Terms and Conditions – Bizarre Los Angeles

WEBSITE TERMS AND CONDITIONS OF USE

These terms of use apply to the use, access, and availability of our website www.bizarrela.com (the “Website”). Our privacy policy sets out how we use data relating to you. These terms were last updated in December 2023

ABOUT THE WEBSITE AND THESE TERMS OF USE

1.1 The Website is owned and operated by Sad Hill LLC.

1.2 These terms of use apply to all use of the Website and form a legal agreement between you and us.

1.3 By using the Website (and each time you do so) you are telling us that you understand, accept, and can understand and accept these terms of use (including any terms and conditions incorporated into or referred to by these terms of use), and that you agree to be bound by them.

1.4 We may make alterations to these terms of use from time to time and these variations shall become effective immediately upon being accessible from this webpage.

1.5 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

1.6 These terms do not cover the purchase of goods via the third-party links on the Website. Such purchases are subject to the terms of sale of those third parties.

RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

2.1 You can use the Website solely for browsing and reading information about Bizarre Los Angeles, Craig Owens, and Haunted by History as well as posting messages and content on our blog posts. You can also sign up for our mailing list to receive information relating to Bizarre Los Angeles news, tour dates, merchandise, and pre-sales.

2.2 Subject to these terms of use and your compliance with them, we grant you a non-exclusive, non-transferable, personal, limited license to access and use the Website solely for your private, non-commercial, personal use only.

2.3 This license includes the limited right to download content, materials, data, and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of the Website. You may not transfer, sub-license, or deal in this right without our prior written permission.

2.4 Unless otherwise specified, all copyright, design rights, database rights, patent rights, trademark and trade dress rights, and other intellectual property rights in the Website belong to and vest in us or are licensed to us.

2.5 All our intellectual property rights are at this moment asserted and reserved.

2.6 All third-party trade names and trademarks are the property of their respective owners and we make no warranty or representation about them.

RESTRICTIONS AND OBLIGATIONS

3.1 You agree to comply with these terms of use and all rules applicable to the use of the Website.

3.2 You will not:

3.2.1 hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer, or create derivative works of the Website or any part of it;

3.2.2 remove, disable, modify, add to, or tamper with any program code or data, copyright, trademark, or other proprietary notices and legends contained on or in the Website;

3.2.3 create software that mimics any data or functionality in the Website;

3.2.4 use or deal in the Website except as permitted by these terms and conditions;

3.2.5 use your access to the Website, or information gathered from it, for the sending of unsolicited bulk email;

3.2.6 make any public, business, or commercial use of the Website or any part of it;

3.2.7 provide hypertext links, URL Links, graphic links, hyperlinks, or other direct connections for profit or gain to the Website without our prior written permission;

3.2.8 make the Website or any part of it available to any third party (please note this doesn’t stop you from fairly and honestly providing links to our Website or showing it to other people);

3.2.9 display, publish, copy, print, post, or otherwise use the Website and the information contained therein for the benefit of any third party or website;

3.2.10 use or process the Website or any part of it unfairly or for any illegal or immoral purpose;

3.2.11 delete or obscure any copyright or other proprietary notice on the Website

3.2.12 gain unauthorized access to any part of the Website;

3.2.13 copy or exploit any part of the Website or the content it contains; or

3.2.14 attempt to do any of the acts listed above.

PERSONAL INFORMATION (SUCH AS YOUR NAME, ADDRESS, AND EMAIL ADDRESS)

4.1 You acknowledge and agree that, if necessary, we will communicate with you via the email address you have provided to us.

4.2 Notices that apply to all of our users may be made available on the Website. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Website.

YOUR ACCOUNT

5.1 To use and access certain features of the Website (such as the store, make a Patreon pledge, or a tour), you may need to set up an account.

5.2 Your username and password are personal to you and you should not share it or disclose it to any third party without our prior written permission.

5.3 You agree that:

5.3.1 you will ensure that the information we hold about you is accurate and up to date;

5.3.2 you are solely responsible for maintaining the confidentiality of your account details;

5.3.3 you are solely liable for any use of the Website using your account;

5.3.4 all user information you supply is accurate and truthful about you, and you shall not set up an imposter or fake account for any other person

COMPETITIONS

7.1. From time to time, we may run competitions on the Website (each a “Competition”). Full details of each Competition will be set out on a page on the Website (such a page being a “Competition Information Page”). These terms apply to any Competitions, in addition to any terms set out or incorporated in the Competition Information Page. In case of a conflict, the terms set out on the Competition Information Page shall prevail.

7.2. Eligibility. To make a valid entry into a Competition, you must:

7.2.1. be at least eighteen (18) years old, or if you are younger, have the consent of your parent or guardian to enter;

7.2.2. be a legal resident of, and physically located (at the time of entry) in, the United States or another jurisdiction where participation in Competitions of that nature on these terms is lawful;

7.2.3. unless otherwise stated, enter as an individual only, not as part of a syndicate, group, or agency;

7.2.4. not be an employee, officer, contractor, consultant and other personnel of Sad Hill LLC or otherwise directly or indirectly connected with the administration of the Competition; and

7.2.5. meet any other criteria set out in the Competition Information Page;

7.3. You may not participate in a Competition unless you meet the eligibility requirements set forth above.

7.4. How to enter. To enter a Competition, during the promotion period displayed on the Competition Information Page (“Promotion Period”), you shall be required to follow the steps set out in the Competition Information Page. Entries are strictly limited to one entry per person.

