Last Updated May 1, 2021
A. About Us:
BY ACCESSING OUR SERVICES YOU ARE ACCEPTING THESE TERMS AND ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS, AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU HAD SIGNED THESE TERMS.
1. Service Conditions. You may use our Services ONLY IF you are at least 18 years of age and submit certain requested information to us. If you are not 18 years of age or older, YOU CANNOT USE OUR SERVICES IN ANY WAY. By accessing our Website and accepting these Terms, you represent and warrant to us that: (a) you are eighteen (18) years of age or older; (b) you have the right, authority and capacity to agree to, and abide by these Terms; (c) you are not currently restricted from using our Services, and are not otherwise prohibited from having an Account; (d) you are not using our Services to compete with us, as determined by us; and (e) you will not violate any rights of ours or a third party, including intellectual property rights such as copyright or trademark rights.
2. Duration of License to Access Services. Your use and access to our Website and the Content hereon constitutes a personal, non-transferable, non-assignable, revocable, limited and temporary license to use our Website subject to these Terms (your “License”). Your limited License to use our Website is ongoing and continues until you cease using our Website, as determined by us in our sole discretion, or until your License or ability to use our Website is terminated or restricted by us.
3. User Account.
(a) We may require you to create an Account in order to access and/or provide you with certain Services. If you choose to create an Account with us, then you agree to provide true, accurate, current and complete information about yourself as prompted by our registration form, and to maintain and promptly update the information you provide to us in order to keep your Account true, accurate, current and complete. It is your obligation to maintain and control passwords to your Account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any unauthorized uses of your username and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your security obligations.
4. Content on Our Services.
(a) By Us. All Posts and Content on our Services, or obtained from a Linked Site (defined below) are provided to you “AS IS”. We are happy that you use our Services and Post Content. However, we expressly disclaim all liability related to the accuracy or reliability of any opinion, advice, or Content on our Services or reliance on any of the aforementioned. The information, items, or descriptions of products or information published through our Services may include inaccuracies or typographical errors. We do not warrant or represent that the content available through our Services is complete or up-to-date.
(b) Linked Sites. Our Services may link to other sites by allowing you to leave our Services to access third-party material or by bringing third-party material into our Services via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the Content on a Linked Site. The fact that we have provided a link to a site is not necessarily an endorsement or affiliation with respect to such Linked Site, its owners, or its providers.
(c) Posted by You.
(i) You are solely responsible for and retain all rights in the Content that you Post on, by, or through our Services or otherwise transmit to other Users. However, you also agree that by Posting Content anywhere within, on or using our Services, you automatically grant to us an irrevocable and perpetual non-exclusive royalty-free license to use, copy, and distribute such Content in any way and to prepare derivative or collaborative works of such Content of any kind, as well as authorize us to sublicense any of the aforementioned Content. You further agree that we have the right to promote any Content through Social Media Pages, as determined by us in our sole discretion.
(ii) You represent and warrant that (A) you own or otherwise possess all necessary rights with respect to the Content Posted by you, (B) such Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and (C) such Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
(iii) You agree that we may but are not obligated to: (A) filter any Posted Content including but not limited to, deleting or replacing expletives or other harmful or offensive language, (B) refuse to display any Posted Content and/or (C) disclose any Posted Content and the circumstances surrounding the use thereof, to any third party in order to (1) provide the applicable products or services to enforce these Terms, or (2) to comply with legal obligations or governmental requests. You agree may remove Posted Content from our Services for any reason or no reason, as determined by us; however, we have no obligation to remove Posted Content in response to User reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any Posted Content from our Services.
(d) Posted by Users or Others. We do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through our Services, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any items or service obtained from a Linked Site. There are risks involved with relying on information on our Services, and you expressly assume those risks when using our Services. Under no circumstance will we be liable for any loss or damage caused by your reliance on any Postings, Content, items, other information, or services obtained through our Services or a Linked Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other Content available through our Services.
