Terms of Use

Last updated: May 24, 2026

Welcome to Eaten By Clowns. These Terms of Use (“Terms”) constitute a legally binding agreement between you and Eaten By Clowns and govern your access to and use of the eatenbyclowns.com website, including all subdomains, content, products, and services (collectively, the “Site”). The Site is operated by Eaten By Clowns, a sole proprietorship based in Las Vegas, Nevada (“Eaten By Clowns,” “we,” “us,” or “our”).

By accessing, browsing, registering an account, or making a purchase on the Site, you (“User” or “you”) agree to be legally bound by these Terms, our Privacy Policy, and our Returns & Shipping Policy, each of which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.

1. Eligibility

The Site is intended for users at least 13 years of age. By using the Site, you represent and warrant that you are at least 13 years old. To make purchases, register an account, or submit payment information, you must be at least 18 years of age. If you are between 13 and 17, you may only use the Site under the supervision of a parent or legal guardian who has read these Terms and agrees to be legally bound by them on your behalf. The parent or legal guardian assumes all responsibility and liability arising from the minor’s use of the Site, including any purchases. We reserve the right to refuse service, terminate accounts, cancel orders, or remove content at our sole discretion.

2. Account Registration and Security

Certain features of the Site may require account registration. You agree to provide accurate, current, and complete information and to maintain and promptly update your account information. You are solely responsible for safeguarding your account credentials and for all activities under your account. You agree to notify us immediately at eatenbyclowns11@gmail.com of any unauthorized access. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

3. Intellectual Property Rights (General)

All content on the Site, including but not limited to text, photographs, images, illustrations, graphics, logos, button icons, video clips, animations, written copy, product descriptions, software, source code, and the selection, arrangement, and compilation thereof (collectively, the “Content”), is the exclusive property of Eaten By Clowns or its licensors and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

“Eaten By Clowns,” the Eaten By Clowns logo, “I Don’t Fit Anywhere Productions,” “Stay Weird,” “Stay Weird Letter,” and all associated names, slogans, designs, and trade dress are trademarks of Eaten By Clowns, whether or not registered. All other trademarks appearing on the Site are the property of their respective owners.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Content for personal, non-commercial purposes only. You may not, except as expressly permitted by these Terms or with our prior written consent: reproduce, distribute, modify, prepare derivative works of, publicly display, publicly perform, republish, download (except as expressly authorized), store, transmit, sell, license, lease, rent, sublicense, frame, mirror, or otherwise exploit any Content. All rights not expressly granted to you are reserved by Eaten By Clowns and its licensors. Any unauthorized use may result in civil liability, statutory damages, and criminal prosecution.

Specific provisions governing music, lyrics, audiovisual works, and DMCA enforcement appear in Section 4 below.

4. Copyright, Music Use, and DMCA Policy

This Section 4 governs all use of Eaten By Clowns music, lyrics, recordings, compositions, artwork, and related intellectual property. Read this section carefully. Music and lyrics are the core assets of our business and are aggressively protected.

4.1 Ownership of Musical Works

All recorded music, musical compositions, song lyrics, musical performances, master recordings, music videos, album artwork, promotional photography, liner notes, and related audiovisual works available on or through the Site (collectively, “Musical Works”) are protected by United States copyright law (Title 17, U.S. Code), international copyright treaties including the Berne Convention, and other applicable intellectual property laws. Eaten By Clowns owns or controls all copyrights, master rights, publishing rights, and neighboring rights in the Musical Works unless otherwise expressly noted.

Copyright protection extends to both (a) the underlying musical composition (lyrics and music as written) and (b) the sound recording (the specific recorded performance). These are two separate copyrights, each requiring separate licenses for any non-personal use.

4.2 Limited Personal-Use License

Subject to your compliance with these Terms, Eaten By Clowns grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Stream, listen to, and enjoy the Musical Works for personal, non-commercial purposes on the Site or authorized streaming platforms;
• Make a reasonable number of personal backup copies of music you have legally purchased through the Site or authorized retailers;
• Quote brief excerpts of lyrics (no more than two lines per song) for non-commercial commentary, criticism, news reporting, teaching, scholarship, or research consistent with the fair use doctrine (17 U.S.C. § 107), with proper attribution to Eaten By Clowns;
• Share links to our official streaming pages, music videos, and social media posts on personal (non-monetized) social media accounts.

