Terms of Use
Effective June 18th, 2024
Your use of www.malou-studio.com (»Website«) is conditioned upon Your acceptance of these legal terms of use including our privacy policy.
Malou Studio reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates. Please check the Terms and Conditions each time you visit the Website for the most current version and information.
After reading these legal terms and conditions of use, if for any reason you do not agree with or cannot abide by these terms of use or our privacy policy, please exit this website. otherwise, by accessing and using this website, you are agreeing to these terms of use and our privacy policy.
Rights to contents and intellectual property
These Terms and Conditions apply to the Website and to all products, services, and content contained herein, whether you access such content directly on this Website, you download such content from this Website, or you use any other service offered by the Company. You are authorized by the Company, provided that you are at least 18 years of age, to access and use the information on the Website, solely for personal, non-commercial use. The information, materials, and products displayed on the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without the Company’s express prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with the Website, and any reproduction or circumvention of the navigational structure or presentation of the Website or its content, is strictly prohibited. You agree not to use the Website for any unlawful purpose.
Use of this Website
Malou Studio maintains this Website for Your personal purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under Malou Studio‘s express written consent. All rights not expressly granted here are reserved to Malou Studio. You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (»Tools«) to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.
Terms of sale
By placing an order for products and/or services from the Company, you are offering to purchase a product and/or service, representing that you are at least 18 years old, representing that all information you provide to us in connection with such order is true and accurate, representing that you are an authorized user of the payment method provided, representing that you accept and agree to these Terms and Conditions, the Privacy Policy, and any other published policy of the Company.
When you submit your order, the Company must receive payment prior to fulfilling your order.
We reserve the right to: refuse any order you place with us; correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; change or update information in connection with any products or services offered; and modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.
Prices
All prices and products advertised, including availability of products, are subject to change. Although the Website is composed with care, it may happen that the information regarding product description or technical specification, pricing or availability on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website. If a product is out of stock, we may still be able to accept your order, but will not charge you for the product until it is back in stock and available to ship. If the price is inaccurate, we will inform you of such pricing discrepancy and await your approval of the amended price prior to continuing with the order process. The images of the products on our Website are for illustrative purposes only. Such illustrations do not guarantee that the product will have the exact appearance, color, function, or origin as show in the illustrations. Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.
Returns & Exchanges
Malou Studio does not accept exchange of any products. Products delivered in a damaged condition are excluded from this rule.
No warranties
Malou Studio does not represent that this website or any content, service or feature of this website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of this website will be provide specific results. This webiste and its content are provided »as is« and »as available« basis without reprensentations or warranties of any kind, either expressed or implied, including but not limited the implied warranties of merchantability, fitness for a particular purpose, non-infringment accuracy. Malou Studio assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.
Limitation of liability
In no event shall Malou Studio, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the
use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.
Indemnification
You agree to defend, indemnify and hold Malou Studio harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney‘s fees, arising from or related to Your use of the Website.
Additional terms and conditions
Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an »Application«), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.
Purchasing for resale
The acquisition of works of art for the purpose of resale requires the prior written consent of Malou Studio.
Communications with this website
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Malou Studio will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority. Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Malou Studio cannot prevent the harvesting of information from this Website, and You may be contacted by Malou Studio or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of Malou Studio, may or may not be posted to this Website at the sole discretion of Malou Studio and may be used by Malou Studio or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Malou Studio is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by Malou Studio without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc. Although Malou Studio may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Website, Malou Studio is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained
in any information within such locations, on the Website. Malou Studio assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website.
Termination
At its sole discretion, Malou Studio may modify or discontinue the Website with or without notice to You and without liability to You or any third party.
United States governing law / void where prohibited
This Website shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the State of Gerogia, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Malou Studio intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. Your information will be transferred to Malou Studio in the United States, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.
California residents
If you are a California resident, you waive California Civil Code Section 1542, which says: »A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.«
If you have any questions about these Terms and Conditions, please write to us at:
Malou Studio LLC, 880 W Peachtree St NW, Suite 2019, Atlanta, GA 30309
- or -
info@malou-studio.com
