Terms of Service

Please read carefully. Anyone, anywhere, is welcome here; sales, shipping and memberships are United States only (Section 4). Section 27 contains a BINDING ARBITRATION AGREEMENT and a CLASS ACTION WAIVER that affect your legal rights.

1. Agreement to These Terms

These Terms of Service (“Terms”) are a binding legal agreement between you and Winterwolf Enterprises, LLC, a Nevada limited liability company that operates the Little Dark Why’s brand, the website at littledarkwhys.com, and all related pages, features, collections, registries, memberships, and services (collectively, the “Site”). “We,” “us,” and “our” mean Winterwolf Enterprises, LLC. “You” means you, the person using the Site. By accessing or using the Site, claiming or purchasing anything from us, joining a membership, or joining our mailing list, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. Where we can serve you depends on what you want; see Section 4. If you do not agree, do not use the Site.

2. The Site Is Entertainment and Fiction

Little Dark Why’s is a work of entertainment and fiction. The characters — including Father of Lies, The Carpenter, Y, The Philosopher, and The Otherly — and all related names, places, and lore are fictional. Nothing on the Site is a statement of fact, and nothing on the Site is professional advice of any kind, including legal, financial, medical, mental-health, or safety advice. Do not rely on anything the Site or its characters say for any real-world decision.

3. Releases, Products, and Their Own Terms

We release things over time — series, editions, drops, bundles, books, prints, merchandise, and other products. Each release has its own published terms on its own page, setting out what that release is, how many exist, how it is numbered, what it costs if anything, how it is delivered, and any limits or conditions particular to it (the “Release Terms”).

The Release Terms for anything you claim or buy form part of the agreement between us for that item. These Terms are the framework that applies to everything; the Release Terms are the specifics. Where the two conflict, the Release Terms govern for that release only, and only to the extent of the conflict.

The Release Terms that apply to you are the ones published on that release’s page at the time you claimed or bought it. We may change the terms of future releases at any time without changing anything about a release you already hold.

4. Eligibility, Age, and Where We Operate

Everyone is welcome to watch and to collect what is free. Wherever you live, you may use the Site, watch the series, read about the characters, join our mailing list, and claim any free digital Item we offer, subject to the age requirement below.

We sell and ship in the United States only. Paid Items, physical goods of any kind, and memberships are available only to people located in the United States with a valid United States mailing address. We do not sell to, ship to, or enroll members outside the United States, and we may cancel and refund any paid order or membership we reasonably believe originated elsewhere.

You must be at least 18 years old to claim, buy, own, join, subscribe, or join our mailing list. Our forms ask your age before collecting any personal information, and if you indicate that you are under 18 we collect nothing from you at all. A parent or guardian aged 18 or older may claim or buy in their own name and may later transfer under Section 18. We do not register Items to minors.

We do not knowingly collect personal information from anyone under 18, and we do not knowingly collect personal information from children under 13 (see our Privacy Policy). If you believe a person under 18 has provided us with personal information, tell us through our contact form and we will delete it.

We operate from the United States. The Site is hosted and operated from the United States, and any information you give us is stored and processed there. We make no representation that the Site is appropriate or lawful in any particular place outside the United States. If you use it from elsewhere, you do so on your own initiative and you are responsible for compliance with the laws of the place you are in. Whatever your rights are under your local law, we will honor any request you make under Section 11 of our Privacy Policy, wherever you live, without asking you to prove where that is.

By claiming, buying, or subscribing you represent that you are at least 18 years old and that the information you provide is accurate, and, if you are buying or joining a membership, that you are located in the United States.

5. What We Offer

We offer digital and physical goods and, from time to time, memberships and services. In these Terms, an “Item” means anything you claim, buy, or receive from us, whether digital or physical, whether free or paid — including numbered digital artwork, digital posters, flip books, other digital collectibles, physical prints and posters, books, journals, decks, merchandise, and anything received as part of a membership.

Some Items are free. Some are paid. Some are numbered and limited; some are not. Which of these applies is stated in the Release Terms for that Item, not here. Nothing in these Terms promises that any Item will be free, will be paid, or will exist at all.

Where an Item is numbered, a serial number is assigned to you and recorded in our collector registry when your claim or purchase completes, and you may keep that Item for your own personal, non-commercial enjoyment.

