Terms of service

Terms of Service

Effective Date: 01/01/2022 Last Updated:01/01/2026

Overview

This website is operated by David Viergutz. Throughout the site, the terms "we," "us," and "our" refer to David Viergutz & The Nightmare Engine Staff.

David Viergutz offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service ("Terms"), including any additional terms and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all the Terms, you may not access the website or use any services.

Any new features or tools added to the current store are also subject to these Terms. We reserve the right to update or modify any part of the Terms by posting updates to our website. It is your responsibility to review them periodically. Continued use of the site after any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

Contact

Questions about these Terms of Service should be directed to us using the form on our Contact page, or by mail at:

David Viergutz PO Box 2722 Georgetown, Texas 78627 United States

1. Online Store Terms

  • You must be at least the age of majority in your jurisdiction to use this site, or have given consent for any minor dependents to use it.

  • You may not use our products for any illegal purpose or violate any laws in your jurisdiction.

  • You must not transmit worms, viruses, or any malicious code.

  • A breach or violation of any of these Terms will result in immediate termination of your Services.

2. General Conditions

  • We reserve the right to refuse service to anyone, for any reason, at any time.

  • Content (excluding credit card information) may be transferred unencrypted across networks and adapted to technical requirements; credit card information is always encrypted during transfer.

  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from us.

3. Accuracy, Completeness, and Timeliness of Information

  • Information provided on the site is for general purposes only and should not be the sole basis for decisions without consulting more accurate, complete, or timely sources.

  • We may modify the contents of the site at any time without obligation to update any information.

  • You agree it is your responsibility to monitor changes to the site.

4. Modifications to the Service and Prices

  • Prices for our products are subject to change without notice.

  • We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.

  • We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

5. Products or Services

  • Certain products or services may be available exclusively online through the website, in limited quantities, and subject to our Returns Policy.

  • We strive to display product imagery as accurately as possible but cannot guarantee that your monitor's display of any color will be accurate.

  • We may limit product sales by person, region, or jurisdiction and may set quantity restrictions on any order.

  • Descriptions of products and pricing are subject to change at any time without notice, at our sole discretion.

  • We do not guarantee that any product or service purchased will meet your expectations or that any errors in the Service will be corrected.

6. Accuracy of Billing and Account Information

  • We reserve the right to refuse any order and to limit or cancel quantities purchased per person, per household, or per order.

  • We may contact you if changes or cancellations occur using the email and/or billing address or phone number provided at checkout.

  • You agree to provide current, complete, and accurate purchase and account information for all purchases made on the site.

7. Optional Tools

  • We may provide you with access to third-party tools that we neither monitor nor control. Such tools are provided "as is" without warranties of any kind.

  • Your use of any optional tools is entirely at your own risk and discretion.

  • Any future services or features released through the site will also be subject to these Terms.

8. Third-Party Links

  • Certain content, products, and services available through the Site may include materials from third parties.

  • We are not responsible for examining or evaluating the content of any third-party websites, products, or services and are not liable for them.

  • Please review the policies and practices of any third party carefully before engaging in any transaction with them.

9. User Comments, Feedback, and Other Submissions

  • We may, at any time and without obligation to you, use, edit, copy, publish, distribute, or otherwise exploit any comments or submissions you forward to us.

  • We are under no obligation to maintain confidentiality, pay compensation, or respond to any comments.

  • We may, but have no obligation to, monitor, edit, or remove content we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.

  • You are solely responsible for any comments you make and their accuracy.

10. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

11. Errors, Inaccuracies, and Omissions

  • Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.

  • We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

12. Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:

  • For any unlawful purpose, or to solicit others to perform or participate in any unlawful acts;

  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  • To submit false or misleading information;

  • To upload or transmit viruses or any other type of malicious code;

  • To collect or track the personal information of others without consent;

  • To spam, phish, pharm, pretext, spider, crawl, or scrape;

  • For any obscene or immoral purpose; or

  • To interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

13. Disclaimer of Warranties; Limitation of Liability

  • We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

  • All products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied.

  • In no case shall David Viergutz, The Nightmare Engine Staff, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, arising from your use of any of the Service or any products procured using the Service, except where prohibited by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless David Viergutz, The Nightmare Engine Staff, our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand — including reasonable attorneys' fees — made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

15. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be severed from these Terms without affecting the validity and enforceability of the remaining provisions.

16. Termination

  • The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.

  • These Terms are effective unless and until terminated by either you or us.

  • You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

  • We may terminate this agreement at any time without notice if you fail to comply with any term or provision of these Terms, and you will remain liable for all amounts due up to and including the date of termination.

17. Entire Agreement

  • The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  • These Terms, together with any policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and us, governing your use of the Service.

  • Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

19. Changes to Terms of Service

  • You can review the most current version of the Terms of Service at any time on this page.

  • We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.

  • It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

20. Contact Information

Questions about the Terms of Service should be sent to us using the form on our Contact page, or by mail to the address listed at the top of this document.