Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Shadows & Rainbows. The terms "we," "us" and "our" refer to Shadows & Rainbows. Shadows & Rainbows 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"). Shadows & Rainbows is powered by Shopify, which enables us to provide the Services to you.

The following 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 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 in our online store. However, colors or product appearance may differ from how they appear on your screen due to the device, display settings and configuration you use.

We do not warrant that the appearance or quality of products purchased will exactly match how they appear on a particular screen or device.

All product descriptions 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. Shadows & Rainbows reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Shadows & Rainbows confirms 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 has been accepted.

If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided when the order was placed.

Purchases are subject to our Return and 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 stated in your order confirmation.

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

We may offer promotions that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store and to promptly update this information as necessary.

You represent and warrant that payment information you provide is true, correct and complete, that you are authorized to use the applicable payment method and that charges incurred will be honored by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

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.

Additional information regarding shipping, fulfillment and delivery is available in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, photographs, artwork, graphics, video, audio and the design, selection and arrangement thereof, are owned by Shadows & Rainbows, its affiliates or licensors and are protected by applicable U.S. and international 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 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.

Nothing in these Terms grants you a license or other rights to intellectual property belonging to Shadows & Rainbows, Shopify or any third party.

Unauthorized use of the Services or artwork may violate copyright, trademark or other intellectual property laws. All rights not expressly granted are reserved.

The Shadows & Rainbows name, logo, product names, designs and slogans may not be used without prior written permission where such permission is required.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services over which we have no control or input.

Access to such tools is provided "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement.

Any use of optional third-party tools is at your own risk and discretion. You should familiarize yourself with and approve the terms provided by the applicable third-party provider.

We may offer additional features 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 provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content offered by third parties. Please review third-party policies and practices before engaging in transactions with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Shadows & Rainbows 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 Shadows & Rainbows.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Shadows & Rainbows, 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 Shadows & Rainbows.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy.

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

Information you submit may be transmitted to and shared with Shopify and other service providers, including providers located in other countries, as necessary to provide the Services.

Please review our Privacy Policy for additional information about how personal information is collected, used and shared.

SECTION 11 - 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 and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes related to operating, improving and promoting the Services.

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

We have no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback.

We may monitor, edit or remove Feedback that we determine violates these Terms or applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information available through the Services may occasionally 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 an order has been submitted, to the extent permitted by law.

SECTION 13 - 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 rights, harass or harm others, transmit false or misleading information, distribute malicious software, impersonate another person or entity or engage in conduct that interferes with another person's use of the Services.

You may not reproduce, duplicate, copy, extract, sell, resell or exploit portions of the Services except as expressly authorized.

You may not collect or track personal information of others, spam, phish or attempt to circumvent security, authorization or access-control measures used by the Services.

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

SECTION 14 - AGENTS

This section applies if you use, allow, enable or cause the deployment of an autonomous or semi-autonomous software agent ("Agent") to access, use or interact with the Services.

Agents may not access or interact with the Services in violation of access restrictions or requests that an Agent refrain from accessing the Services.

We may use technical measures to limit whether and how Agents access, use or interact with the Services.

Agents must accurately identify themselves as automated systems and must not conceal or misrepresent their automated nature, circumvent CAPTCHAs or other measures intended to distinguish automated systems from humans or circumvent measures designed to control automated access.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, in our discretion and as permitted by applicable law.

You remain liable for amounts properly due through the effective date of termination.

Provisions that by their nature should survive termination, including provisions concerning intellectual property, liability, indemnification and governing law, will continue to apply.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented through the Services is made available for general informational purposes.

To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided "as is" and "as available" without representations, warranties or conditions of any kind, either express or implied, except as expressly stated by Shadows & Rainbows or required by law.

Some jurisdictions limit or prohibit certain warranty disclaimers. Accordingly, portions of this section may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SHADOWS & RAINBOWS AND ITS PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Shadows & Rainbows, Shopify and our respective 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 or violation of the rights of a third party.

SECTION 19 - SEVERABILITY

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

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

SECTION 20 - 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 through the Services constitute the entire agreement governing your use of the Services and supersede prior or contemporaneous agreements and communications concerning the Services.

SECTION 21 - 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 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by the laws applicable in the jurisdiction in which the business operating Shadows & Rainbows is headquartered, without regard to conflict-of-law principles, except where applicable consumer-protection law requires otherwise.

SECTION 23 - HEADINGS

Headings are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms 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.

Where required by applicable law, we will provide notice of material changes. Continued use of or access to the Services following the effective date of changes constitutes acceptance of those changes to the extent permitted by law.