6. What an Item Is Not

An Item is not an investment, a security, a share or interest in any entity, a blockchain token, or a promise of future value. We make no representation that any Item will have any monetary value at any time, that a resale market will exist, or that an Item can be resold, redeemed, or exchanged. We do not operate, endorse, or guarantee any resale market. If you are claiming or buying for any reason other than that you want it, please do not.

7. Numbering and Edition Sizes

Where a release is numbered, its total size is set before release and will never be expanded. Serial numbers are never recycled or reissued. Reserved ranges — copies held back for the creator, for members, or for gifts and promotions — are stated in that release’s Release Terms and are not counted as public availability. Quantities shown on the Site are public copies remaining.

If a number is ever withdrawn — because the holder asked us to erase their information, because a claim was reversed, or for any other reason — that number is retired, not returned to circulation. It stays recorded as issued and unassigned, and it is never given to anyone else. An edition of 250 always means 250 were made, even if one or two of them now belong to nobody.

When a release’s public copies are exhausted, that release closes permanently and we are not able to make an exception. Availability counts shown on the Site are updated from our registry and may briefly lag behind it; the registry is authoritative.

8. Prices, Payment, and Taxes

Prices for paid Items are shown on the Site or on the Item’s own page and are in U.S. dollars. Paid Items are offered for sale in the United States only, as set out in Section 4. We may change prices at any time, but a change never affects an order already placed and paid for. Where a price is obviously wrong — a typographical or system error — we may cancel the affected order and refund you in full rather than honor it.

You authorize us and our payment processors to charge your chosen payment method for the total shown, including any tax and shipping. Payment is processed by third-party providers; we do not receive or store your full card number. Where we are required to collect state or local sales or use tax, it is calculated and shown at checkout. You are responsible for any other tax that applies to you.

If a payment fails, is reversed, or is charged back, we may suspend or cancel the related Item, membership, or registry entry.

9. Digital Delivery

Digital Items are delivered by download link, by email, or through your collection page on the Site. Delivery is usually immediate but may take up to a few days where an Item is produced or released on a schedule stated in its Release Terms.

You are responsible for downloading and keeping your own copy. We will make reasonable efforts to keep your Items available through your collection page, but we do not guarantee indefinite hosting, and the Site may change or be discontinued.

Digital Items are not returnable. Because a digital Item is delivered immediately and cannot be given back, all sales of digital Items are final once delivery has begun, except where the law gives you a right we cannot exclude, or where we choose to make an exception. If a digital Item is faulty, corrupt, or not what was described, tell us through our contact form and we will replace it or refund it.

10. Physical Items, Shipping, Risk, and Returns

We ship to addresses in the United States only. We do not ship internationally, we do not ship to freight forwarders, and we may cancel and refund an order placed for delivery outside the United States. Shipping times and costs are stated at checkout or in the Release Terms and are estimates, not guarantees.

Title and risk of loss pass to you when the carrier delivers the Item to the address you gave us. You are responsible for giving us a correct, complete address; we are not responsible for Items lost because an address was wrong or incomplete.

Physical Items may be returned within 30 days of delivery if unused and in their original condition, unless the Release Terms say otherwise for a made-to-order, personalized, or signed Item. Return shipping is yours unless the Item arrived damaged, faulty, or incorrect. Tell us through our contact form before returning anything so we can tell you where to send it. Refunds go back to the original payment method.

If a physical Item arrives damaged, tell us within 14 days of delivery, with photographs where possible, and we will replace it or refund it.

11. Purchases Through Third-Party Stores

Some Items are sold through third-party platforms and stores — for example a hosted shop, an online marketplace, a print-on-demand service, or a bookseller. Where you buy through one of those, your purchase contract is with that platform, not with us, and that platform’s terms, payment handling, shipping, cancellation, and refund policies govern the transaction.

These Terms still govern your use of this Site, your ownership and use of the Item itself, and anything about that Item recorded in our registry. Where a third-party platform’s policy conflicts with these Terms in respect of the sale, that platform’s policy governs the sale.

12. Memberships and Subscriptions

We may offer memberships, clubs, and subscriptions from time to time. Each one has its own published terms on our Memberships page, setting out its name, its price, its billing period, what is included, how benefits are delivered, any limit on the number of places available, and anything else particular to it (the “Membership Terms”).

