Terms & Conditions

Pythia Visions LLC

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.

These Terms and Conditions govern your access to and use of the Site and Services and constitute a binding legal agreement between you and Pythia, so please read them carefully. BY PRESSING THE “I AGREE” BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

Eligibility

In order to use the Site and Services, you must be 13 years or older and able to fully comply with these Terms and Conditions.

Account

In order to use the Site and Services (become a “User”), you must create an Account. You must provide accurate information in the process of creating an account. You may delete your account at any time.

Relationship Between Parties

Pythia facilitates interaction between artists in an effort to foster the creation of evocative religious artwork. The opinions and beliefs expressed by Users are not necessarily those of Pythia, and Pythia makes no promises or guarantees regarding the value, accuracy, or truthfulness of the opinions or beliefs expressed by Users.

You acknowledge that Users, unless denoted by the Moderator tag, are neither employees nor independent contractors of Pythia. Users, including Moderators, have no authority to bind, assume responsibility for, or obligate (whether expressly or by implication) Pythia.

Impermissible Content

The goal of the Service is to allow for a safe community in which artists develop a specific skill of creating religious artwork. Therefore, Users may not use the Site or Service, including uploading or sharing any content, in such a way or containing such content that:

Violates the Terms and Conditions
Is unlawful, misleading, discriminatory or fraudulent
Infringes or violates someone else’s rights
In our sole opinion detracts from the positive and constructive atmosphere

Prohibited Activity

Users may not do any of the following:

Upload viruses or malicious code, or do anything that might in any way disable, overburden, or impair the proper working or appearance of the Site and Services.
Access or collects data from the Site or Services using automated means
Access, or attempts to access, data that you do not have permission to access

Limits on Liability

The Site and Service are provided “as is,” and Pythia makes no guarantees that the Site or Service will always be safe, secure, error-free, or that they will function without disruptions, delays, or imperfections. TO THE EXTENT PERMITTED BY LAW, PYTHIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. While Pythia exercises its best efforts, it ultimately cannot control what Users do or say, and Pythia is not responsible for the actions or conduct (online or offline) or any content shared by other Users, including offensive, inappropriate, obscene, unlawful, and other objectionable content.
Pythia cannot predict when issues might arise with the Site or Services, and Pythia’s liability is limited to the fullest extent permitted by applicable law. Pythia is not liable for any lost profits, revenues, information, data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to the Terms and Conditions or the Site and Services, even if Pythia has been advised of the possibility of such damages.

Binding Arbitration / Class Waiver

(a) You and Pythia agree that all disputes, controversies and claims related to these Terms, 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.

(b) YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND PYTHIA ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE PYTHIA SERVICES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OR PYTHIA’S PRIVACY POLICY AND PRACTICES (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED IN WASHINGTON, D.C. BEFORE ONE COMMERCIAL ARBITRATOR ADMINISTERED BY JAMS, RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES CURRENTLY IN EFFECT (“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.

(c) Payment of arbitration costs will be governed by the JAMS’ fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Pythia 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. Pythia also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by JAMS. 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.

(d) The arbitration may be conducted in Washington, D.C. or, upon the plaintiff’s request, in the city closest to plaintiff’s location where JAMS 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.

(e) For more information on JAMS, its Rules and Procedures, and how to file an arbitration claim, you may call JAMS at (202) 942-9180 or visit the JAMS website at www.jamsadr.org.

(f) Notwithstanding anything to the contrary herein, to the extent the Dispute arises from:
   (i) a violation of your or Pythia'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.

(g) To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.

(h) YOU AND PYTHIA 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, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

Account Suspension and Termination

Pythia reserves the right to temporarily suspend, or permanently terminate your account for any violation of the Terms and Conditions, as determined in its sole judgment, with no advance warning or compensation of any kind. This includes the removal of any content or comments uploaded to the Site or shared through the Services. Pythia also reserves the right to suspend or terminate your account if you create risk or legal exposure for Pythia, or when Pythia is required by law. Where appropriate, Pythia will notify you about your account the next time you try to access it.

Severable

If any term or portion of the Terms and Conditions are unenforceable under relevant law, the remainder will remain in full force and effect, and the Court will interpret them in such a way as to most closely follow the expressed intent of the Terms and Conditions.

Waiver

Any failure to enforce any portion of these Terms and Conditions is not considered a waiver of any other breach. Any waiver or amendment of these Terms and Conditions must be in writing and signed by Pythia.

Non-Transferrable

Users may not transfer any rights or obligations under the Terms and Conditions without Pythia’s written consent.

Preservation of Rights

Pythia reserves all rights not expressly granted to you. This includes the right to alter the Terms and Conditions at any time and for any reason. If such a change has taken place, you must agree to the update Terms and Conditions before accessing the Site or Services or delete your Account.

Entire Agreement

These Terms and Conditions contain the entire agreement between you and Pythia, and supersede any previous agreement, written or oral, concerning access to the Site and Services as a User.

Last Revised: April 20, 2018