Last Updated: 02/28/2023
WIP.LASH STUDIOS – TERMS OF SERVICE
These Terms of Service (“Terms of Service”) are a legal agreement between you and Wip.Lash Studios LLC (“we,” “our,” “us,” and “Wip.Lash Studios”) for access to and use of our services as well as the purchase of goods through our websites (collectively the “Services”).
Our Services currently comprise the following:
Website, which may include a forum, a blog, and other forms of interactive content, platforms, or channels, at wiplashstudios.com (“Website”)
Shop, at wiplashstudios.com/shop (“Shop”)
Newsletter, at wiplashstudios.com/news (“Newsletter”)
Raffles, contests, and other sweepstakes, terms to be found at wiplashstudios.com (“Giveaways”)
Each part, specific feature, or subdomain of our Services may have different rules governing the use and access thereof. In the event of different rules, the specific rules governing only a part of the Service will supersede and govern the Terms of Services. We will, collectively, refer to the aforementioned special rules together with these Terms of Service as the “Agreement.”
Our Services and this Agreement may change at any time. When updated, a corrected date will be provided at the top of this agreement.
You must be at least thirteen years of age to use the Service unless indicated otherwise for subdomains or features of our Service, which may require you to have reached the age of eighteen or majority in your state of residency.
SECTION 1. ACCESS TO AND USE OF OUR SERVICES
1.1 Access and use. Your access and use of our Service are regulated by this Agreement and your continued access and use in the future are subject to your compliance with the terms and conditions hereunder and, if applicable, to any provisions from an additional agreement for any part of the Service. We reserve the right to restrict or temporarily or permanently prohibit your access or use of any part of or the entire Service at any time.
1.2 Availability. We do not promise, guarantee, represent, or warrant availability and access of and to the Services at any given time. You acknowledge that we do not give a guarantee to continuous and uninterrupted performance of the Service. Further, you understand that access to our Services may be limited or interrupted as a result of circumstances beyond our control, for which we are not responsible.
1.3 Support. If you encounter an error in accessing or use with the Service, you can reach out to firstname.lastname@example.org during regular business hours.
1.4 Personal use. The Services are provided to you by us for your personal use. We reserve the right to prohibit any commercial use of our Services by you, including without limitation, requesting that you cease to use or provide a remedy, of any kind, for our damages resulting from your commercial use.
1.5 Social Media. You may have engaged with us through our social media accounts (such as, by way of example, Twitter, TikTok, and or Facebook). Your interaction with us and sharing of information and material with us through our social media accounts are subject to the respective third parties' terms and conditions. We are not liable and do not carry any responsibility for your use of these social media channels. To the extent applicable and permitted by these third parties' terms and conditions, this Agreement applies to your interaction and sharing of material and information with us through these social media accounts. Continued use of our user profiles on social media platforms acts as an acknowledgment of Wip.Lash Studios LLC terms of service and applicable third parties terms and conditions.
SECTION 2. CODE OF CONDUCT
2.1 Code of Conduct. The following rules (“Code of Conduct”) regulate your use of the Service and prescribe certain rules for conduct between you and other customers and Users of our Services (each, a “User,” and collectively, the “Users”) and with us. Therefore, we ask that you conduct yourself in a civilized manner when using and accessing our Services. The list of prohibited behavior below is not exhaustive and may not address all manner of offensive behavior. A breach of this Code of Conduct and beyond can lead to the cancellation of your account and the blocking of your use and access to our Services entirely. If you encounter a breach of this Code of Conduct, immediately inform us.
2.2 Prohibited Behavior. The following is a list of prohibited behavior. The prohibition extends to clear but also masked violations, uploads, and links to websites containing prohibited behavior.
(a) Racial / Ethnic: Language that (a) promotes racial/ethnic hatred; (b) is recognized as a racial/ethnic slur; (c) alludes to a symbol of racial/ethnic hatred.
(b) Extreme Sexuality / Violence: Language that (a) refers to extreme and/or violent sexual acts; (b) refers to extremely violent real-life actions; (c) is pornographic.
(c) Real-Life Threats: Language that refers to violence in any capacity that is not directly related to the Service.
(d) Sexual Orientation: Language that insultingly refers to any aspect of sexual orientation about themselves or other Users.