The Membership Terms for a membership you join form part of the agreement between us for that membership. These Terms are the framework that applies to every membership; the Membership Terms are the specifics. Where the two conflict, the Membership Terms govern for that membership only, and only to the extent of the conflict. The Membership Terms that apply to you are the ones published and shown to you at the time you joined, and we may change the terms of future memberships, add memberships, or stop offering a membership at any time without changing anything about a membership you already hold.

The following apply to every membership regardless of what its own terms say:

Who may join. Memberships are available only to people located in the United States who are aged 18 or older, as set out in Section 4.

Automatic renewal. Unless its terms state otherwise, a membership renews automatically at the end of each billing period, at the then-current price for that membership, and continues until you cancel. Before you are charged for the first time, we will show you the billing period, the amount, the renewal terms, and how to cancel, clearly and at the point of purchase.

Cancellation. You may cancel at any time. Cancellation takes effect at the end of the billing period you have already paid for, and no further charges are made after that. We do not pro-rate or refund the remainder of a period you have already paid for, except where the Membership Terms say otherwise or the law requires it.

Price changes. We may change the price of a membership for future billing periods. We will give you reasonable advance notice by email before a new price takes effect, and the new price applies only from your next renewal, so you always have the chance to cancel first.

What you keep. Any Item you received as a member remains yours permanently, including after you cancel and after a membership ends. What you lose on cancellation is future benefits, not past ones.

Benefits and scheduling. Benefits are delivered on the schedule published for that membership. Where something included in a membership becomes unavailable, we may substitute an Item or benefit of comparable value, and we will tell you when we do.

Ending a membership. We may end your membership immediately, without refund, if you breach these Terms. If we end your membership or discontinue it for any other reason, we will refund the unused portion of your current billing period on a pro-rata basis.

No ownership interest. A membership is a subscription to benefits. It does not give you any ownership interest, equity, share, profit participation, voting right, or other interest in Winterwolf Enterprises, LLC or in Little Dark Why’s.

13. Claim and Purchase Limits

Where a release is limited to one per person, our registry enforces it: a repeat claim for the same Item returns the number you already hold rather than issuing an additional one. Any other limit is stated in that release’s Release Terms.

You may not exceed a limit by using more than one email address, by using automated means, or by any other circumvention. We may refuse or reverse claims and orders we reasonably believe were obtained this way, may decline to supply further Items to you, and may record the circumstances in our registry.

A family is not a circumvention. People who live in the same household may each hold their own account and their own numbered copies, in their own names and their own email addresses. What we act against is one person operating several identities, not several people operating their own.

14. Ownership of Site Content

All Site content — including the artwork, characters, stories, names, graphics, video, audio, text, designs, logos, and trademarks — is owned by or licensed to us and protected by copyright, trademark, and other intellectual-property laws. Claiming or buying an Item gives you that copy to keep, view, use, and enjoy personally. It does not transfer copyright or any other intellectual-property right, and it does not give you any right to reproduce, license, or commercially exploit the work.

You may not copy for redistribution, reproduce commercially, distribute, modify, publish, display publicly, perform, sell, license, scrape, or data-mine Site content, you may not create derivative works from it, and you may not use it to train any machine-learning or AI system, without our prior written permission.

15. Limited License and Acceptable Use

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site, and to use the Items you hold, for personal, non-commercial purposes, subject to these Terms. You agree not to: misuse or interfere with the Site or its security; attempt unauthorized access to any system, account, or registry; introduce viruses or harmful code; use bots, scrapers, or automated means except standard search indexing; impersonate anyone; harass, threaten, or harm others; infringe anyone’s rights; violate any law; or use the Site in any way that could damage or overburden it. We may investigate and take any action we consider appropriate, including removing content and suspending or terminating access.

16. Your Submissions and Community Contributions

You may send us questions, ideas, artwork, stories, comments, reviews, photographs, video, or other material, or post it in a community space we operate (“Submissions”). This Section governs all of it.

You keep ownership. You continue to own whatever you send us. You grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable license to use, reproduce, adapt, modify, publish, translate, distribute, publicly display and perform, and create derivative works from your Submission, in any medium now known or later developed, in connection with Little Dark Why’s and our business, including promotion and advertising.

Credit and identity. We may identify you by the first name, initials, or handle you gave us, or leave your Submission anonymous. We will not use your full name, likeness, or photograph in advertising without asking you first.

Your promises. You confirm that the Submission is yours, that you have the right to grant this license, that it does not infringe anyone’s rights or breach any law, and that it contains nothing unlawful, defamatory, hateful, or obscene. Do not send us anyone else’s work, and do not send us anything you would not want published.