4.3 Prohibited Uses

The following uses are expressly prohibited without a separate written license from Eaten By Clowns. Engaging in any of these activities constitutes copyright infringement and a material breach of these Terms:

• Reproduction: Duplicating, copying, ripping, downloading (except as authorized), or reproducing the Musical Works in whole or in part by any means;
• Distribution: Sharing, uploading, posting, transmitting, file-sharing, peer-to-peer distribution, or otherwise making the Musical Works available to others;
• Public Performance: Playing the Musical Works in any public venue, business, restaurant, retail location, livestream, podcast, or commercial setting without a public performance license from the relevant PRO;
• Broadcast: Transmitting the Musical Works via radio, internet radio, television, satellite, podcast, or any other broadcast medium without authorization;
• Synchronization: Using the Musical Works in any audiovisual work, including film, television, advertisements, video games, YouTube videos, TikTok videos, Instagram Reels, Facebook videos, corporate videos, wedding videos, or any other video content, without a separate written synchronization license and master use license;
• Sampling: Extracting, looping, manipulating, or incorporating any portion of the sound recordings, regardless of length, into another musical work without a separate written master use license. There is no “small sample” exception. Any unauthorized digital sampling, however brief, constitutes infringement;
• Remixes, Mashups, and Edits: Creating remixes, mashups, edits, extended versions, or modified versions of the Musical Works for distribution, public performance, or commercial release without a separate written license;
• Cover Recordings for Commercial Release: Recording and commercially releasing a cover version of any composition without obtaining a mechanical license through The Mechanical Licensing Collective (MLC), Harry Fox Agency, or directly from Eaten By Clowns;
• Karaoke and Instrumental Versions: Creating, distributing, or commercially exploiting karaoke versions, instrumental tracks, stems, or backing tracks based on the Musical Works;
• Sheet Music and Tablature: Transcribing, publishing, or commercially distributing sheet music, lyrics sheets, chord charts, or tablature for the compositions without a separate written license;
• Lyric Reproduction Beyond Fair Use: Reproducing complete lyrics, multiple stanzas, or significant portions of lyrics on websites, in books, in apps, or in any other medium beyond the brief-quotation fair use described in Section 4.2;
• Advertising and Commercial Use: Using the Musical Works, lyrics, name, likeness, voice, or trademarks of Eaten By Clowns in any advertising, promotional material, product endorsement, sponsorship, or commercial context;
• Bootleg Recording: Making, distributing, or selling unauthorized recordings of live performances, broadcasts, rehearsals, demos, outtakes, or any other unreleased material;
• NFT Minting and Tokenization: Creating, minting, listing, selling, or otherwise tokenizing the Musical Works, artwork, or any associated content as non-fungible tokens (NFTs) or any other form of blockchain-based asset;
• AI and Machine Learning Training: Using the Musical Works, lyrics, recordings, compositions, vocal performances, artwork, or any related content as training data, input, fine-tuning material, or reference material for any artificial intelligence, machine learning model, generative AI tool, voice cloning system, or similar technology. This prohibition applies to both commercial and non-commercial AI systems and to both training and inference stages;
• Voice Cloning and Style Mimicry: Using AI tools to replicate, clone, or mimic the voice, vocal style, performance, or musical style of Eaten By Clowns or its performers;
• Scraping and Data Mining: Using automated tools, bots, crawlers, scrapers, or any similar technology to download, extract, or harvest the Musical Works, lyrics, or related content from the Site;
• Removal of Identifying Information: Removing, altering, or obscuring copyright notices, watermarks, metadata, ISRC codes, ISWC codes, attribution, or any other identifying information embedded in or accompanying the Musical Works.

4.4 First Sale Doctrine — Physical Media

Under the First Sale Doctrine (17 U.S.C. § 109), purchasers of legitimate physical copies (such as vinyl records or CDs) of our Musical Works may resell, lend, or give away their specific physical copy. However, the First Sale Doctrine does not authorize: duplication, public performance, broadcast, digital transmission, file sharing, or any of the other prohibited uses listed in Section 4.3 above. The First Sale Doctrine does not apply to digital downloads.