(e) Intellectual Property
(i) The trademarks, logos, website marks including the name ‘Ergus Enterprises LLC’, graphics and other Content on our Website and/or used by us (“Marks”) are property of Ergus Enterprises LLC and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as keywords or metatags on other pages or websites on the Internet without the written permission of Ergus Enterprises LLC or such third party which may own the Marks. All information and Content located on our Services is protected by copyright and your access to such information on our Services is strictly permitted through the License granted to you under these Terms. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through our Services without our prior written permission, or in the case of third party materials, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.
(ii) Ownership Rights. The Products (defined below) and/or our Services may result in the creation of or contain intellectual property (the “Works”). Unless stated in a writing signed by us, we shall be the sole and exclusive owner of all right, title, and interest in and to (including but not limited to the whole or part of any: copyrights, copyright renewals, trade secret rights, trademark rights, moral rights and all other intellectual and other property rights of any sort throughout the world), to Works and all other work-products created by us relating to the Services. Further, each User hereby assigns, transfers, and conveys to us, irrevocably, in perpetuity, and throughout the universe, all rights, title, and interest, including but not limited to all rights of copyrights, copyright renewals, trade secret rights, trademark rights, moral rights and all other intellectual and other property rights of any sort throughout the world, such User has or may have in and to the Works, including, without limitation, the right to use, display, publish, perform, record, copy, broadcast, transmit, distribute, augment, subtract from, modify, distort, translate, transfer, combine with other information or materials, create derivative works based on, sell, exploit for any purpose, and to secure registrations, renewals, reissues, and extensions thereof. Each user hereby agrees to perform upon our request such further acts as may be necessary or desirable to transfer, register, perfect and defend our ownership of Works.
(iii) Infringement Claims. We respect the intellectual property rights of others. If you believe that the Content and/or the materials on our Services violate the Digital Millennium Copyright Act of 1998 (the “DCMA”) or are infringing upon another’s copyright, trademark or other intellectual property, you may send a written notice to us at email@example.com containing the following information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (C) a description of where the material that you claim is infringing is located on or available through our Services; (D) your address, telephone number, and email address; (E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (F) and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
5. Donations. We accept monetary contributions and non-monetary contributions from Users and third parties who support our mission (“Donation(s)”). We are a for-profit business and are not exempt under Internal Revenue Code 501(c)(3) and do not have any state or federal tax-exempt status. Therefore, you understand and agree that you are responsible for proper payment of all taxes in connection with your Donations, if any. To determine tax deductibility of any Donation, please contact a tax professional. Furthermore, if you use a credit card or debit card to make a Donation only the authorized credit card holder may donate to us. A third party may not use a User’s card information or enter Donations on behalf of a User (this practice is known as ‘credit card laundering’ and violates Visa and MasterCard usage agreements). You expressly agree that we shall have no liability regarding the consequences, tax or otherwise, of your Donations.
6. Tickets and other Products. From time to time we may offer for sale certain items including but not limited to graphic flyers, t-shirts, wrist-bands, and other memorabilia and other promotional products (collectively, “Products”). Also as a part of our Services, we may provide a venue for Users to purchase or obtain concert, party, event, or venue admission tickets (a “Ticket”, and collectively together with Products, “Items”). We act as the agent to those who provide events, such as venues, artists, and other representatives (collectively a “Provider”), or a reseller who is not the Provider. When you purchase a Ticket for an event that is located in the United States, then we will be handling the transaction and collecting the Fee (defined below). All terms and conditions relating to an event and the Ticket corresponding to that event are determined by the Provider, in the Provider’s sole discretion. Occasionally, events are canceled or postponed. Should this occur, the Provider shall determine whether or not to provide you with a refund, but we shall have no obligation to provide you with a refund of any Fee (defined below) you paid to us for the Ticket. If we are the Provider of an event, we shall determine whether or not to provide you with a refund if an event is canceled or postponed, but we shall not be obligated to provide you with a refund or credit of any Fee (defined below) paid to us in connection with the Ticket to such event. Tickets to events where we are the Provider may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us, provided that even if such consent is obtained, any use of our trademarks and other intellectual property is subject to our written consent.
