OVERVIEW
Welcome to Novitia Studios! The terms “we”, “us” and “our” refer to
Novitia Studios. Novitia Studios operates this store and website,
including all related information, content, features, tools, products
and services in order to provide you, the customer, with a curated
shopping experience (the “Services”). Novitia Studios is powered by
Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced
herein (these “Terms of Service” or “Terms”) describe your rights and
responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important
information about your legal rights and cover areas such as warranty
disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be
bound by these Terms of Service and our Privacy Policy. If you do not
agree to these Terms of Service or Privacy Policy, you should not use or
access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, and
you have given us your consent to allow any of your minor dependents to
use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores
or purchasing any of the products or services we offer, you may be asked
to provide certain information, such as your email address, billing,
payment, and shipping information. You represent and warrant that all
the information you provide in our stores is correct, current and
complete and that you have all rights necessary to provide this
information.
You are solely responsible for maintaining the security of your account
credentials and for all of your account activity. You may not transfer,
sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our
products and services in our online stores. However, please note that
colors or product appearance may differ from how they may appear on your
screen due to the type of device you use to access the store and your
device settings and configuration.
We do not warrant that the appearance or quality of any products or
services purchased by you will meet your expectations or be the same as
depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without
notice at our sole discretion. We reserve the right to discontinue any
product at any time and may limit the quantities of any products that we
offer to any person, geographic region or jurisdiction, on a
case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Novitia
Studios reserves the right to accept or decline your order for any
reason at its discretion. Your order is not accepted until Novitia
Studios confirms acceptance. We must receive and process your payment
before your order is accepted. Please review your order carefully before
submitting, as Novitia Studios may be unable to accommodate cancellation
requests after an order is accepted. In the event that we do not accept,
make a change to, or cancel an order, we will attempt to notify you by
contacting the e‑mail, billing address, and/or phone number provided at
the time the order was made.
Your purchases are subject to return or exchange solely in accordance
with our Return & Refund Policy.
You represent and warrant that your purchases are for your own personal
or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice.
The price charged for a product or service will be the price in effect
at the time the order is placed and will be set out in your order
confirmation email. Unless otherwise expressly stated, posted prices do
not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered
in physical stores or in online or other stores operated by third
parties. We may offer, from time to time, promotions on the Services
that may affect pricing and that are governed by terms and conditions
separate from these Terms. If there is a conflict between the terms for
a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment
and account information for all purchases made at our stores. You agree
to promptly update your account and other information, including your
email address, credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you
provide is true, correct, and complete, (ii) you are duly authorized to
use such credit card for the purchase, (iii) charges incurred by you
will be honored by your credit card company, and (iv) you will pay
charges incurred by you at the posted prices, including shipping and
handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times
are estimates only and are not guaranteed. We are not responsible for
delays caused by shipping carriers, customs processing, or events
outside our control. Once we transfer products to the carrier, title and
risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text,
displays, images, graphics, product reviews, video, and audio, and the
design, selection, and arrangement thereof, are owned by Novitia
Studios, its affiliates or licensors and are protected by U.S. and
foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal,
non-commercial use only. You must not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the material on the
Services without our prior written consent. Except as expressly provided
herein, nothing in these Terms grants or shall be construed as granting
a license or other rights to you under any patent, trademark, copyright,
or other intellectual property of Novitia Studios, Shopify or any third
party. Unauthorized use of the Services may be a violation of federal
and state intellectual property laws. All rights not expressly granted
herein are reserved by Novitia Studios.
Novitia Studios names, logos, product and service names, designs, and
slogans are trademarks of Novitia Studios or its affiliates or
licensors. You must not use such trademarks without the prior written
permission of Novitia Studios. Shopify’s name, logo, product and service
names, designs and slogans are trademarks of Shopify. All other names,
logos, product and service names, designs, and slogans on the Services
are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third
parties as part of the Services, which we neither monitor nor have any
control nor input.
You acknowledge and agree that we provide access to such tools “as is”
and “as available” without any warranties, representations or conditions
of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party
tools.
Any use by you of the optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you
are familiar with and approve of the terms on which tools are provided
by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services
(including the release of new tools and resources). Such new features
shall also be deemed part of the Services and are subject to these Terms
of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided
or operated by third parties (including any embedded third party
functionality). We are not responsible for examining or evaluating the
content or accuracy of any third-party materials or websites you choose
to access. If you decide to leave the Services to access these materials
or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any
third-party websites, or your purchase or use of any products, services,
resources, or content on any third-party websites. Please review
carefully the third-party’s policies and practices and make sure you
understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products and
services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s
relationship with your store and should not be removed or modified.]
Novitia Studios is powered by Shopify, which enables us to provide the
Services to you. However, any sales and purchases you make in our Store
are made directly with Novitia Studios. By using the Services, you
acknowledge and agree that Shopify is not responsible for any aspect of
any sales between you and Novitia Studios, including any injury, damage,
or loss resulting from purchased products and services. You hereby
expressly release Shopify and its affiliates from all claims, damages,
and liabilities arising from or related to your purchases and
transactions with Novitia Studios.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to
our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and
processes personal information about your access to and use of the
Services in order to provide and improve the Services for you.
Information you submit to the Services will be transmitted to and shared
with Shopify as well as third parties that may be located in other
countries than where you reside, in order to provide services to you.
