TERMS OF USE!

Lord Friday the 13th, LLC

Terms of Use Agreement – LF13

 

Last Revised on November 13, 2020

This Terms of Use Agreement (“ToU”) is made between Lord Friday the 13th, LLC doing (“LF13,” “we,” “us” or ”our”) and you, the individual choosing to use our online services (“you” or the “user”). 

Please note that our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect the way in which your personal information is stored, accessed and processed and as such you should read our Privacy Policy in addition to this ToU. 

Services this ToU Covers

LF13 is a band that offers music and merchandise for fans. This ToU applies to our online services including our website www.lordfridaythe13th.com, social media accounts and any future online services we develop. 

Services This ToU Doesn’t Cover

We love supporting our partners and to show our appreciation we occasionally link to their websites and services. When you click on one of these links, you are leaving LF13, and this ToU no longer applies. The way our partners or other third-parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service that we link to. It is also important to note that all of our merchandise purchases are hosted through the Big Cartel platform and our Fan Club is hosted through Patreon. When purchasing merchandise or signing up for our Fan Club, you will be subject to Big Cartel and Patreon’s service policies which can be accessed here:  https://help.bigcartel.com/topic/legal and https://www.patreon.com/policy. Additionally, when you are using any other third party platform to interact with our goods or services such as Spotify, Apple Music, YouTube, Bandcamp, Instagram, or Facebook, you agree to their services policies, and this ToU in addition, not in lieu of such agreements.

Acceptance of ToU

We know these ToU’s can be tedious to get through. However, by accessing our online services, purchasing merchandise products, signing up to our Fan Club or engaging in our services it is implied that you agree to comply and be legally bound by the terms set out in this agreement and our Privacy Policy, which is why you really should stick it out and read the whole thing. 

 

Changes to Terms

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. If we make a change to any terms that we believe in our discretion materially affects the way our services apply to you, we will notify you in advance. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our services after a change has occurred, you agree to be bound by our updated ToU. 

Conditions Before You Access Our Services

Our services are not targeted or intended to be used by people under the age of 13 and all children between the ages of 13 and 16 must have permission from their parent or guardian before accessing our online services, purchasing merchandise and signing up for our Fan Club. You also must be authorized to use our services and enter into this ToU if you are acting on behalf of a company.  

User Accounts

Simply here to browse our website? Go right ahead – no account or personal information is needed! However, if you wish to purchase merchandise, sign up for our Fan Club or interact with our services hosted by another third-party, you will be required to provide personal information and, in some cases, create an account (for example our Fan Club is run through Patreon, so you will need a Patreon account). Any personal information that we personally receive will be treated in accordance with our Privacy Policy. 

Pricing, Promotions and Billing

All pricing and promotional offers for our merchandise and Fan Club are subject to taxes and are subject to change at any time. As such, prices advertised are not guaranteed until a purchase has been processed and you have received a confirmation receipt. Promotions cannot be combined with any other offer and are limited to one per person. We only use PCI compliant systems to process credit card transactions; this means we never personally see your credit card information. 

Availability

While we always try to ensure that we have availability of merchandise at the time of your purchase, unfortunately we cannot guarantee that a particular product will always be in stock. If after purchase, it comes to our attention that we are out of stock for a particular item, we will reach out and arrange either a refund or credit towards another merchandise item.

Refunds & Cancellations of Memberships

If you are not 100% satisfied with your merchandise purchase or the product is damaged, you can return the product and get a full refund or credit towards another product. You can return a product for up to 14 calendar days from the date you purchased it by reaching out to us via email at lordfridaythe13th@gmail.com. Any product your return must be in the same condition you received it and with all tags (if any) attached. All memberships to our Fan Club are non-refundable once the monthly or annual payment has been made. However, you can cancel your membership at any time before the next monthly or annual billing cycle occurs in accordance with Patreon’s terms of service. We will be sad to see you go! 


Suspension and Termination of Your Accounts

  • Involuntary Suspension or Termination of Your Account

LF13 will make best efforts to notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior that we believe is in violation. However, we reserve the right to suspend or terminate your Patreon account, prevent access to our online services, and/or refuse to provide you with future LF13 services at any time without notice.