(e) Hacks, Trojan Horses, or Malicious Programs: Posting links to hacks, or malicious viruses/programs.
(f) Use the Goods that you have purchased for any illegal or unauthorized use or purpose.
(g) Obscene / Vulgar: Language that is an inappropriate reference to human anatomy or bodily functions or is pornographic.
(h) Inappropriate Language: Language that is a mildly inappropriate reference to human anatomy or bodily functions; is otherwise considered objectionable.
(i) Harassing or Defamatory: Language that insultingly refers to other Users or groups of people; results in ongoing harassment of other Users or groups of people.
(j) Major Religions or Religious Figures: Language that negatively portrays major religions or religious figures.
(k) National: Language that promotes national hatred; that is recognized as a national slur; that alludes to symbols of national hatred.
(l) Illegal Drugs or Activities: Language that refers to abusing illegal drugs or to performing illegal activities.
(m) Spamming or Trolling: Excessively communicating the same phrase, similar phrases, or pure gibberish; Creating threads for the sole purpose of causing unrest on the forums; Causing disturbances in forum threads, such as picking fights, making off-topic posts that ruin the thread, insulting other posters; Making non-constructive posts.
(n) Creating Duplicate Threads: Creating threads about existing topics; Creating a separate thread about an existing topic for further discussion in more than one forum.
(o) Cross-Linking Threads: Linking to threads from other forums; Creating threads with the sole purpose of linking another post.
(p) Advertising: This category includes advertisement of any non-beneficial, non-Service related businesses, organizations, or websites.
(q) Your Content must be credited to the author and creator of that content unless the author and creator are you.
(r) Violation of our Community Guidelines, which you can find at https://transparency.fb.com/policies/community-standards/.
SECTION 3. CONTENT OWNERSHIP
3.1 Ownership and License of Materials. All materials contained in our Services (including, without limitation, text, design, graphics, logos, icons, images, audiovisual clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, interview, portfolio photo, if commissioned or created by us), is our property (including its subsidiaries), our licensors’ or of third parties, such as but not limited to materials on websites linked to by the Services or materials by other Users of the Services, and is protected by copyright, trademark, and other applicable laws. By default, you may access, copy, download, print, publicly display, and distribute the material contained in our Services for your personal and non-commercial use, unless we expressly grant you either more extensive rights or restrict these rights. Any other use of material contained in the Services, including but not limited to any commercial use, and the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, information, or software obtained from the Services is prohibited.
3.2 We, our licensors and third parties, such as but not limited to websites linked to by the Services or other Users of the Services, retain complete title to the material provided on the Services, including all associated intellectual property rights, and provide this material to you under a license solely for your use of the Services and which is revocable at any time in our sole discretion. We neither warrant nor represent that your use of materials contained in the Services will not infringe the rights of third parties. You may not use contact information, and any other personal information (as defined here), provided through the Services for unauthorized purposes, including marketing.
3.3 Trademarks. Trademarks, logos, and service marks displayed through Services are our registered and unregistered trademarks, or of our subsidiaries, our licensors or content providers, or of other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.
3.4 Your Content. You are responsible for any communications, images, sounds, or other material and info that you upload or transmit through our Service or transmitted through third-party websites to our Service (your “Content”). Unless expressly stated otherwise, the following rules govern our use of your Content.
(a) You grant us, from the time of uploading or transmission of your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Content, including, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, giving your Content to others, without any compensation to you. You waive any moral rights you may have in your Content to the maximum extent permitted by the laws of your jurisdiction.
(b) We reserve the right to modify and moderate your Content (including the deletion thereof). You are aware and acknowledge that your Content that is hosted by third-party services (for example YouTube, Imgur etc.) will not be stored on our hosts but embedded as an in-line link. You are aware and acknowledge that your Content will be made publicly available through our websites and other Users of the Services will be granted a license to your Content according to Section 4.1 of these Terms of Service.
3.5 Third-Party Links. Our Services may contain links to other websites, which may be operated by us or its affiliates or third parties (e.g. Instagram, Linkedin, or other portfolio platforms). We are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. A link to another website does not constitute an endorsement of that site, or of any product or service offered on that website, by us or our licensors. If you encounter a link that does not comply with the terms and conditions of this Agreement, you are prompted to immediately inform us.
