Introduction

 

The Services

 

Age Requirements

 

Legal Agreement Between You and Bloody Bat Records; Visitors and Registered Users

 

Modification of these Terms of Service

 

Privacy Policy

 

Customer Service

 

This website (or other service) is operated by Bloody Bat Records, Llc. (“Bloody Bat Records” or “we”).  These Terms of Service (“TOS”) govern each user’s access to and use of this site or services provided by Bloody Bat Records (the “Services”), whether accessed through the Internet or any other medium now known or hereafter invented on any device now known or hereafter invented.  The Services may include any one or more of the following: viewing and/or using a website, whether publicly accessible or with restricted access; fan clubs and other subscription sites; contests; email subscription lists; search services; online stores (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a Bloody Bat Records site or other Service.  Internet access is not included in the Services and separate third party fees may apply.

 

In order to use the Services, you must be at least 13 years of age.  If you are under 13-years-old, you may not use the Services and you are instructed to leave this website or other Service.  If you are between the ages of 13 through 17 years, you may use the Services only under the supervision and with the written consent of your parent or legal guardian.  Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing Services while not under the supervision and/or without the written consent of your parent or legal guardian.

 

These Terms of Service (TOS) constitute a legal agreement between the user of the Services (“you”) and Bloody Bat Records.  You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TOS in order to access and/or use the Services.  By using the Services, you agree to be legally bound by this TOS, whether you are a “Visitor” (which means that you only browse a site on the Service) or a “Registered User” (which means that you have registered as a user of the Services). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Services. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave this website and discontinue use of the Services immediately.  If you do not accept this TOS in its entirety, you do not have permission to access or use the Services.

 

Bloody Bat Records may wish to update or change this TOS from time to time to reflect changes in the Services, changes in the laws affecting the Services, changes in Bloody Bat Records’ policies, or for other reasons. When we do, Bloody Bat Records will endeavor to provide notice to users in one or more of the following ways: (1) Bloody Bat Records will update the “last updated” date at the bottom of this TOS; (2) Bloody Bat Records may post notice of the update on the website or other Service; and/or (3) Bloody Bat Records may email notice of the update to the Registered Users.  You understand that Bloody Bat Records reserves the right to make these changes and that you are responsible for regularly reviewing this TOS as posted on the website or other Service.  Continued access to or use of the Services after any such change shall constitute your consent to such change.  Unless explicitly stated otherwise, any new features that change or improve the Services shall be subject to this TOS, as modified from time to time.

 

You may be required to register to use the Services. To register, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online communications, transactions, purchase history and usage patterns may be collected, analyzed and stored. Bloody Bat Records’ policies regarding its use and limited disclosure of your personal information are set forth in the Privacy Policy.  The Privacy Policy is hereby incorporated by reference into this TOS.  By agreeing to this TOS, you are also agreeing to the Privacy Policy.  Please carefully review the Privacy Policy.  If you do not accept the Privacy Policy in its entirety, you are not permitted to access or use the Services.  The Privacy Policy shall supersede any conflicting terms contained in this TOS.

 

Our customer service office is open from 10am - 6pm Pacific Time, Monday thru Friday, excluding holidays. Should you have any questions, please contact Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer.


PURCHASING TERMS: MERCHANDISE

Pricing and Payments

 

Order Processing

 

Shipping

 

Refunds, Returns and Exchanges

 

Backorders

 

Unshipped Pre-Orders

 

Undeliverable Packages

 

State Sales Tax

 

All prices are in US Dollars. Advance payment in full via Visa or MasterCard is required (and in some instances payment via American Express may also be accepted only if so specified on the applicable site). Prices are subject to change from time to time in Bloody Bat Records’ sole discretion.

 

All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.

 

Orders that contain only in-stock items are typically shipped within one (1) to three (3) business days unless Sunflower Dead are currently on tour.  In the event that the band is on tour, all in-stock items are typically shipped with seven (7) to ten (10) business days upon conclusion of the current tour. Orders that contain one (1) or more pre-order items are typically shipped one (1) to three (3) business days after the pre-order item(s) arrive(s) at our shipping warehouse. Shipping may be slightly delayed on US holidays.

Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Bloody Bat Records is not responsible for non-receipt of orders that have been deemed delivered. Bloody Bat Records is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.

Domestic Shipping (US): Our domestic carriers are USPS and FedEx. If FedEx is being used, the “ship to” address may not be a P.O. Box or your order will be considered an “Undeliverable Package” (see the Undeliverable Packages section below).  The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for USPS is three (3) to ten (10) business days.  The typical delivery timeframe for FedEx depends on the service selected. If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re-ship.  Shipping charges are determined by the number, weight and type of items ordered, and by the shipping carrier and service selected. We do not ship COD.