7. Shipping. Products will be shipped using a carrier selected by us (i.e. ‘The UPS Store’, ‘Fed-EX’, et cetera), as determined by us in our sole discretion. All shipment of Items shall be FOB ORIGIN. For purposes of these Terms, FOB ORIGIN shall be construed in accordance with this Section. Ergus Enterprises LLC shall have no further responsibility for the Items, and all risk of damage or loss or delay of the Items shall pass to you, upon their delivery at the FOB ORIGIN point. The FOB ORIGIN point is Las Vegas, Nevada, or our place of business applicable to the then current Item purchase, as determined by Ergus Enterprises LLC in our sole discretion. YOU UNDERSTAND AND AGREE THAT THIS MEANS once we give an Item to the carrier we selected for shipment to you, our liability relating to the Item ends the carrier’s terms and conditions apply to the shipment and delivery of the Item. In the event an Item is lost or damaged, you agree to: make a claim with the carrier we selected, notify us, and provide us with any information we may request relating thereto. Ergus Enterprises LLC reserves all rights with respect to any delivered Item permitted by applicable law, including but not limited to the rights of rescission, repossession, resale and stoppage in transit until the full amount due for the Item has been paid to us. Legal ownership title to an Item shall be retained by Ergus Enterprises LLC until you shall have paid the respective Item’s purchase price in full.
8. Fees and Payment. We charge fees for Items and Services that you purchase from us (“Fee(s)”). You agree to pay us the applicable Fees as determined by us, and you authorize us to charge your chosen payment method in connection therewith. In connection with any Fees paid by you, whether you pay any such funds to us via credit card or otherwise, you agree: (i) to only provide valid and current payment information; (ii) that we may use the tools, software or services of our payment processors to process transactions on our behalf; and (iii) that you agree to promptly pay all amounts due upon demand. We are not responsible or liable for any activities or conduct of our payment processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of our payment processor. All Fees shall be paid in US Dollars.
9. Returns, Exchanges, and Refunds. Services and Items are sold ‘AS IS’ and we expressly disclaim any and all warranties of any and every kind whatsoever, as described in these Terms. You understand and agree that we offer no refunds for Services performed or Items purchased for any reason whatsoever. You also agree that we do not have the obligation to exchange Items purchased from us or to accept returns of Items. However, notwithstanding the preceding sentence, we do not have an obligation to, but reserve the right to accept a return or exchange, or provide a Ergus Enterprises LLC credit to you relating to a Item or Services performed by us, if we, in our sole, absolute, and complete discretion determine that such action is necessary or desirable (e.g. wrong size, damaged in transit by carrier, et cetera).
10. Termination, Restriction and Suspension of Account or License.
(a) Termination. You have the right to terminate your License to use our Services and/or your Account at anytime and for any reason by notifying us in writing (email to firstname.lastname@example.org is acceptable). Such termination and removal of your Account will be effective within a commercially reasonable time after we receive notification of your desire to terminate your Account with us, and any outstanding Fees, if any, are settled. We retain the right to terminate, restrict, kick, or suspend your Account and/or your License to use or access our Services at any time in our absolute and sole discretion, without prior notice, for any reason or no reason. Should we elect to take any of the aforementioned actions, your License and/or your Account shall automatically be revoked. Failure to comply with these Terms or any of our Policies constitutes a breach of these Terms which may result us kicking, restricting, suspending, or terminating your Account and/or your License to use our Services. Failure to address any said breach caused by you or another party does not waive our right to act on similar breaches.
(b) After Termination. Upon termination of your License for any reason, you agree not to browse, use, or otherwise access our Services in any way. You agree that we may take any measures we deem necessary to prevent you from using our Services, including by blocking your IP address. You agree that after termination of your License, we are not obliged to retain or provide to you any Content or personally identifying information which was collected by us, but we may elect to do so in our sole discretion.