SECTION 4. SHOP TERMS
4.1 Purchase of Goods. Availability. Price and Costs. Shipment.
(a) If you have reached the age of majority in the jurisdiction from where you make your purchase (e.g. eighteen or twenty-one years old) you may, either with an account or, if available at the time of your purchase, as a guest, purchase goods and other items (“Goods”) on display in our Shop. Any Goods displayed are subject to availability and our confirmation of receipt and acceptance of your offer to purchase. Your offer to purchase is binding on you and may not be withdrawn before our rejection.
(b) Your purchase of the Goods requires that you accurately provide your shipping and billing information. We cannot promise actual, timely, or complete fulfillment of your order if the information that you provide to us is not accurate.
(c)You can find current prices and shipment costs at wiplashstudios.com/shop. You agree that you are responsible for payment of shipment and postage, including such costs for refunds. Further, you understand that the price and costs for the purchased Goods and their shipment may change from the time of your purchase and the day of shipment. We reserve the right to reasonably amend the price and increase the costs if such amendment is a result of any cause listed in Section 4.5 or change of market, costs for material, personnel, or logistics, or of inflation, whether such costs or price increases were passed through to us or not.
(d) We promise to use reasonable care when fulfilling your order, selecting the Goods, and providing the Goods to the third-party shipment carrier, but are not responsible that the goods arrive at a time and in a condition after we provided the Goods to a third party for shipment; provided, that the rules for a refund under 4.3 supersede in the event of a conflict.
(e) We may offer discounts (“Discounts”) on the purchase of Goods from time to time. We will use reasonable efforts to provide you with the Goods at the Discount, but cannot promise that at the time of your purchase and our agreement the Discount still applies or is available. At no point are legally bound to provide Goods at a Discount or a formerly advertised Discount or price.
4.2 Security and Collateral. Your Goods will not be processed and fulfilled until fully paid for. If Goods are shipped before full payment, we either, as permitted and required by law, retain ownership in the Goods until receipt of full payment or you grant us a security interest in the Goods, which prevails over any other interest, encumbrance, liens, or claims against the Goods. If we have a security interest, you authorize us to submit such documentation to the relevant and respective authorities to perfect the securities on your behalf.
4.3 Refunds. Purchase of Goods is final and non-refundable unless expressly agreed otherwise or required by law. The moment your order for Goods has been processed by us, and, if permitted by law, is ready for shipment, or, if not permitted by law, upon your receipt of the Goods, you carry the full risk for any damages to or loss of the Goods. If your Goods do not arrive or arrive damaged, we reserve the right to grant a refund. For further support in matters regarding refunds and damaged Goods, please send an email to email@example.com.
4.4 Third-Party Service Providers. Our Shop is run by Wix. Your purchase of Goods through our Shop and your acceptance of these Terms of Service to purchase Goods requires your acceptance and full compliance with the terms and conditions of Wix for use of their platform. Further, the foregoing requirement of compliance with third-party tools, platforms, and service providers for the fulfillment of your purchase of the Goods includes any further third-party service provider required for fulfillment, including, without limitation, payment providers, shipment and logistic companies, insurance companies, and postal services. We cannot promise fulfillment of your order if you do not agree to and comply with their terms and conditions.
4.5 Third-Party Print-on-Demand Providers. Some of our goods are produced through print-on-demand service providers. Orders that are delayed due to production within these service providers are not the responsibility of Wip.Lash Studios LLC.
4.6 Shipment Delay.
You acknowledge that our timely, accurate, and actual delivery of the Goods is subject to the following: You may have ordered Goods that are being developed and created for the first time; your order may be a pre-order and therefore has not yet been produced at the time of your order (which have additional terms, and which govern such purchase in addition); Goods are being developed and shipped from around and across the globe to people in nearby and remote countries; timeliness and completeness of fulfillment of your purchase of the Goods are subject to the current geopolitical issues, whether local or global, such as wars, pandemics, ecological disasters, embargos, and other limitations to global production and fulfillment of purchase of physical goods.