No confidentiality and no obligation. Submissions are not confidential. If you send us an idea, a concept, a character, or a suggestion, you agree that we owe you nothing in respect of it, and that we remain free to develop anything similar independently, including something we were already working on. We receive a great deal of material and cannot check what resembles what.

Moderation. We may refuse, edit, or remove any Submission, at any time, for any reason, and we are not obliged to publish or use anything.

17. Promotions, Giveaways, and Contests

Any promotion, giveaway, sweepstakes, or contest we run has its own published rules covering who may enter, how to enter, the entry period, how winners are chosen and notified, the prize, and any conditions. Those rules form part of the agreement for that promotion, and where they conflict with these Terms, the promotion rules govern for that promotion only.

Unless the rules for a particular promotion say otherwise, promotions with a physical or paid prize are open only to legal residents of the United States aged 18 or older, and all promotions are void where prohibited. No purchase is necessary to enter where the law requires a free entry route, and that route will be set out in the rules. Prizes are not transferable or exchangeable for cash unless the rules say so, and you are responsible for any tax on a prize. We may cancel, suspend, or modify a promotion where it cannot be run as planned, including because of tampering, fraud, or technical failure. Our decisions about eligibility and winners are final. A promotion run on a third-party platform is not sponsored, endorsed, or administered by that platform.

18. Transfers

Numbered Items may be transferred, at our discretion and subject to these conditions:

How a transfer happens. The registered owner must request the transfer through our contact form, identifying the Item by its collectible ID. Both the current owner and the recipient must complete and sign our transfer documents, and both must verify their identity to our reasonable satisfaction. The recipient must be at least 18 years old, and where the Item is physical, must have a United States address. A transfer is effective only when we update the registry, and we will confirm in writing when we have.

Fee. We charge a transfer fee, which we will tell you before you commit. We may waive it at our discretion.

Identity documents. Any identity document you send us is used only to verify the transfer and is deleted once verification is complete. We do not retain copies.

When we may decline. We may decline a transfer where ownership is disputed, where identity cannot be satisfactorily verified, where a transfer would breach these Terms, or where we reasonably suspect fraud. We are a registry, not a court, and we do not adjudicate competing claims between parties.

On the death of a registered owner. We will transfer an Item to an heir, executor, or other person entitled to it on receipt of reasonable proof, which will ordinarily include a death certificate, proof of the requester’s entitlement, and the collectible ID. We waive the transfer fee in these circumstances.

This Section describes what we will do while we operate the registry. It does not create an obligation that survives the discontinuation of the Site or of a release.

19. Email and the Newsletter

Claiming an Item or joining a membership subscribes you to the Little Dark Why’s newsletter, as described in the consent you give on the form. Where an Item is numbered, your number is assigned only after you confirm your email address by clicking the link we send you, and that confirmation is what protects edition numbers from being spent on mistyped or invalid addresses.

Every marketing email includes an unsubscribe link, and it works. We may still send non-marketing messages necessary to administer your claim, your order, your membership, your collection, or a request you have made. Unsubscribing does not affect any Item you already hold.

20. Third-Party Services and Links

The Site relies on and links to third-party services, including our website and CRM platform (GoHighLevel / LeadConnector), our email delivery and mailbox providers, our payment processors, Google (which hosts our collector registry, serves our typefaces, and provides site analytics), and any store or fulfillment platform we use. We do not control and are not responsible for third-party services, their content, availability, security, or privacy practices, and your use of them may be governed by their own terms and policies.

21. Intellectual Property Complaints (DMCA)

We respect intellectual-property rights. If you believe content on the Site infringes your copyright, send a notice through our contact form, or in writing to the postal address in Section 31, with: your contact information; identification of the copyrighted work; identification and location of the allegedly infringing material; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and you are authorized to act; and your signature. We may remove material and terminate repeat infringers.

22. Accessibility

We want the Site to be usable by everyone, including people with disabilities, and we work toward conformance with the Web Content Accessibility Guidelines (WCAG) version 2.1 Level AA as our target standard, adopting newer guidance over time. Accessibility is an ongoing effort and some content may not yet be fully conformant. If you have difficulty using any part of the Site, or need content in a different format or another reasonable accommodation, tell us through our contact form and we will work in good faith to help.

