WONKYBOT STUDIOS TERMS OF USE

PLEASE READ THESE TERMS OF USE (the “Agreement”) CAREFULLY BEFORE USING THIS WEBSITE (the “Site”). This Site at WONKYBOT.com is fully controlled and operated by WONKYBOT STUDIOS, LLC. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms of use of Wonkybot Studios (“WS”). If you do not agree with all of the following terms of use, please do not use this Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms of use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms of use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms of use. The current version of this Terms Of Use is dated January 3, 2023.

Ownership of Intellectual Property

Welcome to the Web site at wonkybot.com (“Site”) which is owned by Wonkybot Studios LLC. (“WS”). This Site is operated by WS, and materials on the Site are owned by WS. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and WS.

WS has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and WS. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to us by contacting us.

WS reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.

All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of WS and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Ws hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Wonkybot Studios. Use of Wonkybot Studios and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Access and Use

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of WS or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute in digital form the online materials found on this Site can be made by contacting WS in writing using Wonkybot Studios, LLC., contact us page.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WONKYBOT STUDIOS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WONKYBOT STUDIOS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY WONKYBOT STUDIOS OR ANY THIRD PARTY.

Notwithstanding the foregoing, in no event shall Wonkybot Studios liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

Bulletin Boards, Chat Rooms & Blogs

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively “Messages”) to bulletin boards, chat rooms, blogs or other public areas within, or in connection with, this Site (collectively “Forums” – if and when this site shall choose to operate such forums). However, WS accepts no responsibility whatsoever in connection with or arising from such Messages. WS does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by WS prior to posting and do not necessarily reflect the opinions or policies of WS. WS makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, WS reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time. WS assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time WS chooses, in its sole discretion, to monitor the Forums, WS nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that WS accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.

You agree that you will not submit Messages to Forums that:

• are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;

• violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to WS that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;

• improperly assume or claim the identity, characteristics or qualifications of another person;

• are for purposes of spamming;

• contain any virus or other harmful component;

• are libelous, or an invasion of privacy or publicity rights or any other third party rights;

• or are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.

You agree that any Message whatsoever submitted by you becomes the property of WS and may be used, copied, sublicensed, adapted, edited, transmitted, distributed, publicly performed, published, displayed or deleted as WS sees fit.

You agree to release WS, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

Linked Sites

If WS has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that WS is connected with, operates or controls these web sites. WS is not responsible for the content or practices of third party Web sites that may be linked to this Site. This Site may also be linked to other Web sites operated by companies affiliated or connected with WS. When visiting other web sites, however, you should refer to each such Web site’s individual “Terms of Use” and not rely on this Agreement.

Disclaimer of Liability and Warranties

While WS does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that WS DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that WS, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that WS is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that WS is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

Indemnity

You agree to defend, indemnify and hold harmless WS, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

APPLICABLE LAW, VENUE, JURISDICTION

The Agreement and the relationship between you and Wonkybot Studios shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State and County of Henderson, Nevada. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

WS will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to WS contact us page.

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online side are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

User Submissions

Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to Wonkybot Studios and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the Services:

• The User Submission may still exist in our backup copies, which are not publicly available.

• If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.

• We retain the license specified above. Thus, for example, if we or one of our sublicensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sublicensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to Wonkybot Studios.

Ticket Purchase Terms & Conditions

The following Purchase Terms and Conditions are designed to ensure your satisfaction and understanding of the purchase process on Wonkybot.com. If you have any questions about the information below, please contact us. These Purchase Terms and Conditions are subject to, and incorporate by this reference, the Terms of Service. Each ticket that you purchase is a license to attend a particular event, and is subject to the additional terms set forth on that ticket as well as any applicable terms which the venue imposes.

Currency

All ticket prices for events that occur in the United States are stated in U.S. Dollars.

Payment Methods

Wonkybot.com accepts several methods of payment to accommodate your needs. Currently, Wonkybot.com accepts American Express, Visa, MasterCard, Discover, JCB and Diners Club.

Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void.

Order Confirmation

If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with Wonkybot Studios whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. Wonkybot Studios will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

Amount of Tickets Per Customer or “Ticket Limits”

When purchasing tickets on Wonkybot.com, you are limited to a specified number of tickets for each event (also known as a “ticket limit”). This limit is posted during the purchase process and is verified with every transaction. If a ticket limit is posted during the purchase process, please note that this policy is in effect at the request of the Event Provider and is to discourage unfair ticket buying practices.

