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Terms & Conditions
Effective Date: August 7, 2026
Last Updated: August 7, 2026
Welcome. These Terms & Conditions (“Terms“) are an agreement between you and Retroactive Entertainment, LLC, a Texas limited liability company doing business as Already Gone (“Retroactive Entertainment,” “we,” “us,” or “our“).
These Terms govern your access to and use of https://alreadygone.net (the “Site“) and any related services, features, content, accounts, merchandise sales, digital downloads, content submissions, and messaging programs (collectively, the “Services“).
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1) Eligibility
You must be at least 13 years old to use the Services. If you are under 18, you represent that you have permission from a parent or legal guardian to use the Services and make purchases.
You must be at least 18 years old to subscribe to our text message programs.
2) Changes to These Terms
We may update these Terms at any time. The “Last Updated” date indicates when changes were made. Your continued use of the Services after changes become effective means you accept the updated Terms.
3) Accounts
To access certain features, you may need to create an account. You agree to:
- Provide accurate, current information
- Keep your login credentials secure
- Notify us immediately of any unauthorized use of your account
You are responsible for all activity that occurs under your account.
4) Purchases, Pricing, Payments, and Taxes
4.1 Orders. All orders are subject to acceptance by us. We may refuse or cancel an order for any reason, including suspected fraud, product availability, pricing errors, or shipping restrictions.
4.2 Pricing and taxes. Prices are listed in USD unless stated otherwise. Taxes may be added at checkout where applicable.
4.3 Payment processing. Payments are handled by third-party payment processors. We do not store full payment card details. Your purchase may be subject to the processor’s terms and privacy policies.
5) Tickets and Live Performances
We do not sell tickets. Tickets to our performances are sold exclusively by venues, promoters, and third-party ticketing providers. Any ticket links on our Site lead directly to the ticket seller’s own site and are provided for convenience only.
We do not control and are not responsible for ticket pricing, service or facility fees, availability, seating, delivery, entry requirements, or refunds handled by those sellers. Your ticket purchase is a contract with the seller and is governed by their terms and privacy policies.
We are not affiliated with ticket resellers or secondary-market sites. We cannot verify, honor, or refund tickets purchased through unauthorized resellers, and we are not responsible for tickets that prove invalid, counterfeit, or priced above face value.
Performance dates, times, lineups, and set lists are subject to change. In the event a performance is postponed or cancelled, refunds, if any, are handled by the ticket seller under its policies.
6) Shipping and Delivery (Physical Merchandise)
Shipping and delivery timelines are estimates and not guaranteed. We are not responsible for delays outside our control, including carrier delays, weather, and customs.
To the extent permitted by law, title and risk of loss for physical items pass to you upon delivery to the carrier.
7) Returns, Exchanges, and Refunds (Physical Merchandise)
This section applies to physical merchandise purchases.
7.1 Return window. We accept returns within 30 days of delivery.
7.2 Eligibility. Returned items must be unused, unworn, and unwashed, and in original condition with tags and packaging where applicable. We may refuse returns that show signs of wear, damage, alteration, or heavy use.
7.3 How to start a return. Email us with your order number, the items you want to return, and the reason for the return (optional but helpful). We will provide return instructions.
7.4 Return shipping. Unless the item is defective or we shipped the wrong item, you are responsible for return shipping costs.
7.5 Refunds. If your return is approved, refunds will be issued to your original payment method after we receive and inspect the returned items. Processing times vary by payment provider.
7.6 Exchanges. Exchanges, such as a size swap, depend on inventory availability. Contact us to request one.
7.7 Non-returnable items. The following are not eligible for return or refund unless required by law:
- Digital downloads
- Final sale items, if labeled as such
- Signed or limited edition items, if labeled as final sale at purchase
8) Digital Downloads — All Sales Final
All digital download sales are final. Once a digital product is delivered or made available to you, it is non-refundable and non-returnable, except where required by law.
We are not responsible for compatibility issues related to your devices, software, storage, or internet connection. Please review product details before purchasing.
9) Text Message Programs
9.1 Programs. We operate text message programs through short code and through our business telephone number, 346-800-4282. These are separate programs requiring separate consent. Opting in to one does not opt you in to the other, and opting out of one does not opt you out of the other.
9.2 Consent. By opting in, you agree to receive recurring automated marketing text messages from Retroactive Entertainment, LLC d/b/a Already Gone at the mobile number you provide. Consent is not a condition of any purchase. You represent that you are the subscriber or customary user of the number you provide, and that you will notify us if that number is reassigned.
9.3 Frequency and charges. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
9.4 Opting out. Reply STOP to any message to unsubscribe from that program. Reply HELP for assistance. You may also email us or call 346-800-4282 and ask to be removed from all programs.
9.5 Compatibility. Supported carriers may change without notice. Not all handsets or carriers support all message types.
9.6 Privacy. How we handle information collected through these programs is described in our Privacy Policy. We do not share mobile opt-in data or consent with third parties for marketing purposes.