International Shipping (Outside The US):  The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for international orders is two (2) to four (4) weeks but please allow up to six (6).  If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re-ship.  In any event, we are not obligated to reship unless a trackable method of shipping was chosen. Please choose your shipping method carefully. Bloody Bat Records will not reship your order due to non-receipt unless you choose International Priority (a trackable shipping method) during checkout. We do not ship COD. You are responsible for any and all duties and taxes incurred upon delivery. If you refuse to pay duties and taxes your order will be returned to Bloody Bat Records, you will be required to pay a $5.00 return fee, and you will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling or (if applicable) gift wrap.

 

If you have received damaged, defective or incorrectly shipped merchandise, please contact Customer Service and return the product within 30 days of receipt following the Return/Exchange Instructions below. We will gladly replace or refund the merchandise without additional charge upon return.

If you have ordered incorrectly or are not happy with your purchase, please follow the Return/Exchange Instructions below (and on your packing slip). On these returns, original shipping and handling charges are not refundable and you will be responsible for all costs associated with return shipment, including a $5.00 restocking fee.

Bloody Bat Records will not accept any items for return or exchange after 30 days from receipt. (Note that for orders shipped via a non-trackable method we won't be able to determine receipt date.) Bloody Bat Records is not responsible for any items returned to us via a non-trackable delivery method that go missing in transit.

Please include the following in your email to Customer Service and in your return:

Your order confirmation number

Your first and last name

Your mailing address

Your phone number

What you are returning and why

How you would like us to handle your return or exchange.

We highly recommend that the items be returned to us using a mail service that provides tracking or insurance.

Mail to:

Bloody Bat Records, Llc
c/o Sunflower Dead Returns
4553 Patricia Circle
Cypress, CA 90630

Once your return has been received by us, we will exchange your item or credit your credit card accordingly. Please allow 3-4 weeks for your return to be processed.

Items That Cannot Be Returned or Exchanged:

Unfortunately the items listed below cannot be refunded, returned, or exchanged. All sales of these items are final except only in the case of a manufacturer's defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).

Underwear or bathing suits

Music or Book Pre-Orders

Any autographed, collectible items.

Any apparel item deemed by Bloody Bat Records to show obvious signs of use

Any physical media (CDs, DVDs, vinyl records) that has been opened (removed from its plastic wrap)

Any downloadable media

Any item that is not in its original condition (for example, is damaged or missing parts) for reasons not due to an error on Bloody Bat Records' part.

Bloody Bat Records will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Bloody Bat Records (see the Undeliverable Packages section below for details). Bloody Bat Records will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.

 

If all of the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total (including shipping and handling, gift wrap and tax).

If some but not all of the items included in your order are out of stock you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise Bloody Bat Records to:

Hold your entire order until the item or items that are out of stock are re-stocked; OR

Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by Bloody Bat Records); OR

Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for the cost of shipping and handling and (if applicable) tax; OR

Cancel your entire order and issue a full refund of your order total (including shipping and handling, gift wrap and tax).

Bloody Bat Records will hold your entire order until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.

 

Music and Books - Pre-order items cannot be cancelled. If you have received a defective or damaged product, you may return the item for an exchange if the item is still available. you may contact Customer Service to submit a return request.

Apparel and Accessories - If your order contains one (1) or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap and tax). You may contact Customer Service to submit a refund request. Orders that contain (1) or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.

 

If for any reason your order is classified as undeliverable and returned to Bloody Bat Records you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and (if applicable) gift wrap will not be refunded. Bloody Bat Records will not re-ship any order that is classified as undeliverable and returned to us.

 

In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pre-tax total, including shipping and handling (where required) and gift wrap (where required and if applicable). 

 

ADDITIONAL TERMS AND CONDITIONS

Technical Requirements

 

Computer

 

Personal and Non Commerical Use Only

 

Delay or Failure to Provide Services

 

Third-Party Sites, Services and Functionality

 

Your Feedback and Suggestions Submitted to Bloody Bat Records

 

Software Available on the Bloody Bat Records Services

 

Warranty Disclaimer

 

Limitation of Liability

 

Termination and Restriction of Access

 

Dispute Resolution:
BINDING ARBITRATION

 

Miscellaneous

 

Intellectual Property Notices

 

Consumer Notice

 

In order to use the Services, we recommend the hardware and software specified below.  Bloody Bat Records is not responsible for any failure to operate the Bloody Bat Records Services resulting from you not using the recommended hardware and software.

