Website Terms and Conditions

Effective Date: 10-1-2025

 

Welcome to bonecrusherofficial69.com.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://bonecrusherofficial69.com website (the “Service”) operated by Mike Kanel and Bonecrusher band (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

The following terms and conditions govern your use of and access to our website and the services provided. By accessing or using this website, you agree to be bound by these Terms and Conditions.

1. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Specifically, all photographs and music displayed on this website are the exclusive intellectual property of Bonecrusher Official69. Purchasing merchandise grants you ownership of the physical item itself, but does not transfer any copyright or other intellectual property rights. You may not reproduce, distribute, modify, display, or create derivative works from the band without explicit written consent from Bonecrusher Official69.

 

2. Products and Services

We primarily offer clothing and band merchandise (“Products”) for sale through our website. All Products are custom-produced by our trusted print-on-demand partner. While we strive to display Product colors and images as accurately as possible, we cannot guarantee that your device’s display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

 

3. Pricing and Payment

All prices for Products are listed in USD and are subject to change without prior notice. Payment must be received in full before an order is processed and shipped. We accept various forms of payment as indicated at checkout. By providing payment information, you represent and warrant that the payment information is valid and that you are authorized to use it.

 

4. Shipping and Delivery

Details regarding our shipping process, including production times, estimated delivery times, costs, and tracking information, are governed by our separate Shipping Policy, which is incorporated into these Terms by reference. By placing an order, you agree to the terms outlined in our Shipping Policy.

 

5. Returns, Refunds, and Exchanges

Information regarding returns, refunds, and exchanges for damaged, misprinted, or incorrect items, as well as our policy on buyer’s remorse, is detailed in our separate Return & Exchange Policy, which is incorporated into these Terms by reference. By placing an order, you agree to the terms outlined in our Return & Exchange Policy.

 

6. User Representations

By using the Service, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

 

7. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Engage in unauthorized framing of or linking to the Site.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.

 

8. Disclaimer of Warranties

The service and all products are provided on an “as is” and “as available” basis. Bonecrusher Official69 makes no representations or warranties of any kind, express or implied, as to the operation of the service or the information, content, materials, or products included on the service. You expressly agree that your use of the service and any products purchased is at your sole risk.

To the full extent permissible by applicable law, Bonecrusher Official69 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Bonecrusher Official69 does not warrant that the service, its servers, or email sent from Bonecrusher Official69 are free of viruses or other harmful components.

 

9. Limitation of Liability

In no event shall Bonecrusher Band nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

10. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of California, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

 

12. Dispute Resolution

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually a “Party”) shall be commenced or prosecuted in the state and federal courts located in Orange County, California USA, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

 

13. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

14. Contact Us

  • Questions about the Terms of Service should be sent to us at contact@bonecrusherofficial69.com or call (714) 856-2772.
    1225 Main Street Morro Bay, CA 93442