TERMS OF SERVICE

OVERVIEW

Welcome to MALDITO! This website and store are operated by Maldito Studios LLC, doing business as MALDITO. The terms "MALDITO," "we," "us," and "our" refer to Maldito Studios LLC.

Maldito Studios LLC 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"). MALDITO is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, 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 store or purchasing any 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 information you provide 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. However, colors or product appearance may differ from how they appear on your screen due to your device and its settings.

We do not warrant that the appearance or quality of products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

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 quantities offered 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. Maldito Studios LLC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided with the order.

Your purchases are subject to our 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 when the order is placed and will be displayed in your order confirmation.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered through other channels. We may offer promotions that are governed by terms and conditions separate from these Terms. If there is a conflict between promotion-specific terms and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information.

You represent and warrant that payment information you provide is accurate, that you are authorized to use the payment method, and that you will pay all charges incurred at the posted prices, including applicable shipping, handling, and taxes.

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 reasonable control. Once products are transferred to the carrier, title and risk of loss pass to you, except where otherwise required by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and their design, selection, and arrangement, are owned by Maldito Studios LLC, its affiliates, or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except as otherwise permitted by law.

MALDITO's names, logos, product and service names, designs, and slogans are trademarks of Maldito Studios LLC or its affiliates or licensors. You may not use these trademarks without prior written permission.

Shopify's names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other trademarks appearing through the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to customer tools offered by third parties as part of the Services, which we may neither monitor nor control.

You acknowledge and agree that access to such tools may be provided "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement.

Your use of optional third-party tools is at your own risk and discretion, and you should review the terms under which those tools are provided.

We may offer new features, tools, and resources through the Services in the future. Such features will also be considered part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, accuracy, privacy practices, or security of third-party websites you choose to access. If you leave our Services to access third-party websites, you do so at your own risk.

Please carefully review third-party policies and practices before engaging in transactions with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

MALDITO is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our Store are made directly with Maldito Studios LLC.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Maldito Studios LLC, including injury, damage, or loss resulting from purchased products and services.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with MALDITO to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information regarding your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and service providers that may operate in countries other than where you reside.

Please review our Privacy Policy for additional information regarding how Maldito Studios LLC, Shopify, and our service providers process personal information.

SECTION 11 - SMS MARKETING TERMS

By opting in to MALDITO's SMS marketing program, you agree to receive recurring automated marketing and promotional text messages from Maldito Studios LLC, doing business as MALDITO, at the mobile number you provide.

Messages may include product launches, early access, promotions, restock notifications, abandoned cart reminders, and other MALDITO updates.

Consent to receive marketing text messages is not a condition of purchase. Message frequency may vary. Message and data rates may apply.

You may opt out at any time by replying STOP to any text message from MALDITO. After opting out, you may receive a confirmation message. For assistance, reply HELP or contact us at info@shopmaldito.com.

You are responsible for providing a valid mobile number and for notifying us if your mobile number changes.

Carriers are not liable for delayed or undelivered messages.

SECTION 12 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("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 lawful purpose, including commercial purposes.

You represent and warrant that you own or have the necessary rights to your Feedback, have disclosed applicable compensation or incentives, and that your Feedback complies with these Terms.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine violates these Terms or applicable law.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after you have submitted an order, subject to applicable law.

SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services to violate applicable laws or regulations; infringe intellectual property or other rights; harass, abuse, defame, intimidate, or harm another person; transmit false or misleading information; distribute spam or unauthorized promotional material; impersonate another person or entity; introduce malicious software; collect personal information of others without authorization; interfere with security features; or engage in conduct that may harm Maldito Studios LLC, Shopify, or users of the Services.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that you have violated these Terms.

SECTION 15 - AGENTS

This section applies if you use or enable software or services that take autonomous or semi-autonomous actions on behalf of a person or entity ("Agents") to access or interact with the Services.

Agents may not access or interact with the Services in a manner designed to conceal their automated nature, circumvent security measures, bypass CAPTCHAs, or evade restrictions placed on automated access.

We may limit or prohibit how Agents access, use, or interact with the Services.

SECTION 16 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our sole discretion to the extent permitted by applicable law.

You will remain liable for amounts due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply.

SECTION 17 - DISCLAIMER OF WARRANTIES

THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

EXCEPT AS EXPRESSLY STATED BY MALDITO, WE DISCLAIM WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, MALDITO STUDIOS LLC AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, EXCEPT WHERE SUCH LIMITATIONS ARE PROHIBITED BY LAW.

SECTION 19 - INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless Maldito Studios LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims arising from your breach of these Terms, violation of applicable law, violation of third-party rights, or misuse of the Services.

SECTION 20 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms.

Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us constitute the entire agreement between you and Maldito Studios LLC regarding your use of the Services and supersede prior or contemporaneous agreements regarding the Services.

SECTION 22 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services are governed by and construed in accordance with applicable federal law and the laws of the State of Georgia, without regard to conflict-of-law principles.

To the extent permitted by applicable law, you and Maldito Studios LLC consent to venue and personal jurisdiction in the appropriate state and federal courts located in Georgia.

SECTION 24 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 - CHANGES TO TERMS OF SERVICE

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

We reserve the right to update, change, or replace portions of these Terms by posting updates to our website.

We will provide notice of material changes when required by applicable law. Your continued use of the Services following the effective date of changes constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 26 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Maldito Studios LLC
Doing business as MALDITO
1140 Spring Street Northwest
Atlanta, Georgia 30309
United States
Email: info@shopmaldito.com
Phone: +1 678-779-7628