 

Any computer with the Windows (version Vista SP2, or Windows 7 or higher) or Mac OS X (version Lion 10.7 or higher) operating system; and

Your computer must meet the minimum technical requirements of the supported Web Browser Software listed below

Web Browser Software:

Microsoft Internet Explorer: the current version available at microsoft.com/ie and the immediately preceding major version

Mozilla Firefox: the current version available at getfirefox.com and the immediately preceding major version

Apple Safari the current version available at apple.com/safari and the immediately preceding major version

Google Chrome: the current version available at google.com/chrome and the immediately preceding major version

In addition to using one of the aforementioned browsers, the below features must be enabled. Please refer to your browser’s documentation for information on how to enable these features.

Cookies

JavaScript

 

You may use the Bloody Bat Records Services for your own personal and non-commercial purposes only. Each Bloody Bat Records account is to be used by a single user only, and you may not share or allow or permit anyone else to use your Bloody Bat Records account to access the Bloody Bat Records Services.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Bloody Bat Records Services except as expressly provided in this TOS.

Illegal and/or unauthorized use of Bloody Bat Records Services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a Bloody Bat Records Site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a Bloody Bat Records Site. Except as expressly authorized per a written agreement with Bloody Bat Records, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and Bloody Bat Records reserves the right to remove them from user profiles or other areas of a Bloody Bat Records Site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of Bloody Bat Records Services.

 

Bloody Bat Records is not responsible for any delay or failure to provide content, materials or other Services where such delay or failure is due to causes outside of Bloody Bat Records’s control, including, but not limited to, system downtime, internet connectivity issues, power outages, and failure of a particular recording artist, band, celebrity, public figure, brand, or other Bloody Bat Records client or their management to make materials available to Bloody Bat Records in a timely manner.  Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.

 

Bloody Bat Records Sites may incorporate, embed and/or contain links to other websites, services and functionality controlled or operated by persons and companies other than Bloody Bat Records (“Incorporated Services”). The Incorporated Services are not under the control of Bloody Bat Records and Bloody Bat Records is not responsible for the contents, operation or failure to operate of any Incorporated Services. Bloody Bat Records is not responsible for web casting or any other form of transmission received from any Incorporated Service, nor is Bloody Bat Records responsible if the Incorporated Service is not working correctly. The inclusion of any Incorporated Service does not imply endorsement by Bloody Bat Records or any association with its operators. You are responsible for viewing and abiding by the privacy policy and terms of service posted by the Incorporated Services.  You are solely responsible for any dealings with third parties (including advertisers) who support the Bloody Bat Records Services or are identified on Bloody Bat Records Sites, including the delivery of and payment for goods and services.

 

Bloody Bat Records wants your voluntary feedback and suggestions regarding the Services so that we can continually improve the Services for you and other customers. When you submit feedback and suggestions, please understand that Bloody Bat Records needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Bloody Bat Records, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Bloody Bat Records and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.  These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Bloody Bat Records’ use of the materials contained within such feedback or suggestions. Bloody Bat Records is under no obligation to post or use any materials you may provide and may remove such materials at any time at Bloody Bat Records’ sole discretion.  This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Bloody Bat Records Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Privacy Policy.

 

All software (if any) that is made available to view and/or download from the Services (“Software”) is owned by and is the copyrighted work of Bloody Bat Records and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Bloody Bat Records hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Bloody Bat Records Services in accordance with these Terms of Service, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Bloody Bat Records and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions.  You understand that any unauthorized use of the Software would result in irreparable injury to Bloody Bat Records for which money damages would be inadequate and in such event Bloody Bat Records will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

 

BLOODY BAT RECORDS AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE BLOODY BAT RECORDS SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BLOODY BAT RECORDS AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

IN NO EVENT SHALL BLOODY BAT RECORDS, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BLOODY BAT RECORDS SERVICES, WITH THE DELAY OR INABILITY TO USE THE BLOODY BAT RECORDS SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE BLOODY BAT RECORDS SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BLOODY BAT RECORDS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BLOODY BAT RECORDS OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BLOODY BAT RECORDS SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BLOODY BAT RECORDS SERVICES.  In no event will Bloody Bat Records’ liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Bloody Bat Records Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

 