Review our Privacy Policy.for more details on how we, Shopify,
and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas,
suggestions, feedback, reviews, proposals, plans, or other content
(collectively, “Feedback”), you grant us a perpetual, worldwide,
sublicensable, royalty-free license to use, reproduce, modify, publish,
distribute and display such Feedback in any medium for any purpose,
including for commercial use. We may, for example, use our rights under
this license to operate, provide, evaluate, enhance, improve and promote
the Services and to perform our obligations and exercise our rights
under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary
rights to all Feedback; (ii) you have disclosed any compensation or
incentives received in connection with your submission of Feedback; and
(iii) your Feedback will comply with these Terms. We are and shall be
under no obligation (1) to maintain your Feedback in confidence; (2) to
pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that
we determine in our sole discretion to be unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your Feedback will not violate any right of any
third-party, including copyright, trademark, privacy, personality or
other personal or proprietary right. You further agree that your
Feedback will not contain libelous or otherwise unlawful, abusive or
obscene Feedback, or contain any computer virus or other malware that
could in any way affect the operation of the Services or any related
website. You may not use a false email address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the
origin of any Feedback. You are solely responsible for any Feedback you
make and its accuracy. We take no responsibility and assume no liability
for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain
typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product 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 (including after you have submitted your
order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may
not access or use the Services, directly or indirectly: (a) for any
unlawful or malicious purpose; (b) to violate any international,
federal, provincial or state regulations, rules, laws, or local
ordinances; (c) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (d) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or harm any
of our employees or any other person; (e) to transmit false or
misleading information; (f) to send, knowingly receive, upload,
download, use, or re-use any material that does not comply with the
these Terms; (g) to transmit, or procure the sending of, any advertising
or promotional material, including any “junk mail,” “chain letter,”
“spam,” or any other similar solicitation; (h) to impersonate or attempt
to impersonate any other person or entity; or (i) to engage in any other
conduct that restricts or inhibits anyone’s use or enjoyment of the
Services, or which, as determined by us, may harm Novitia Studios,
Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any
other type of malicious code that will or may be used in any way that
will affect the functionality or operation of the Services; (b)
reproduce, duplicate, copy, sell, resell or exploit any portion of the
Services; (c) collect or track the personal information of others; (d)
spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere
with or circumvent the security features of the Services or any related
website, other websites, or the Internet. We reserve the right to
suspend, disable, or terminate your account at any time, without notice,
if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any
part thereof) in our sole discretion at any time without notice, and you
will remain liable for all amounts due up to and including the date of
termination.
The following sections will continue to apply following any termination:
Intellectual Property, Feedback, Termination, Disclaimer of Warranties,
Limitation of Liability, Indemnification, Severability, Waiver; Entire
Agreement, Assignment, Governing Law, Privacy Policy, and any other
provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available
solely for general information purposes. We do not warrant the accuracy,
completeness, or usefulness of this information. Any reliance you place
on such information is strictly at your own risk. We disclaim all
liability and responsibility arising from any reliance placed on such
materials by you or any other visitor to the Services, or by anyone who
may be informed of any of its contents.
Except as expressly stated by Novitia Studios, the services and all
products offered through the services are provided ‘as is’ and ‘as
available’ for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and
non-infringement. We do not guarantee, represent or warrant that your
use of the services will be uninterrupted, timely, secure or error-free.
Some jurisdictions limit or do not allow the disclaimer of implied or
other warranties so the above disclaimer may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent provided by law, in no case shall Novitia Studios,
our partners, directors, officers, employees, affiliates, agents,
contractors, service providers or licensors, or those of Shopify and its
affiliates, be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any
kind, including, without limitation, lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability
or otherwise, arising from your use of any of the services or any
products procured using the services, or for any other claim related in
any way to your use of the services or any product, including, but not
limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the services or
any content (or product) posted, transmitted, or otherwise made
available via the services, even if advised of their possibility.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Novitia Studios,
Shopify, and our affiliates, partners, officers, directors, employees,
agents, contractors, licensors, and service providers from any losses,
damages, liabilities or claims, including reasonable attorneys’ fees,
payable to any third party due to or arising out of (1) your breach of
these Terms of Service or the documents they incorporate by reference,
(2) your violation of any law or the rights of a third party, or (3)
your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure
to promptly notify will not relieve you of your obligations unless you
are materially prejudiced. We may control the defense and settlement of
such claim at your expense, including choice of counsel, but will not
settle any claim requiring non-monetary obligations from you without
your consent (not to be unreasonably withheld). You will cooperate in
the defense of indemnified claims, including by providing relevant
documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined
to be unlawful, void or unenforceable, such provision shall nonetheless
be enforceable to the fullest extent permitted by applicable law, and
the unenforceable portion shall be deemed to be severed from these Terms
of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating rules posted by us
on this site or in respect to the Service constitutes the entire
agreement and understanding between you and us and governs your use of
the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and
us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall
not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your
rights or obligations under these Terms without our prior written
consent, and any such attempt will be null and void. We may transfer,
assign, or delegate these Terms and our rights and obligations without
consent or notice to you.
SECTION 21 - 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
federal and state or territorial courts in the jurisdiction where
Novitia Studios is headquartered. You and Novitia Studios consent to
venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only
and will not limit or otherwise affect these Terms.
SECTION 23 - 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, in our sole discretion, to update, change, or
replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. We will notify you of any material changes to
these Terms in accordance with applicable law, and such changes will be
effective on the date specified in the notice. Your continued use of or
access to the Services following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.