4.5 Fan Use Guidelines

We love our fans and want you to enjoy our music. The following uses by fans are generally permitted without requiring a license:

• Posting personal photos or videos that incidentally feature our music playing in the background (e.g., a phone video at a party);
• Sharing links to our official streaming pages and social media posts;
• Singing along to our songs at home, in your car, in the shower, or in private gatherings;
• Creating fan art (visual artwork inspired by our music) for personal non-commercial use, provided it does not use our copyrighted artwork or trademarks;
• Writing reviews, blog posts, or social media commentary about our music, quoting brief lyric excerpts (no more than two lines per song) with attribution.

If you are unsure whether a particular fan use is permitted, please contact us before using our music. We respond to good-faith inquiries from fans.

4.6 Press and Journalism Fair Use

Legitimate news outlets, journalists, music critics, and educational institutions may use brief excerpts of the Musical Works, lyrics, artwork, and promotional photography for the purposes of news reporting, criticism, commentary, scholarship, and teaching consistent with fair use under 17 U.S.C. § 107. Press inquiries and requests for promotional materials may be directed to eatenbyclowns11@gmail.com.

4.7 Licensing

To request a license for any use not authorized under Sections 4.2, 4.4, 4.5, or 4.6, including sync licenses, master use licenses, mechanical licenses, sample clearances, or other commercial use, contact eatenbyclowns11@gmail.com with the subject line “License Request” and include:

• Your name and contact information;
• The specific Musical Work(s) you wish to license;
• The specific use intended (medium, duration, territory, term);
• Your proposed budget or licensing fee;
• Any deadlines.

We respond to legitimate licensing inquiries. Failure to obtain a license before using the Musical Works does not relieve you of liability for infringement.

4.8 Reservation of Rights

All rights not expressly granted in this Section 4 or elsewhere in these Terms are reserved by Eaten By Clowns. No license is granted by implication, estoppel, or otherwise. Silence or inaction by Eaten By Clowns with respect to any unauthorized use does not constitute consent, waiver, or license, and shall not preclude future enforcement.

4.9 DMCA Designated Agent and Takedown Procedure

Eaten By Clowns respects the intellectual property rights of others and expects users to do the same. We respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

Designated DMCA Agent:

Eaten By Clowns — DMCA Agent
Las Vegas, Nevada
Email: eatenbyclowns11@gmail.com
Subject line: “DMCA Notice”

If you believe content on the Site infringes your copyright, submit a written DMCA notice to the Designated DMCA Agent containing all of the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
• Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved;
• Identification of the material claimed to be infringing, with sufficient detail (including URL or location on the Site) to allow us to locate it;
• Your contact information, including full legal name, mailing address, telephone number, and email address;
• 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;
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

Upon receipt of a complete DMCA notice, we will promptly review the notice and, if appropriate, remove or disable access to the allegedly infringing material. We will also make reasonable efforts to notify the user who posted the material.

4.10 DMCA Counter-Notification

If your content has been removed in response to a DMCA notice and you believe the removal was the result of mistake or misidentification, you may submit a counter-notification within fourteen (14) days of receiving notice of the takedown. The counter-notification must contain:

• Your physical or electronic signature;
• Identification of the material that has been removed and the location at which the material appeared before removal;
• A statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;
• Your name, mailing address, telephone number, and email address;
• A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, in Clark County, Nevada), and that you will accept service of process from the person who provided the original DMCA notice or that person’s agent.

Upon receipt of a complete counter-notification, we will forward it to the original complainant. If the complainant does not notify us within ten (10) to fourteen (14) business days that they have filed a lawsuit seeking a court order to restrain the alleged infringer, we may restore the removed material.

4.11 False Claims and Repeat Infringers

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake, may be liable for damages, including costs and attorneys’ fees. Submit notices and counter-notifications carefully.

It is our policy to terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers.

5. Purchases, Payments, and Pricing

The Site offers physical merchandise, recorded music on physical media, digital music downloads, and related goods (collectively, “Products”) for purchase. Orders are processed through WooCommerce and authorized third-party payment processors. By placing an order, you represent and warrant that:

• You are at least 18 years of age, or purchasing under the supervision of a parent or legal guardian who consents to be bound by these Terms;
• The payment information you provide is true, accurate, complete, and authorized for your use;
• You agree to pay all charges, including applicable taxes and shipping fees;
• Your purchase is for personal, non-commercial use and not for resale or unauthorized distribution.