Bloody Bat Records reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Bloody Bat Records Services or any portion thereof at any time, without prior notice.  Bloody Bat Records may also terminate or suspend your access to the Bloody Bat Records Services for breach of this TOS or inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Bloody Bat Records.  Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Bloody Bat Records Services, Bloody Bat Records will not terminate your access to the Bloody Bat Records Services prior to the expiration of your subscription period without good cause unless it refunds a pro-rata portion of amount paid for the subscription.  Good cause includes, but is not limited to, your breach of this TOS or the discontinuation of the particular site or other Service for which you purchased a subscription.  If your Bloody Bat Records Services subscription is terminated for good cause, or if you cancel your Bloody Bat Records Services subscription prior to the expiration of the subscription period for any reason, Bloody Bat Records will not refund to you any fees paid in advance of such termination or cancellation.  Upon termination of your Bloody Bat Records account, your right to use the Bloody Bat Records Services immediately ceases and all benefits associated with your membership are immediately terminated.  Any cancellation or termination by you or Bloody Bat Records shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination.  Any or all of the Bloody Bat Records Services, including but not limited to any subscription site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any.  With respect to shows and events, Bloody Bat Records reserves the right, in its sole discretion, to refuse you admittance to any show or event associated with or related to the Bloody Bat Records Services, including, but not limited to, concerts, festivals, parties, meet & greets, gatherings, press conferences, meetings, or any other scheduled or unscheduled event. 

 

Any dispute or controversy between you and Bloody Bat Records (or any assignee or other successor-in-interest of Bloody Bat Records) in any way arising out of, related to, or connected with this TOS, the Privacy Policy, or the Bloody Bat Records Services, shall be resolved through final and binding arbitration in Oakland, California.  In the event of such arbitration, each party shall be responsible for paying its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys’ fees.  The parties shall share equally the costs of the arbitration, including, but not limited to, the arbitrator’s fees and any and all other administrative costs of the arbitration. The parties each agree to submit to any federal or state court of appropriate jurisdiction located in Oakland, California, for purposes of compelling arbitration pursuant to this paragraph, or to enforce any interim or final award entered into by the arbitrator.  The arbitrator shall have no power to add to, subtract from, or modify in any way, the terms of this TOS. Notwithstanding the foregoing, for any violation of this TOS which may not be reasonably or adequately compensated by monetary damages, Bloody Bat Records shall be entitled to court mandated injunctive or equitable relief against your breach of this TOS, in addition to other remedies.

You and Bloody Bat Records agree that any dispute between you and Bloody Bat Records shall be limited to the dispute between Bloody Bat Records and you individually. To the full extent permitted by law, (1) no arbitration or litigation shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

This TOS is governed by the laws of the State of California, U.S.A, without regard to its rules pertaining to conflicts of laws.  Bloody Bat Records makes no representation that materials on a Bloody Bat Records Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access a Bloody Bat Records Site or use Bloody Bat Records Services from other locations do so on their own initiative and are responsible for compliance with local laws.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bloody Bat Records as a result of this TOS or use of the Bloody Bat Records Services.  You may not assign this TOS without the prior written consent of Bloody Bat Records.  Bloody Bat Records may assign this TOS, in whole or in part, at any time.  Bloody Bat Records’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this TOS is in derogation of Bloody Bat Records’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Bloody Bat Records Services or information provided to or gathered by Bloody Bat Records with respect to such use. You agree to indemnify and hold Bloody Bat Records, its parents, subsidiaries, affiliates, officers, employees, suppliers and licensors harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Bloody Bat Records Services.  If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this TOS shall continue in effect. This TOS (including the documents expressly incorporated herein by reference; namely, the Privacy Policy) constitute the entire agreement between you and Bloody Bat Records with respect to the Bloody Bat Records Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Bloody Bat Records with respect to the Bloody Bat Records Services. A printed version of this TOS and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Bloody Bat Records Sites and Bloody Bat Records Services, and all related technology and content: Copyright © 2013 - 2017 by Bloody Bat Records, Llc. or its suppliers or licensors.  All rights reserved.

“Bloody Bat Records” and “Sunflower Dead” are trademarks and service marks of Bloody Bat Records, Llc.  The company, product, and brand names of companies, products and services mentioned herein or on a Bloody Bat Records Site or Bloody Bat Records Service may be the trademarks and service marks of their respective owners.

Bloody Bat Records, Llc. has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Bloody Bat Records Services or on a Bloody Bat Records Site. Except as expressly provided in this TOS, the provision of the Bloody Bat Records Services and the display of Bloody Bat Records Sites to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

 

Bloody Bat Records, Llc. is a California corporation.  Pursuant to California Civil Code § 1789.3, Bloody Bat Records, Llc. sets forth the following: (a) the address of Bloody Bat Records, Llc. is 4553 Patricia Circle, Cypress, CA 90603;  (b) the fees and charges imposed on consumers of Bloody Bat Records, Llc. vary depending on the services you choose; and (c) if you have any complaints about Bloody Bat Records, Llc. or wish to receive further information about Bloody Bat Records Group, Llc., please contact Customer Support. For complaints against Bloody Bat Records Group, Llc., you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by (1) visiting www.dca.ca.gov/about_dca/contactus.shtml; (2) sending an email to dca@dca.ca.gov; (3) calling (800) 952-5210; or (4) writing to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.