 

  • Voluntary Termination of Your Account or Membership

You are free to voluntarily delete your Pateron account or cancel your Fan Club membership at any time through Patreon. Deleting your account or cancelling your membership will mean that you will no longer have access to our content. 

 

Intellectual Property

Our Services contain content, such as the “LF13” name and logo, our website design and our website code, that is protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content, and by granting you access to our Services. We also may use some open source and licensed third-party content in our online services, for example, fonts and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. LF13 does not grant or transfer to you any other rights, title, or interest, other than a limited license defined below.

Grant of License

LF13 grants to you a limited, non-exclusive, non-transferable, revocable license to access, and use LF13’s online services for non-commercial purposes only. LF13 reserves the right to terminate this license at any time if your use of our Services is not in strict compliance with this ToU. 

Representations and Warranties

  • LF13’s Representations and Warranties

LF13’S SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” LF13 MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR SERVICES. HOWEVER, LF13 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. LF13 DOES NOT WARRANT THAT USE OF LF13 SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. LF13 IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. 

 

  • User Representations and Warranties

By using LF13’s services, you represent and warrant that:

  • You are free to enter into and comply with this ToU and are not under any disability, restriction or prohibition, contractual or otherwise, that prevents you from entering into this ToU;

  • You will provide accurate and truthful information regarding your account and personal identification;

  • You have read and agree to this ToU and our Privacy Policy and will not use LF13’s services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;

  • You will not try to reverse engineer our site or software to circumvent access to our services; 

  • You will not circumvent or hack any technology used by LF13 to protect our Services and our users;

  • You will not transmit any worms or viruses or any code of a destructive nature;

  • You will comply with Big Cartel and Patreon’s terms of service;

  • You will not use any other person’s login information; and

  • You will not copy or fraudulently reproduce LF13’s content or violate our intellectual property rights.

Limitation of Liability

IN NO EVENT WILL LF13 BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL OR YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS. LF13 WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF LF13 UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO LF13 FOR OUR SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, LF13’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND LF13. 

Indemnification

You agree to indemnify and hold LF13 harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs), resulting from any breach by you of this ToU, and any activity related to your account.

Privacy, Cookies and Data Protection

We care about your personal information, and all personal information that you provide to us is collected by us and used in accordance with our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy. 

International Users

LF13’s services are controlled, operated and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE APPROPRIATE, LEGAL OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access LF13 outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our services, in whole or in part, to any geographic location or jurisdiction we choose. 

Dispute Resolution

THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND THE TERMINATION OF YOUR LF13 ACCOUNT. 

  • Letting Us Know About Complaints

At LF13, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about the services that LF13 has provided, please reach out to LF13 to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.  

 

  • Mandatory Binding Arbitration

If any controversy or claim arising out of, or relating to, this ToU, LF13’s

 services, our Privacy Policy or any other legal agreement entered into relating to LF13, cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute under USD 10,000.00 that would be more efficiently and cost-effectively resolved in a small claims court. 

 

The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. If an arbitrator determines a claim against LF13 to be frivolous or an opinion is found in our favor by the arbitrators, you agree to reimburse LF13 for all reasonable fees associated with the arbitration, including attorneys’ fees and arbitration costs. 

 

  • Class Action Waiver

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against LF13 will be initiated only in your individual capacity. Any relief awarded by an arbitrator or otherwise will not affect other users of LF13’s services. 

Assignment
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of LF13. LF13 reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the LF13 business or assets. However, we will do our best let you know if there has been a substantial change in the ownership of LF13. 

Survival of Terms Beyond Termination

All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination, including but not limited to, payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses. 

Waiver and Severability

No waiver by LF13 of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same, or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible. 

Applicable Law and Jurisdiction

Except where otherwise required by mandatory law, this ToU as well as our Privacy Policy, are to be governed by and interpreted, constructed, and enforced in accordance with the laws of Texas without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Travis County, Texas.

Entire Agreement

This ToU and our Privacy Policy represents the entire and exclusive agreement between LF13 and our users. All previous written and oral agreements and communications related to the subject matter of this ToU or our Privacy Policy are superseded. 

Contact Us

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations when it comes to using our services. However, if you have any questions about this ToU, Privacy Policy or LF13’s services in general, just reach out! We would be more than happy to explain.

 

Email: lordfridaythe13th@gmail.com