All prices are listed in United States Dollars (USD) unless otherwise specified and are subject to change without notice. International customers may be charged in their local currency based on the exchange rate at time of purchase, as determined by their payment processor or card issuer. We use commercially reasonable efforts to display accurate pricing and product information but do not warrant that descriptions, pricing, photos, or other content is error-free. Product photographs are for illustrative purposes; actual products may vary slightly in color, finish, or design due to printing methods or manufacturing variations, particularly for print-on-demand and dropship items.

In the event of a pricing error, typographical error, or product description error, we reserve the right to cancel the affected order, refuse to fulfill the order, or contact you for instructions, even if the order has been confirmed and payment processed. If we cancel an order after payment, you will receive a full refund to the original payment method within five (5) to ten (10) business days.

We reserve the right to refuse, limit, or cancel any order for any lawful reason, including but not limited to product availability, suspected fraudulent activity, or suspected violation of these Terms.

6. Shipping, Fulfillment, and Beta Features

Physical merchandise is fulfilled through third-party providers including but not limited to Amazon Merch on Demand, AliExpress-based dropshipping partners, and Elastic Stage (for vinyl records). Shipping times, costs, and methods are determined by these third parties and may vary by destination and product type. Estimated delivery dates are not guaranteed. We are not liable for shipping delays, lost packages, damage during transit, or customs-related issues caused by carriers or third-party fulfillment providers. Risk of loss and title for Products pass to you upon delivery to the carrier.

Export Compliance: You agree to comply with all applicable U.S. and foreign export control laws and regulations. You represent that you are not located in, and are not a national or resident of, any country subject to U.S. trade sanctions or embargoes, and that you are not on any U.S. government list of prohibited or restricted parties.

Beta or New Features: From time to time, we may offer new Products, services, or website features in beta, preview, or limited-release form. These features are provided “as is” without any warranties whatsoever and may be modified, discontinued, or removed at any time without notice or liability.

Full shipping and returns details are set forth in our Returns & Shipping Policy.

7. Returns and Refunds

Our Returns & Shipping Policy is incorporated into these Terms by reference. In summary: returns are accepted only for unopened, sealed, defective physical items within thirty (30) days of delivery. Digital downloads, opened physical media, and made-to-order or print-on-demand items are non-refundable except where required by applicable law. Refunds, when approved, are processed within five (5) to ten (10) business days to the original payment method. Refer to the Returns & Shipping Policy page for complete details.

7.1 Chargebacks and Disputes

If you have an issue with an order, you agree to contact us at eatenbyclowns11@gmail.com before initiating a chargeback or payment dispute with your bank, card issuer, or payment provider. Initiating a chargeback without first attempting to resolve the issue with us, or filing a fraudulent chargeback for a Product you received and used, constitutes a material breach of these Terms. We reserve the right to: (a) provide chargeback documentation including delivery confirmation, IP logs, and communications to dispute the chargeback; (b) refer fraudulent chargebacks to collections or law enforcement; (c) ban your account and future orders; and (d) recover any chargeback fees, attorney costs, and other damages caused by an improper chargeback.

8. Newsletter, Marketing, and Electronic Communications Consent

By providing your email address and subscribing to the Stay Weird Letter or any other email list operated by Eaten By Clowns, you consent to receive marketing emails which may include release announcements, promotional offers, exclusive content opportunities, and related communications. Subscription requires double opt-in confirmation through Mailchimp. Every marketing email will identify Eaten By Clowns as the sender, will include the physical mailing address available upon request, and will contain a one-click unsubscribe link in compliance with the CAN-SPAM Act. You may unsubscribe at any time. Unsubscribing will not affect transactional communications related to active orders, account security, or legal notices.

By creating an account or placing an order, you consent to receive electronic communications from us, including transactional emails, account notifications, and legally required notices. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

9. User-Submitted Content

If you submit, post, or transmit any content to the Site or to Eaten By Clowns, including but not limited to product reviews, comments, contact form messages, social media tags, photographs, or other materials (“User Content”), you grant Eaten By Clowns a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform such User Content in any media now known or later developed for purposes related to our business, including marketing and promotion.