10) Intellectual Property (Our Content)
All Site content and materials provided by us — logos, artwork, photos, designs, videos, audio, text, graphics, and merchandise designs (“Already Gone Content“) — are owned by or licensed to us and protected by intellectual property laws.
You may not copy, reproduce, distribute, modify, create derivative works from, or exploit Already Gone Content without our prior written permission, except as allowed by law.
11) Content You Submit (“User Content”)
The Services allow you to upload or submit photos, video, audio, text, messages, and other materials (“User Content“). Submissions may be collected through a third-party platform hosted at app.memogram.io, and your use of that platform is also subject to its own terms.
11.1 You keep ownership. You retain ownership of your User Content. These Terms do not transfer ownership to us.
11.2 License you grant to us. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to host, store, reproduce, distribute, publicly display, publicly perform, stream, communicate to the public, edit and modify (including for length, formatting, and compatibility), create derivative works from, and otherwise use your User Content in any media now known or later developed, for the purpose of operating, improving, and promoting the Services and Already Gone.
This includes use in our website, email communications, social media channels, video content, and promotional materials.
11.3 Name, voice, and likeness release. If your User Content includes your name, image, voice, likeness, or performance, you grant us permission to use them in connection with the User Content for the purposes described above, without further notice, approval, or compensation. You waive any right to inspect or approve the finished use.
11.4 Your promises about User Content. You represent and warrant that:
- You own or have all necessary rights and permissions to submit the User Content, including any music, audio, or footage it contains
- You have obtained permission from every identifiable person appearing or heard in the User Content, and from a parent or legal guardian for anyone under 18
- Your User Content does not infringe or violate any third-party rights, including copyright, trademark, privacy, and publicity rights, or any law or regulation
11.5 Prohibited User Content. You agree not to submit User Content that:
- Is unlawful, infringing, or pirated
- Includes hate speech, harassment, threats, or doxxing
- Is obscene, pornographic, or sexually exploitative, particularly involving minors
- Contains malware, spyware, or malicious code
- Impersonates others or misrepresents affiliations
- Violates privacy or publicity rights, including posting another person’s private information without consent
11.6 Moderation and removal. We may, but are not required to, review, monitor, or remove User Content at any time and for any reason, including to enforce these Terms. We are under no obligation to use, publish, or return any submission.
11.7 Requesting removal. You may request that we remove your User Content by contacting us. We will remove it from our own systems, but we may be unable to recall material already published, shared, distributed, or incorporated into other works.
12) Copyright Complaints (DMCA)
If you believe content on the Site infringes your copyright, you may send a notice to our designated agent:
DMCA Agent: Retroactive Entertainment, LLC — DMCA
Mailing Address: 1510 S. Eldridge Pkwy, Suite 110-238, Houston, TX 77077
Your notice should include: (1) identification of the copyrighted work, (2) the location or URL of the allegedly infringing material, (3) your contact information, (4) a statement of good-faith belief that the use is unauthorized, and (5) a statement under penalty of perjury that the information is accurate and that you are the owner or authorized to act on the owner’s behalf.
We may terminate accounts of repeat infringers.
13) Acceptable Use
You agree not to:
- Interfere with the Site, including hacking, scraping, denial-of-service attacks, or bypassing security
- Use the Services for fraud or illegal activity
- Attempt to access other users’ accounts or non-public systems
- Use automated tools to extract content without permission
14) Third-Party Links and Services
The Site may link to third-party websites or services, including streaming platforms, ticketing providers, content submission tools, and social media. We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk.
15) Promotions
Any sweepstakes, contests, or promotions may have separate official rules. If there is a conflict between those rules and these Terms, the promotion rules control.
16) Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee the Services will be uninterrupted, secure, or error-free.
17) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF:
- $100, OR
- THE AMOUNT YOU PAID US FOR PHYSICAL MERCHANDISE AND/OR DIGITAL DOWNLOADS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
18) Indemnification
You agree to defend, indemnify, and hold harmless Retroactive Entertainment, LLC and its members, managers, employees, agents, and partners from any claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of:
- Your use of the Services
- Your User Content
- Your violation of these Terms
- Your violation of any third-party rights
19) Suspension and Termination
We may suspend or terminate your access or account at any time if we believe you violated these Terms or if needed to protect the Services, us, or others.
Sections that should naturally survive termination will survive, including intellectual property, the User Content license and release, disclaimers, limitation of liability, indemnification, and dispute terms.
20) Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
You agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Montgomery County, Texas, and you consent to personal jurisdiction there.
21) Electronic Communications
By using the Services, you consent to receive communications from us electronically, including email, text messages you have opted in to, account messages, and site notices. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
22) Contact Us
Retroactive Entertainment, LLC d/b/a Already Gone
1510 S. Eldridge Pkwy, Suite 110-238
Houston, TX 77077
Email: info@alreadygone.net
Phone: 346-800-4282
Privacy questions and requests: privacy@alreadygone.net
