Earp Curse Con Virtual Ticket Terms

1. Acceptance of Terms

The following agreement (the “Agreement”) governs your access to the internet-based virtual convention, “Earp Curse Con,” (the “Convention”) that will be made available by the Earp Curse Con organizer (“ECC,” “us,” or “our”) and its licensors (collectively, the “Content Providers”). The Convention, and all content made available through it, including autographs and various ticketed meet and greets, virtual selfies, and gaming calls (each an “Experience”) is hereafter referred to as “Content.”

Your virtual attendance at the Convention and participation in any Experiences, if applicable, are also subject to the ECC Privacy Policy (the “Privacy Policy”) and Terms of Service (“TOS”), which are incorporated herein by this reference.

By participating in any part of the Convention, you agree to this Agreement.

2. Experience Purchases; Attendance

Experiences may be purchased through our online drawings, which are subject to purchase limits, or via general sale. Prices for each Experience are as listed on the Guests page of the Convention website.

All sales of Experiences are final and non-refundable. Experiences purchased through the drawing are for your individual use only and are non-transferrable. Experiences are limited to the named individual, only, and may not be shared by more than one attendee.

ECC makes every effort to ensure the availability of guests as scheduled. However, circumstances beyond our control may result in guests becoming unavailable or in changes to the schedule. ECC shall have no liability, other than to reschedule Experiences or issue a refund, in ECC’s sole discretion, if a guest’s schedule changes.

3. Access To Content; Availability

All Convention Content made available to you is limited to your personal, non-commercial use on a computer or authorized mobile device that is under your control.

You acknowledge that the availability of the Content (including the Convention and Experiences) is dependent upon external factors such as Internet service providers and Internet network availability, which are generally outside of the control of ECC. Neither ECC nor any of its guests shall be responsible for events or circumstances beyond their legitimate control, such as the availability of the internet, wars, strikes, riots, crimes, or acts of god such as hurricanes, floods, earthquakes, volcanic eruption, etc.), and as such, cannot guarantee 100% availability of any of the Content.

4. Intellectual Property

Unless otherwise noted, you should assume that the Convention, and all Content, text, graphics, trademarks, logos, software and other materials made available to you is protected by copyright, trademark and other applicable intellectual property laws and may not be used except as permitted in this Agreement. By watching any of the Convention stream or attending a virtual Experience, you acknowledge and agree to this. You may use and access Content and other materials made available in connection with the Convention for your personal, non-commercial use only.

You may not record, copy, reproduce, distribute, transmit, publish, post, or otherwise reuse any Content or other material made available in connection with the Convention on any other web site or other medium or for public or commercial purposes without our express prior written permission or that of the Content Providers who own or appear in the Content.

In particular, you may not record or otherwise reproduce any panels or Experiences without our and the Talent’s express permission.

5. Disclaimer Of Warranties; Limitation Of Liability

You acknowledge that your attendance at an Experience and viewing the Convention are at your own risk. ECC, the Content Providers, nor any other party involved in creating or providing anything in connection with the Convention, is or shall be liable for any direct, indirect, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Virtual Ticket. Without limiting the foregoing, all aspects of the Convention are provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Content Providers also assume no responsibility, and shall not be liable for, any damages to, or bugs, viruses, trojan horses or the like that may infect your computer equipment or other property on account of your access to, use of, viewing, or participating in any part of the Convention.

We do not and cannot control the flow of data via the Internet, which depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt your or a guest’s connection to the Internet and the Convention and we cannot guarantee this will not occur. Accordingly, we disclaim any and all liability resulting from or relating to such events. By participating in an Experience, you acknowledge and agree that we are not responsible for (i) any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of your account, (ii) interference with or interruption of the communications, procedures or performance of the Convention, or (iii) any unauthorized use of your credit card or other method of payment by a third party in connection with the Convention.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CONVENTION OR ANY CONTENT, SOFTWARE OR OTHER MATERIALS MADE AVAILABLE THROUGH THE CONVENTION IS TO STOP USING SAME. THE MAXIMUM LIABILITY OF THE CONTENT PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY), SHALL BE THE TOTAL AMOUNT PAID TO ECC BY YOU, IF ANY, FOR THE EXPERIENCE OR CONTENT THAT IS THE SUBJECT OF A CLAIM.

6. Safety And Security; Termination

All Experiences will be monitored and recorded by ECC for security and quality assurance purposes. By participating in an Experience, you acknowledge and understand that your conversation will be recorded and expressly consent to ECC recording them.

ECC reserves the right to remove any attendee from an Experience or to moderate or otherwise limit the Twitch chat function for our guests’ safety and security, in its sole discretion. Moderators shall have the sole discretion to remove any attendee who violates any of the Convention’s rules (including those set forth in this Agreement, the TOS, the FAQ and any other rules communicated directly or via the ECC website) or whose behavior is deemed inappropriate, including without providing prior warning. No refund will be provided if an attendee is removed from an Experience.

In addition to and without prejudice to any other rights or remedies that ECC may have if you breach this Agreement, your removal from an Experience for improper behavior may result in the immediate termination of your access to all Experiences you may have purchased. Termination based on behavior shall not entitle you to a refund of any payment you may have made for any Experiences.

7. Updates To The Agreement

We reserve the right to update and change the terms and conditions of this Agreement from time to time at our sole discretion. You are responsible for reviewing the Agreement periodically for any modifications. Your continued access or use of the Convention, Content, or any materials, made available in connection with the Convention, constitutes your acceptance of this Agreement, as modified by such changes.

8. Miscellaneous

This Agreement may not be modified except by an instrument in writing signed by all parties to this Agreement. Either Party’s waiver of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit or waive such a party’s right thereafter to enforce and compel strict compliance with every term and condition thereof. In case any term of this Agreement shall be held invalid, illegal or unenforceable in whole or in part, neither the validity of the remaining part of such term nor the validity of any other term shall be in any way affected thereby. All remedies provided herein are cumulative and not exclusive of any remedies provided by law or equity. In the event of any litigation between the parties hereto with respect to this Agreement, the prevailing party (the party entitled to recover the costs of suit) shall be entitled to recover reasonable attorneys’ fees in addition to such other relief as the court may award. Except as otherwise provided herein, the rights and obligations of the parties hereto shall survive any termination of this Agreement. This Agreement, together with the TOS and Privacy Policy, constitutes the complete agreement between the parties hereto and supersedes all prior communications and agreements between the parties with respect to the subject matter hereof. In the event of any conflict between this Agreement and the TOS and/or Privacy Policy, this Agreement will prevail.