TERMS OF USE AND CONDITIONS
Welcome to the official website of Eaten By Clowns. These Terms of Use and Conditions (“Terms”) govern your use of the Eaten By Clowns website (“Site”). Please read the terms in full before using our Site. By accepting these Terms or by using our Site, you agree to be legally bound by these Terms, our Privacy Policy, and any other underlying agreements or terms. If you do not agree to these terms, please do not use our Site. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made. We do occasionally update these terms, so please refer to them periodically.
Access to Site
You will be able to access our Site without having to register any details with us. However, if you elect not to accept a tracking cookie, you may not have the optimal website experience.
Use of Site
Our Site, including but not limited to images, data, text, audio, videos, photographs, custom graphics, logos, button icons, descriptions, and all other material provided, as well as the collection, compilation, and assembly thereof, are the exclusive property of Eaten By Clowns and are protected by U.S. and international copyright laws.
The contents of our Site may be used for informational, entertainment, and retail purchase purposes only. Any other use of such content, including reproduction, modification, distribution, transmission, republication, display, or performance of the contents without our prior written consent is expressly forbidden.
Intellectual Property
All trademarks, service marks, and logos appearing on our Site are the property of Eaten By Clowns or their respective owners. Any product names or logos not explicitly marked with a trademark notice (™ or ®) or copyright notice (© or (P)) do not constitute a waiver of any and all intellectual property rights we have established in any of our products, features, service names, or logos.
You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute any content from our Site for commercial profit or gain. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity.
User Conduct
When using our Site, you shall not post or send content that:
- Infringes the rights of others, including but not limited to copyright, trademark, or privacy rights.
- Is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, or otherwise unlawful in any jurisdiction.
- Contains harmful materials like computer viruses, Trojan horses, corrupted data, or any other potentially harmful software or data.
We will fully cooperate with law enforcement authorities or court orders requiring us to disclose the identity or other details of any person posting materials to our Site in violation of this section.
You shall not use our Site in a manner that could distract you from important tasks or diminish safety, such as when operating a motor vehicle. Use our Site responsibly and safely.
Links to and from Third-Party Websites
Any links furnished on our Site may lead to third-party websites. These third-party websites are not under our control, and we disclaim any responsibility for their content. The inclusion of any link on our Site does not imply endorsement by us.
If you wish to link to our Site, you may only do so on the condition that:
- You do not imply that we endorse any services or products unless this has been explicitly agreed upon.
- You do not misrepresent your relationship with us or provide false information.
- Your website does not contain offensive, controversial, or illegal content.
If you choose to link to our Site in breach of these terms, you agree to indemnify us for any resulting loss or damage.
Disclaimers
All information on our Site is provided for informational and entertainment purposes only. We make no warranties, express or implied, regarding the accuracy, completeness, or usefulness of any information provided on the Site. We disclaim any responsibility or liability for any adverse consequences arising from the use of the Site or reliance on the information provided.
Limitation of Liability
YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. Eaten By Clowns and its affiliates will not be held responsible for any direct, indirect, incidental, consequential, special, or punitive damages arising from your use or inability to use the Site, the products, or services provided. This includes any damages resulting from mistakes, omissions, interruptions, deletions, or any failure in performance.
Indemnification
You agree to defend, indemnify, and hold harmless Eaten By Clowns, its affiliated businesses, officers, directors, employees, agents, licensors, and suppliers from any claims, actions, or demands, including reasonable legal fees, resulting from your use of the Site or your violation of these Terms.
Assignment
These Terms, along with any rights and licenses granted, may not be transferred or assigned by you.
Applicable Law
These Terms and all disputes arising from your use of the Site are governed by the laws of the State of California, United States. Any legal action related to the Terms must be filed within one year of the claim arising.
Dispute Resolution & Arbitration
In the event of any dispute, you agree to attempt to resolve the issue amicably. If resolution cannot be reached, disputes shall be submitted to binding arbitration under the American Arbitration Association in California. You agree to waive your right to a jury trial.
General
These Terms, along with the Privacy Policy and any other legal notices published by us on the Site, shall constitute the entire agreement between us concerning the use of the Site. If any provision of these Terms is deemed invalid by a court, the invalidity of such provision shall not affect the remaining provisions, which shall remain in effect.
Changes to Terms of Use
We reserve the right to amend or update these Terms at any time without notice. By continuing to use the Site after such modifications, you agree to the new Terms.