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Effective March 11, 2021

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Acceptance of Terms
This website (“Website”) is owned and operated by Nervous Ghost Press, Inc., a 501(c)(3) nonprofit public benefit corporation. The following sets forth the terms and conditions ("Terms") under which you may use our website and services as offered by us. This Website offers visitors books and other literature, Nervous Ghost Press merchandise, and other services (“Services”) offered by the Company. Please review the Terms carefully before using the Website or Services. By accessing or using the Website or Services, you approve that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access the Website or otherwise use the Services.

 

Age Verification
In order to use our Website and/or receive our Services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Website and/or receive our Services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Changes of Terms and Services
We reserve the right to modify these Terms and our Services from time to time at our sole discretion without prior notice at any time. Therefore, you should review this page periodically. Any changes to the Terms or Services will be in effect as of the “Last Updated Date” referenced on the site. When we change the Terms or Services in a material manner, we will notify you of such material changes. Your continued use of the Website or our Services after any such change constitutes your acceptance of the new Terms or Services. If you do not agree to any of these Terms or our Services or any future version of the Terms and Services, do not use or access (or continue to access) the Website or the Services.

 

Order Acceptance and Cancellation
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it and (ii) you enter into a legally binding contract to purchase an item once you commit to buy an item by completing the check-out payment process. All orders must be accepted by use or we will not be obligated to sell the Services to you. We may choose not to accept any orders in our sole discretion.

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Prices and Payment Terms

The prices we charge for using our Services are listed on the Website. We reserve the right to change, without prior notice, our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. All California residents will incur applicable sales tax. Additional information about pricing and sales tax is available on the payments page.

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Limited Warranty
When we receive a valid/authorized warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to the customer and the customer will be responsible for return shipment of the product to us.

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Intellectual Property Rights
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Nervous Ghost Press, Inc.. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. Unless you have received our express written prior permission or the express written prior permission of the applicable rights holder to do so, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. Any violation of the foregoing sentence may constitute a violation of copyright or other local, state, national, and international laws, and doing so may subject you to liability for any such unauthorized use of our Services or content. We will enforce our intellectual property rights to the fullest extent of the law.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the Website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the Website.

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Termination of User Access
We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any Services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

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Limitations of Liability and Indemnification
You agree to indemnify and hold Nervous Ghost Press, Inc. harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the Website or any of the Services offered on the Website.

To the maximum extent permitted by applicable law, in no event shall Nervous Ghost Press, Inc. be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Services.

 

To the maximum extent permitted by applicable law, Nervous Ghost Press, Inc. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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Linked Websites
Our Website may provide links to other websites. We are not responsible for the content, products, or services of any third-party websites. No inference shall be made that we are affiliated with any linked websites. Please refer to each website’s own Terms of Use.

Privacy Policy
While using our Website, you may be asked to provide certain personalized information to us. Our information collection and use policies with respect to the privacy of such user information are set forth in our Privacy Policy. Please review our Privacy Policy linked below for additional information. Our Privacy Policy also governs Website use and informs our data collection practices.

You agree to receive from time-to-time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

Governing Law
These Terms, the rights, and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States/California without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Los Angeles, CA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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Last updated April 3, 2024