You represent and warrant that you own or have all necessary rights to grant this license, and that your User Content does not infringe any third party’s rights or violate any law. You waive any moral rights in your User Content to the extent permitted by law. We have the right (but no obligation) to remove or modify User Content for any reason.

10. User Conduct

You agree not to use the Site to:

• Violate any applicable local, state, federal, or international law or regulation;
• Infringe upon intellectual property rights, privacy rights, publicity rights, or other rights of any party;
• Submit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, obscene, hateful, racially or ethnically offensive, or otherwise objectionable;
• Transmit any viruses, worms, malware, Trojan horses, or other malicious code;
• Attempt to gain unauthorized access to any portion of the Site, servers, accounts, or networks;
• Interfere with, disrupt, or impose an unreasonable load on the Site or its infrastructure;
• Use any automated means, including bots, scrapers, crawlers, or AI/ML training systems, to access, collect, or harvest Content;
• Impersonate any person or entity or misrepresent your affiliation;
• Engage in any fraudulent activity, including unauthorized chargebacks or false damage claims;
• Use the Site to send unsolicited commercial communications.

We reserve the right, at our sole discretion, to investigate and take appropriate legal action, including removing offending content, suspending or terminating accounts, banning IP addresses, reporting violators to law enforcement, and pursuing civil remedies.

11. Third-Party Links and Services

The Site contains links to third-party websites, services, and resources, including but not limited to Spotify, Apple Music, Amazon Music, Bandcamp, YouTube, Instagram, Facebook, TikTok, Mailchimp, Amazon Merch on Demand, AliExpress, Elastic Stage, Linkfire, and various payment processors. These third-party services are not owned, controlled, or operated by Eaten By Clowns. We make no warranties and assume no liability for the availability, accuracy, content, products, services, practices, or privacy policies of any third party. Your interactions with third parties are solely between you and that third party.

12. Disclaimer of Warranties

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, EATEN BY CLOWNS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM EATEN BY CLOWNS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EATEN BY CLOWNS, ITS OWNER, AGENTS, EMPLOYEES, CONTRACTORS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your access to or use of, or inability to access or use, the Site;
• Any conduct or content of any third party on the Site;
• Any Content obtained from the Site;
• Unauthorized access, use, or alteration of your transmissions or content;
• The purchase, use, or inability to use any Product;
• Acts or omissions of third-party fulfillment providers or shipping carriers.

OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Nothing in these Terms shall limit liability for: (a) gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; (c) personal injury or death caused by negligence; or (d) any other liability that cannot be excluded or limited under applicable law.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless Eaten By Clowns, its owner, affiliates, agents, employees, contractors, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to (a) your violation of these Terms or applicable law; (b) your use or misuse of the Site or any Product; (c) your User Content; or (d) your violation of any third-party right, including intellectual property, privacy, or publicity rights.

15. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law principles. Except as set forth in Section 16 (Arbitration), you agree that any legal action shall be brought exclusively in the state or federal courts located in Clark County, Nevada, and you consent to the personal jurisdiction of such courts.

16. Dispute Resolution and Binding Arbitration

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS AND REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any Product (a “Dispute”) shall first be addressed through good-faith negotiation. Either party may initiate this process by sending a written Notice of Dispute. If the Dispute is not resolved within thirty (30) days of the Notice, either party may initiate binding individual arbitration.

Arbitration Rules

The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time of arbitration. The arbitration shall take place in Clark County, Nevada, or, at your election if you are a consumer, in the county in which you reside. If the value of the relief sought is $10,000 or less, the arbitration may be conducted by telephone, video conference, or based solely on written submissions, at your election.

Fees

The AAA’s filing, administrative, and arbitrator fees will be allocated as provided in the AAA Consumer Arbitration Rules. For consumer claims under $1,000, Eaten By Clowns will pay the AAA filing fee on your behalf if you cannot afford it. Each party shall bear its own attorneys’ fees and costs unless awarded by the arbitrator under applicable law.

Class Action Waiver

You and Eaten By Clowns agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You waive any right to a jury trial. The arbitrator may not consolidate more than one person’s claims.

Exceptions

Notwithstanding the foregoing: (a) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights; (b) either party may bring an individual action in small claims court; and (c) claims of unauthorized use, infringement, or violation of intellectual property rights are not subject to arbitration.