7.5. Winner selection. Following the expiry of the Promotion Period, the winner (or winners if there are multiple Prizes) shall be selected by us as follows (unless anything to the contrary is set out on the Competition Information Page):

7.5.1. Where the Competition asks you to answer a question, we will randomly select the winner(s) using computer software from all valid entries that answer the question correctly. The odds of winning are dependent on the number of entries.

7.5.2. Where the Competition asks you to submit a piece of content (including without limitation any artwork) (“Content Submissions”), we will select the winners using an independent judge or panel.

The winner(s) will be notified via email within the time specified on the Competition Information Page and we may ask for identification to verify your identity and eligibility. You must ensure that you check your email to avoid missing the notification as we shall not be liable if any notification is not received by a winning entrant in such circumstances. Our decisions relating to the Competition shall be final and binding in all respects; no correspondence will be entered into.

7.6. Copyright ownership. Unless otherwise specified by the Competition Information Page, you retain all of your ownership rights in your Content Submission, but you agree to grant us a non-exclusive, worldwide, irrevocable license, for the full period of any intellectual property rights in the Content Submission and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-license the competition entry and any accompanying materials for marketing and promotional purposes and in connection with the Competition.

7.7. Prizes. The prizes awarded to the winner(s) of the Competition will be set out on the Competition Information Page before entry (the “Prizes”). The Prizes are non-negotiable nor can they be exchanged for alternatives. The Prizes are non-transferable, except at our sole discretion.

7.8. Disqualification. You shall be disqualified from entering a Competition, and, if you have won a Prize we may withdraw the same, or recover it from you if it has already been given if a) you breach any of these terms or any other terms relating to the Competition; b) you provide incorrect, incomplete or outdated information about the entry; or c) you commit any kind of fraud, dishonesty, deceit, misconduct or similar action in respect of the Competition. We may also disqualify any individual who we believe that participation in the Competition may cause harm to our reputation and/or bring us into disrepute and/or otherwise cause any negative press coverage (including on social media).

7.9. Cancellation. In our reasonable discretion, we shall be entitled to cancel, delay, and recommence the Competition with immediate effect by online announcement without any liability.

7.10. Publicity. Please see our privacy policy regarding publicity relating to Competitions.

8.1. We have taken all reasonable steps to ensure that the material made available to you on the Website has been cleared for use. However, if you believe that there is material on the Website which you have certain intellectual property rights and to which you have not granted permission to be used, then you should notify us by this clause.

8.2. A notice of alleged copyright infringement should be sent by email to jcraigowens@gmail.com

8.3. Your notification of claimed copyright infringement must include the following information:

8.3.1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed.

8.3.2. Specific identification of each copyrighted work claimed to have been infringed so that we may identify the work on the Website.

8.3.3. A description of where the material believed to be infringed is located on the Website including a URL to help us identify the material you are alleging is infringed.

8.3.4. Your contact information, including your complete name, address, telephone number, and email address so that we may contact you in respect of your claim.

8.3.5. A statement that the complaining party has a good faith belief that the use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law.

8.3.6. A statement that the information in the notification is accurate, (and that we can rely on such statement in a court of law), that the complaining party is authorized to act on behalf of the owner of an exclusive right that is alleged.

9. TRADEMARKS

9.1. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of ours and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the written permission of such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these terms, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

10. LIABILITY

10.1. We provide and maintain the Website for personal non-commercial use on an “as is” basis and are liable only to provide our services with reasonable skill and care.

10.2. External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third-party websites and online services other than the Website.

10.3. We give no other warranty in connection with the Website and to the maximum extent permitted by law, we exclude liability for:

10.3.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive, or consequential loss whether or not that loss arises out of something of which we have been made aware;

10.3.2. the accuracy, currency, or validity of information and material contained within the Website;

10.3.3. any interruptions to or delays in updating the Website;

10.3.4. any incorrect information on the Website;

10.3.5. the infringement by any other person of any copyright or other intellectual property rights of any third party through any use of the Website;

10.3.6. the availability, quality, content, or nature of External Sites;

10.3.7. any transaction involving External Sites;

10.3.8. any transaction with a third-party retailer taking place on the Website;

10.3.9. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data, or other property caused by persons accessing, using, or downloading the Website or part thereof; and

10.3.10. all representations, warranties, conditions, and other terms and conditions which but for this notice would have effect.

10.4. We do not warrant that the operation of the Website will be uninterrupted or error-free.

10.5. We will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond our reasonable control including Internet outages, communications outages, fire, flood, war, or act of God.

10.6. Except as provided above there are no other warranties, conditions, or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

10.7. You agree not to use the Website in any way which is:

10.7.1. unlawful;

10.7.2. may give rise to civil or criminal liability for us; or

10.7.3. which might call us or the Website into disrepute.

TERMINATION

Without limiting any other rights we may have, we may remove, restrict, cancel or suspend access to and use of the Website and any part of it, if we consider (in our sole discretion) that you have breached any of these terms of use.

GENERAL

12.1. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit our liability for death or personal injury resulting from our negligence or any fraudulent representation.

12.2. These terms of use and the terms referred to herein, including the Forum Guidelines, constitute the entire agreement between you and us relating to your use of the Website, to the exclusion of any other terms.

12.3. Failure to enforce any of these terms of use will not be deemed a waiver of that term or right.

12.4. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

12.5. To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Website and these terms are subject to English law. If English law cannot apply in the country you obtained or use the Website local law will apply. The Website is intended for use and may only be used in countries where all such use is lawful.

12.6. We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Website (including non-contractual disputes or claims). Notwithstanding the foregoing, nothing in these terms of use will limit or exclude your applicable mandatory consumer rights which cannot be limited or excluded under applicable law.

12.7. We will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Website.

All questions, comments, or inquiries should be directed to us by email at jcraigowens@gmail.com.