Terms and Conditions
This website is operated by Shmooka LLC, a South Carolina limited liability company. Throughout the site, the terms “we”, “us” and “our” refer to Shmooka. Shmooka.com offers digital files and art prints for the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing one or more digital files and/or art prints from us, you engage in our “Service” and agree to be bound by the following terms and conditions of service (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of our site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website or purchasing any digital files and/or art prints. By accessing or using any part of the site or by purchasing any digital files and/or art prints, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not purchase any digital files and/or art prints or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We recommend you review these Terms of Service each time you purchase any digital files and/or art prints and print a copy of these Terms of Service for your future reference.
SECTION 1 – REPRESENTATIONS REGARDING YOUR USE OF THE SERVICES
By placing an order for digital files and/or art prints through our site, you represent that: (i) you are at least the age of majority in your state or province of residence, or that you are 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 this site; (ii) you are legally capable of entering into binding contracts; (iii) you will not use our products for any illegal or unauthorized purpose or, in the use of this Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 – PERSONAL INFORMATION
You agree to provide us with truthful, complete and accurate details. You further agree to provide us with your details only. You should keep any account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.
SECTION 3 – LICENSE TO USE THE DIGITAL FILES AND FINAL ART
All digital files uploaded by the user and created by shmooka.com may be used for our own promotional purposes.
SECTION 4 – REQUIREMENTS TO ACCESS THE DIGITAL FILE SERVICES
In order to access and download digital files you will need:
- Internet access; and
- A personal desktop computer or mobile device capable of opening the Digital Files, which will be delivered as JPEG files.
You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access digital files (“Digital Prints”) functions correctly with this site.
You acknowledge that due to industry/technology developments, the nature of the digital files offered (including format of files, operating systems, downloading software, etc.) and the system requirements may change from time to time. We will use commercially reasonable efforts to update our site with information relating to system requirements.
SECTION 5 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to the art prints product descriptions, pricing, promotions, offers, 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the art prints and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment, we will contact you to discuss the next steps.
SECTION 7 – CANCELLATIONS AND RETURNS OF DIGITAL FILES
You may not cancel an order by you for any download of a digital file once it has been made available for download by you. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.
We take great care in providing our digital files. In the unlikely event of faults with, or damage to, the digital files, or if you have received a faulty or incomplete digital file, please contact us at email@example.com. We will repair or replace any such faulty or damaged digital file if possible or, if there are continuing issues with the digital file, we may issue you a refund. You must notify us within a reasonable period of time of download of the digital file. If you fail to notify us within a reasonable time, we will have no liability to you. Notwithstanding the foregoing, you understand that your exclusive remedy and our sole obligation for a defective digital file shall be that we will provide a replacement copy of a defective digital file or repair or replace the same.
Please note that we cannot guarantee that the quality or design of any digital file (“Digital Print”) purchased by you will meet your expectations, and any failure to meet your expectations will not be considered a defect for purposes of this section. We will make every effort to apply appropriate colors to the digital files (“Digital Prints”). We cannot guarantee that your computer monitor’s display of any color will be accurate when reviewed.
SECTION 7a –CANCELLATIONS AND RETURNS OF PRINTED PIECES
Once an item is purchased through shmooka.com, the sale is final unless there is a reasonable reason for cancelation or defect of the printed product. All returns will be negotiated via email and if necessary via phone call.
SECTION 8 – OPTIONAL TOOLS
In connection with our provision of the Services, we may provide you with access to third-party tools over 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 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY MATERIALS AND WEBSITES
Certain content, products and services available via our site may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, social media posting, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments 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 comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – VIOLATION OF THESE TERMS OF SERVICE
If you are in breach of, or we suspect you are in breach of, these Terms of Service, then we may take any/all of the following actions:
- issue a warning to you;
- immediate, temporary or permanent withdrawal of your access to your account and/or the site; however, you will remain responsible for any outstanding payments to us for Digital Prints;
- legal action against you;
- disclosure of information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited and we may take any action we reasonably deem appropriate.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service or access will be uninterrupted, timely, secure or error-free.
We may make this site unavailable for indefinite periods of time or cancel the service at any time, without notice to you. You agree you will have no claim against us, in respect of any decision to do so.
You expressly agree that your use of, or inability to use, the service to purchase digital files and/or art prints is at your sole risk. The service and all art prints delivered to you through the service are (except as expressly stated by us) provided 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.
In no case shall Shmooka.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any digital files and/or art prints procured using the service, or for any other claim related in any way to your use of the service or any digital files and/or art prints, 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 service or any content ( digital files and/or art prints ) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shmooka.com and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 – WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
SECTION 15 – NOTICES
All notices given by you to us must be given by email to firstname.lastname@example.org. We will give notice to you at the email address you provide to us as part of the order process or your account registration. Notice will be deemed received and properly served immediately when posted on our site or 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to, and received by, the specified email address of the addressee.
SECTION 16 – EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any delay or failure to perform any of our obligations under these Terms of Service that is caused by events outside our reasonable control (a “Force Majeure Event”), including, but not limited to, acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services.
Our performance under these Terms of Service will be suspended for the period that the Force Majeure Event continues, and we will be entitled to a reasonable extension of time for the performance of our obligations under these Terms of Service after notifying you of the nature of extent of such Event. We will use commercially reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to the Digital Prints may be performed despite the Force Majeure Event.
SECTION 17 – ENTIRE AGREEMENT; SEVERABILITY
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 govern your use of the Service and purchase of the digital file or art prints, 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).
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 18 – 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 laws of the State of South Carolina.
SECTION 19 – QUESTIONS OR COMPLAINTS?
If you have any queries at all regarding this site, the digital files, art prints, or the Terms of Service, please do not hesitate to contact us via e-mail at email@example.com and we will be more than happy to assist you.