commercial text or graphics. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the User Content standards described in these Terms.
SECTION 7 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, ‘comments’), we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor and edit content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Your comments must not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
Your comments must 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 the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We will correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time.
No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its content or the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Our statutory liability is unlimited for willful intent, gross negligence, personal injury, death, to the extent we have given a guarantee (which must be expressly designated as such to be a guarantee in the legal sense).
In cases other than those described in the foregoing paragraph, we are liable for slight negligence only to the extent we breach an essential obligation. An essential obligation for the purpose of this clause is one that must be performed in order for the purpose of the agreement to be met, and on the performance of which you may therefore generally rely. If we are liable for a slightly negligent breach pursuant to this paragraph, our liability is limited to the damages that are typical of the agreement and foreseeable upon its conclusion.
These limitations of liability apply accordingly for the benefit of We, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors.
SECTION 12 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the unenforceable portion shall be deemed to be severed from these Terms of Service and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.
If you severely fail to comply with any term or provision of these Terms of Service more than once, we also may terminate this agreement at any time and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 14 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements.
SECTION 15 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of [●●e.g. Germany●●], excluding the uniform UN Convention on Contracts for the International Sale of Goods (CISG). The choice of law may not, however, have the effect of depriving the consumer of the protection afforded to him by mandatory provisions of local law of the country the consumer has his habitual residence in.
SECTION 16 – Disputes and ORD Platform
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with any Products supplied, your customer experience or any other matter please contact us as soon as possible by e-mail at email@example.com.
The EU also has an online dispute resolution (ODR) platform that consumers can use to resolve disputes, accessible at https://ec.europa.eu/consumers/odr/. Please note that we are not obliged and do not generally consent to participating in alternative dispute resolution before a consumer mediation board. We reserve the right to consent to such procedures on a case-by-case basis.
SECTION 17 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
If we change these Terms of Service, we shall notify you via e-mail at least eight weeks before the changes are scheduled. Changes of these terms are deemed to have been approved if you do not object to them until they take effect. In the notification of amendment, we point out in particular the beginning of the aforementioned period, the significance, and the consequences of your non-objection. This does not apply to main performance obligations.
SECTION 18 – CONTACT INFORMATION / DMCA NOTIFICATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Adamantium’s designated agent for notice of claims of copyright is:
Adamantium Real Estate, LLC, 6440 S. Millrock Drive, Suite 500, Salt Lake City, Utah 84121.
Copyright © 2021 Adamantium Real Estate, LLC.