Opt-Out Right

You may opt out of the arbitration provisions of this section by sending written notice to eatenbyclowns11@gmail.com within thirty (30) days of first agreeing to these Terms. Your opt-out must include your name, mailing address, email used to access the Site, and a clear statement that you wish to opt out of arbitration.

If any portion of this Section 16 is found to be unenforceable, the remainder shall remain in effect, except that if the class action waiver is found unenforceable, this entire Section 16 shall be null and void, and the parties’ rights shall be determined under Section 15.

17. Force Majeure

We shall not be liable for any failure or delay in performance arising from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil disturbances, government actions, embargoes, labor disputes, strikes, fires, floods, earthquakes, power or telecommunications failures, internet service interruptions, third-party service provider failures (including Amazon, AliExpress, Mailchimp, Stripe, PayPal, shipping carriers, and other suppliers), or any other event of force majeure.

18. Suspension, Termination, and Survival

We reserve the right to suspend or terminate your access to the Site or your account, without prior notice or liability, for any reason, including suspected fraud, suspected violation of these Terms, or pending investigation. Suspension may be temporary; termination is permanent. Upon termination, your right to use the Site will cease immediately. We may, but are not obligated to, delete your account data upon termination, subject to legal retention requirements.

The following sections shall survive termination of these Terms: Section 3 (Intellectual Property), Section 4 (Copyright, Music Use, and DMCA), Section 7.1 (Chargebacks), Section 9 (User Content License), Section 12 (Disclaimers), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 15 (Governing Law), Section 16 (Arbitration), Section 20 (No Agency), Section 23 (Severability), and any other provision which by its nature should survive.

19. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days’ notice prior to any new terms taking effect by posting an updated version with a new “Last Updated” date and, where appropriate, by sending a notice via email or prominent Site banner. By continuing to access or use the Site after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Site.

20. No Agency, Partnership, or Beneficiaries

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, fiduciary, or employment relationship between you and Eaten By Clowns. You have no authority to bind Eaten By Clowns or incur any liability on its behalf. These Terms do not confer any rights on any third parties.

21. Notices

Any notice required or permitted to be given under these Terms shall be in writing and sent by email to eatenbyclowns11@gmail.com, with a copy by certified U.S. mail (for legal disputes) to: Eaten By Clowns, Las Vegas, Nevada (specific mailing address available upon written request). Notices shall be deemed received the next business day after sending.

22. California Resident Notice

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: if you have a question or complaint regarding the Site, please contact us at eatenbyclowns11@gmail.com. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

23. Severability, Waiver, and Construction

Severability: If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect. If a court determines that any provision cannot be enforced as written, the parties agree the court shall modify the provision to make it enforceable while preserving the parties’ original intent to the maximum extent possible (the “blue pencil” doctrine).

Waiver: No waiver of any term shall be deemed a continuing waiver of such term or any other term. The failure of Eaten By Clowns to assert any right under these Terms shall not constitute a waiver of such right.

Construction: Section headings are for convenience only and shall not affect interpretation. The words “include,” “includes,” and “including” shall be deemed followed by “without limitation.” Any ambiguity shall not be construed against the drafter.

24. Promotions and Sweepstakes

Any contests, sweepstakes, giveaways, or other promotions (“Promotions”) made available through the Site may be governed by separate rules. To the extent any Promotion rules conflict with these Terms, the Promotion rules will govern. By participating in any Promotion, you agree to be bound by its rules.

25. Assignment and Successors

You may not assign, transfer, or sublicense these Terms or any rights granted herein without our prior written consent. Any attempted assignment in violation of this section is void. We may assign or transfer these Terms, in whole or in part, at any time without notice. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

26. Entire Agreement

These Terms, together with our Privacy Policy and Returns & Shipping Policy, constitute the entire agreement between you and Eaten By Clowns regarding the Site and supersede all prior or contemporaneous agreements, understandings, negotiations, representations, or communications, whether oral or written, regarding the subject matter herein. No promises, representations, or warranties not expressly contained in these Terms shall be binding on either party.

27. Contact Information

For questions about these Terms, please contact us at:

Eaten By Clowns
Las Vegas, Nevada
Email: eatenbyclowns11@gmail.com