Terms of Sale

Thank you for shopping The Nightmare & The Nightbird! By placing an order on my website, you accept the Terms of Sale set forth below. Please read through our terms thoroughly. These items may be updated at any time; please check back for updates. The website resides at https://www.nighmarenightbird.com.

Copyrights and Trademarks

All materials appearing on nightmarenightbird.com are property of The Nightmare & The Nightbird. Materials protected by this copyright include any and all images, any and all text; (including logos and other graphics); and any and all design elements. You may use the content nightmarenightbird.com for shopping, placing an order on this site, or for conducting other tasks associated directly with, and for the sole purpose of, shopping on this site or placing an order on this site. Unauthorized use of the materials appearing on nightmarenightbird.com may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without prior written consent of The Nightmare & The Nightbird.

The "The Nightmare & The Nightbird" logos are trademarks of The Nightmare & The Nightbird, as are all custom graphics, icons, and logos found on nightmarenightbird.com.

Disclaimer and Limitation of Liability

Unless otherwise noted, because of the custom nature of the transaction and the prevalence of illegal reproduction facilities, products sold by The Nightmare & The Nightbird on nightmarenightbird.com are non-refundable. Title and ownership, and all rights now and in the future, of and for the media remain exclusively with The Nightmare & The Nighbird. The media is provided "as is". The Nightmare & The Nightbird disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any products sold on this site. The Nightmare & The Nightbird disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or materials on the Internet through the nightmarenightbird.com website. The Nightmare & The Nightbird makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site. In particular, The Nightmare & The Nightbird expressly disclaims all warranties, express or implied, of any kind with respect to products sold on the site, including but not limited to, merchantability and fitness for a particular purpose.

You agree that the sole and exclusive maximum liability to The Nightmare & The Nightbird arising from any product sold on the website shall be the price of the products ordered. In no event shall The Nightmare & The Nighbird, its officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold. You agree that The Nightmare & The Nightbird, its officers, employees, or other representatives shall not be liable for damages arising from the operation, content, or use of nightmarenightbird.com.

You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive, and consequential damages.

Typographical and Photographical Errors

The Nightmare & The Nightbird attempts to be as accurate as possible in our pricing, as well as our typographical and photographical depictions of products for sale; however, we cannot guarantee that product descriptions/specifications, pricing, or any other content on nightmarenightbird.com is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, informational, technical, or other errors, The Nightmare & The Nightbird shall have the right, at our sole discretion, to either honor the displayed price or refuse/cancel any orders placed for that product at the incorrect price.

Order Acceptance Policy

Your submission of an order and/or receipt of an order confirmation, automated or otherwise, does not signify our acceptance of such order. The Nightmare & The Nightbird reserves the right to cancel any order that we deem necessary, at our sole discretion, regardless of the order status or whether you have received a confirmation of the order. We reserve the right to require additional information from you before accepting or processing any order.

Jurisdiction

The Nightmare & The Nightbird is based in the United States of America, and you agree that any legal action brought against The Nightmare & The Nightbird shall be governed by the laws of the United States of America without regard to its conflict of law principles. Additionally, you agree that any and all disagreements arising from your use of or orders placed through nightmarenightbird.com will be adjudicated in the county of Cabell, West Virginia, USA by an appropriate court.

Sales Policy Agreement

By placing an order at nightmarenightbird.com, a customer has agreed to the terms and conditions of the sale as indicated on this website. By placing an order at nightmarenightbird.com, a customer has agreed to the total dollar amount of the sale and authorized The Nightmare & The Nightbird to collect payment via the payment method the customer specified. By placing an order at nightmarenightbird.com, a customer has agreed they are a representative of the musician/band(s) they are ordering for. The Nightmare & The Nightbird reserves the right to make changes to this site and these terms and conditions at any time.

** NOTE: The Nightmare & The Nightbird attempts to be as accurate as possible in our content and pricing. However, we cannot guarantee that the product descriptions/specifications, pricing, or any other content on the site is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, The Nightmare & The Nightbird shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.

Privacy & Security

The Nightmare & The Nightbird does not rent, trade, loan, or sell your personal information, or any other information which may identify you, to third parties. We are committed to protecting our customers’ privacy. The information we collect is used to process your order and to enhance your shopping experience.

Your Personal Information

When you place an order at our site, you provide us with your name, email address, association with musician/band(s),  credit card information, address, and phone number. We use this information to process your order. The financial information (credit card number, expiration date, billing address, etc.) that we collect from you is used for billing purposes only.

In order to serve you best, transactions are handled by a reputable third-party payment method (PayPal). Once the payment has been authorized, we begin processing your order.

We also work with third parties that perform various vital functions on our behalf, i.e. printing labs. Such functions include shipping and delivering of packages, fulfilling orders, etc. These third parties will have access to personal information as required for them to carry out these functions on our behalf. They are also under strict obligation to keep your personal information private.

The Nightmare & The Nightbird may occasionally notify you via email about important functionality changes to our website. At the bottom of every such email are directions on how to take your email address off our list.

Your Consent

By using our website, you are agreeing to let us collect the aforementioned information (please see the above) and use it in the said manner. If we decide to change our privacy policy, we will post those changes on this page. The Nightmare & The Nightbird will cooperate with law enforcement agencies to identify any individual who attempts to use our services for illegal activities. We will also report any activity we believe to be unlawful to the proper authorities. Other sites accessible through The Nightmare & The Nightbird have their own privacy policies and data collection practices. Please consult each site’s privacy policy. The Nightmare & The Nightbird is not responsible for the actions of third-parties.

In closing, if you have any questions about this privacy statement, The Nightmare & The Nightbird’s practices, or your business with The Nightmare & The Nightbird, please reach out to nightmare.nightbird@gmail.com. Please check back occasionally for any updates or changes to our privacy policy.

License

All images are property of The Nightmare & The Nightbird and are copyrighted by law. None of them may be copied, used, or published for commercial purposes without The Nightmare & The Nightbird’s clear permission to do so.