Canceled and Postponed Events

Occasionally, events are canceled or postponed. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed event, please check the event information online or contact us.

If Wonkybot Studios issues you a refund for a ticket, it will issue a refund of the ticket’s face value paid (or, if a discounted ticket, then instead the discounted ticket price paid), the facility fee and all convenience charges. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. Wonkybot Studios will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.

If an event is canceled, please contact us for information on receiving a refund. If the event was moved or rescheduled. Please make sure to include/provide your order number so we can expedite your refund if applicable.

Refunds and Exchanges

Before purchasing tickets, carefully review your event and seat choices. You agree you will not dispute or otherwise seek a “chargeback” on the credit card you used to purchase tickets from Wonkybot Studios. Should you do so, your tickets may be canceled, and Wonkybot Studios may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using Wonkybot.com.

Billing Information Verification

Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that will cause an order to be canceled. In these cases, please verify your billing address with your bank and/or credit card issuing company before making another purchase attempt.

Delivery Options

Different combinations of delivery methods may be offered, depending on factors that include the venue or where the event is to be held, how much time is left before the event starts, whether it is a holiday season and the nature of the demand for the event. Please carefully review the list of delivery methods offered during the purchase process.

Generally, some of the following delivery methods may be offered, subject to additional restrictions some of which are described further below:

Will Call – for events that occur in the United States.
Paperless Ticket – this may be the only delivery option available for some events that occur in the United States.

Pricing and Other Errors

If the amount you pay for a ticket is incorrect, regardless of whether this is because of an error in a price posted on the website or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date, or you are able to order a ticket that was not supposed to have been released for sale, Wonkybot Studios will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of the website or other Wonkybot Studios operated system.

Multiple Browser Windows

When ordering tickets online at Wonkybot.com, please ensure you are looking for tickets and placing an order using only one browser window. Looking up tickets using multiple browser windows could result in losing your tickets or timer expiration.

Limitation of Liability

You assume all risks incidental to the event for which a ticket is issued, whether before, during or after performance, and you waive any claims for personal injury or death against Wonkybot Studios, its management, officers, directors, owners, employees or agents on behalf of yourself and any accompanying minor.

License; Ejection and Cancellation; No Redemption Value

Event Providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Event Provider rules. Breach of terms or rules will terminate your license to attend the event without a refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.

Recording, Transmission and Exhibition

You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to Wonkybot Studios and the Event Provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.

You Are Subject to Search

You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, firearms, bundles and containers.

Unlawful Re-Sale of Tickets; Commercial Purposes

Unlawful resale of tickets (or attempted resale) is grounds for seizure and cancellation without compensation. A ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by Wonkybot Studios, provided that even if such consent is obtained, any use of Wonkybot Studios trademarks and other intellectual property is subject to Wonkybot Studios written consent.

Wonkybot Shop Product Returns

If you have received damaged, defective or incorrectly shipped merchandise, please return the product within 14 days of receipt following the Return Instructions below. Please Note: On these returns, original shipping and handling charges are not refundable and you will be responsible for all costs associated with return shipment.

Please note: exchanges for limited edition items (such as colored vinyl, signed items, numbered editions, etc.) are subject to available inventory at the time of the receipt of the exchange. If your item is a CD or vinyl release, it must not be opened and remain sealed in its plastic wrapping to qualify for a refund or exchange. If we no longer have these limited items in stock you will be automatically given a refund.

Please contact us about your return so that we can provide you with mailing instructions.

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

Non-Returnable Items

Unfortunately, we cannot accept returns on the following items:

Any apparel item that has obvious signs of use

Any CDs or vinyl records that have been opened (taken out of its plastic wrap) unless it is defective

Downloadable media

Any item that is not in its original condition, is damaged, or is missing parts for reasons not due to our error

Any product missing the serial number or UPC

“Final Sale” items

Wrong Address

If you provide an address that is considered insufficient or undeliverable by the courier, the shipment will be returned to us. You will be liable for reshipment costs once we have confirmed an updated address with you. Please contact us with an updated address so we can get your order reshipped. The Wonkybot Shop is not responsible if products are shipped to the wrong address.

Unclaimed

Shipments that go unclaimed will be returned to us. You will be liable for the cost of reshipment.

Returned By Customer

We do not refund orders for buyer’s remorse or for wrong sizes.