23. Disclaimer of Warranties

The Site, all Items, the registry, memberships, and all content and features are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied. To the maximum extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and security. We do not warrant that the Site or the registry will be uninterrupted, timely, secure, error-free, or free of harmful components, or that any content will be accurate or reliable. You use the Site at your own risk. Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded.

24. Limitation of Liability

To the maximum extent permitted by law, Winterwolf Enterprises, LLC and its owners, members, managers, employees, contractors, partners, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, revenue, profits, goodwill, or opportunity, arising out of or relating to your use of, or inability to use, the Site, any Item, any membership, or the registry, or relating to these Terms, even if advised of the possibility.

Without limiting the foregoing, we are not liable for: the unavailability, loss, corruption, or inaccuracy of any registry record; the exhaustion of a release before your claim or order completes; any failure of a third-party service, store, carrier, or payment processor; any act of a person who obtains or attempts to obtain an Item in breach of these Terms; or any value, or absence of value, that an Item may have at any time.

To the maximum extent permitted by law, our total liability for all claims relating to the Site, any Item, any membership, or these Terms will not exceed the greater of the amount you paid us in the twelve months before the claim or one hundred U.S. dollars ($100). Where an Item was provided free of charge, the amount paid for it is zero. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

25. Indemnification

You agree to indemnify, defend, and hold harmless Winterwolf Enterprises, LLC and its owners, members, managers, employees, contractors, partners, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your claim, purchase, membership, or ownership of any Item, any Submission you make, any information you provide us, your violation of these Terms or any law, or your infringement of any third party’s rights.

26. Refusal, Reversal, and Termination

We may refuse or reverse a claim or order that was made fraudulently, by automated means, in breach of these Terms, or by a person under 18, and we may cancel and refund a paid order or membership placed from outside the United States. We may suspend or terminate your access to the Site, or your membership, at any time, with or without notice, for any reason, including any violation of these Terms. Otherwise, an issued number remains issued and an Item you hold remains yours. Any number withdrawn under this Section is retired under Section 7 rather than reissued.

On termination, the license in Section 15 ends. Sections that by their nature should survive — including Sections 6, 7, 12 (what you keep), 14, 16, and 23 through 31 — survive.

27. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Agreement to arbitrate. You and we agree that any dispute, claim, or controversy arising out of or relating to the Site, any Item, any membership, the registry, these Terms, our Privacy Policy, or our relationship (a “Dispute”) will be resolved by final and binding individual arbitration, rather than in court, except as provided below. This agreement is governed by the Federal Arbitration Act.

How arbitration works. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be seated in Nevada or, at your election, conducted by telephone, video, or written submissions, or in the county where you live. The arbitrator decides all issues, except that a court may decide whether the class action waiver below is enforceable.

Class action and jury waiver. You and we agree that each may bring claims against the other only in an individual capacity, and NOT as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual-property rights.

30-day right to opt out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms by telling us through our contact form, or in writing to the postal address in Section 31, giving your name and a statement that you opt out of arbitration. If you opt out, Section 28 governs your Disputes. Opting out does not affect any other part of these Terms.

Survival. This Section survives termination of your relationship with us.

28. Governing Law and Venue

These Terms and any Dispute are governed by the laws of the State of Nevada and the United States, without regard to conflict-of-law principles, wherever you are located. For any matter not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Nevada. Nothing in this Section removes any protection given to you by the mandatory law of the country in which you live that cannot be excluded by agreement.

29. Changes to These Terms

We may update these Terms at any time by posting the revised version and updating the “Last updated” date. If changes are material, we will provide reasonable notice, such as by email or a notice on the Site. Your continued use of the Site after an update means you accept the revised Terms.

Adding, changing, or retiring a release, a membership, or a promotion is not a change to these Terms. Those specifics live on their own pages under Sections 3, 12, and 17, and change there.

30. General

These Terms, together with the Privacy Policy and any Release Terms, Membership Terms, or promotion rules that apply to you, are the entire agreement between you and us about the Site and supersede prior agreements. If any provision is found unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them, including in connection with a merger, financing, acquisition, reorganization, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. Section headings are for convenience only.

31. Contact

The fastest way to reach us is our contact form. We read everything that comes through it.

For formal or legal notices:
Winterwolf Enterprises, LLC — Little Dark Why’s
8635 West Sahara Ave #425, Las Vegas, Nevada 89117