11. Use Restrictions. Our Services are intended to be used only for lawful purposes. You may not use or plan, encourage or help others to use our Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. It is your responsibility to ensure that your use of our Services complies with these Terms. In using our Services, you agree at all times that you shall not in connection with using our Services: (a) copy, distribute, or modify any part of our Services without our prior written authorization; (b) Post inappropriate, inaccurate, false, misleading, or objectionable Content to our Services; (c) transmit any Content which contains software viruses, or other harmful computer code, files or programs; (d) Post Content that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (e) make threats or use profanity; (f) harass, stalk or intimidate other Users; (g) manipulate or exclude identifiers in order to disguise the origin of any Content; (h) Post personally identifying information about yourself or other others to us or on our Services (if you Post this information about you or others, it will be public information and we are not responsible for how others may use it); (i) disrupt the networks connected to our Services, including but not limited to by: attempting to probe, scan or test the vulnerability of our Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with our Services or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (j) circumvent, disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of our Services; (k) collect Content, personally identifying information, and/or other information from our Services, or otherwise access our Services, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without our prior written approval which we may withhold in our discretion, (l) use any communications systems provided by our Services to send unsolicited or unauthorized commercial communications, including but not limited to by email, SMS, MMS, or any other means; (m) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on our Services; (n) mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to payment information that you provide to us; (o) ‘frame’ or ‘mirror’ any part of the Website without our prior consent; or (p) use our Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.
12. Dispute Resolution. In the event that any dispute arises with respect to our Services, Terms, or any of our Policies, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Clark County, Nevada, and at our option, such arbitration shall be before a single arbitrator selected in our sole and absolute discretion. In the event we elect not to require that a dispute arising with respect to our Services, Terms, or any of our Policies be submitted to binding arbitration as described above, any such dispute shall nevertheless be litigated in the State courts located in Clark County, Nevada or in the Federal U.S. District Court for the District of Nevada, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of our Services. By using our Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in Clark County, Nevada or in the Federal U.S. District Court for the District of Nevada as the case may be, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. DISCLAIMER; WAIVER OF CLAIMS.
(a) THIS WEBSITE, ITEMS, AND/OR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Ergus Enterprises LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, QUIET ENJOYMENT, SECURITY, AND ACCURACY WITH RESPECT TO THE WEBSITE, SERVICES, AND ITEMS. Ergus Enterprises LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Ergus Enterprises LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION, ITEMS, CONTENT, OR MATERIALS ON THIS WEBSITE OR AVAILABLE THROUGH OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
(b) Waiver of Claims. To the maximum extent permitted by applicable law, Users and any Recipient hereby release and waive all claims, actions, demands, suits, or proceedings (“Claims”) against us and our officers, employees, independent contractors, representatives, and agents, including any and all liability for damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to: (I) THE SERVICES OR Items sold or offered for sale by us, (Ii) any inaccuracy, untimeliness or incompleteness of a CLIENT’s representations OR WARRANTIES; and/or (III) any inaccuracy, untimeliness, or incompleteness of information and/OR CONTENT obtained or accessed by or through our Services. FURTHER, if applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
17. Communication By Us. Ergus Enterprises LLC utilizes email as a vital and primary communication channel with Users. Users hereby acknowledge and grant Ergus Enterprises LLC the permission to communicate with Users via email or other method we may determine for any reason Ergus Enterprises LLC determines to be relevant. Ergus Enterprises LLC will use best efforts to honor a User’s request to opt out of marketing messages, but under no circumstances will we be liability for sending any emails to Users.
18. Severability. The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of this Agreement. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect.
19. Compliance. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of our Services.
20. Entire Agreement; Modification. These Terms together with our Polices any other document referenced herein, constitute the entire understanding between Ergus Enterprises LLC and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on our Website. You agree that your use of our Services after such notification will constitute acceptance by you of such changes to our Terms.
21. Feedback. Please send your comments, concerns, or questions to: email@example.com While we encourage you to provide feedback, comments and questions, it is possible that we may not be able to respond to all feedback we receive.