4.7 Prices, Colors, Availability.
All prices listed on the Sites are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, before the acceptance of your order according to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed. We cannot guarantee availability at a particular time, and certain products or services available in our stores might not be available. We reserve the right to change our merchandise, media content, and other products and service offerings at any time. We also reserve the right to change contents, features, and offerings, and adjust the accessibility of the Services from time to time at our discretion.
We will use commercially reasonable efforts to fulfill your purchase of Goods, but do not covenant, guarantee, represent, or warrant that in light of the foregoing circumstances, you will receive your order timely or in a form and manner or look, feel, and condition as promised in our Shop.
4.8 Order Acceptance Policy
Your receipt of electronic or other forms of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit or payment card account in the amount charged for the canceled portion or the quantity not provided (if your credit or payment card has already been charged for the order) or (b) we will not charge your credit or payment card for the canceled portion of the order or the quantity not provided.
SECTION 5. REPRESENTATIONS, WARRANTIES, DISCLAIMER, INDEMNIFICATION
5.1 Representations and Warranties. You warrant that
(a) you have the full right and power to enter into this agreement and perform any of the actions mentioned throughout our Services;
(b) you comply with the entire Agreement and, if applicable, any additional terms;
(c) you comply with all applicable federal, state, and local laws, ordinances, and regulations, as they relate to the Agreement;
(d) you do not undertake any action which infringes third-party rights or constitutes a breach of any contractual obligation to a third party, in particular any third-party service providers, such as but not limited to social media platforms (i.e. Instagram and Facebook);
(e) all information you submit or communicate to us through our Services is truthful, not false, misleading, inaccurate, or constitutes a deceptive or fraudulent act;
(f) you omit any action designed to interfere with the proper function of any software, hardware, or equipment of ours, such as but not limited to uploading software viruses, malware, code, or programs; and
(g) none of your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we won’t be liable for any use or disclosure of your Content, and your Content shall not violate any third-party rights; and
(h) you do not undertake any of the following actions: (a) damage or get unauthorized access to any system, data, password, or other information on; (b) impose an unreasonable load on our infrastructure, or our third-party providers, whereas we reserve the right to determine what’s reasonable; (c) use any kind of software or device, whether it’s manual or automated, to “crawl” or “spider” any part of the Site; (d) take apart or reverse engineer any aspect of the Service, if applicable to access things like source code, underlying ideas, or algorithms.
5.2 DISCLAIMER. THE SERVICE AND THE GOODS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND MADE BEYOND THE TERMS AND CONDITIONS OF THE AGREEMENT.
(a) WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
(b) TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US; THAT THE PLATFORMS AND THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE PLATFORM AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE PLATFORM AND THE SERVICE WILL BE SECURE; THAT THE SERVER THAT MAKES THE PLATFORM AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THE PLATFORM, YOU DO SO AT YOUR DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. ANY GOODS PURCHASED AND SHIPPED ARE SHIPPED AT YOUR EXPENSE AND RISK.
5.3 LIMITATION OF LIABILITY. IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL WE BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS, OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR OR ANOTHER USER ACCESS OR USE OF THE WEBSITES OR SERVICE, YOUR USE OF THE WEBSITE, AND SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. IF ALL OR PART OF THE FOREGOING LIMITATIONS DO NOT APPLY TO YOU, OUR LIABILITY IS LIMITED TO OUR GROSS NEGLIGENCE WITH A FULL EXCEPTION FOR DEATH, HEALTH, AND BODILY HARM.
5.4 Indemnification. Subject to the terms, conditions, express representations, and warranties provided in the Agreement, you agree to indemnify, save and hold us harmless from all damages, liabilities, costs, losses, or expenses (including reasonable attorneys’ fees and costs) which may be incurred as the result of any claim, suit or proceeding brought or threatened against us (each a “Claim”) based on allegations which are inconsistent with any of your representations and warranties made herein or of your breach of this Agreement, except in the event any such Claims, damages, liabilities, costs, losses or expenses arising directly as a result of gross negligence or willful misconduct of us.
SECTION 6. MISCELLANEOUS
6.1 Amending this Agreement. This Agreement and this Section 6.1 cannot be modified by you. We may amend this Agreement at any time. Continued use of the Services constitutes acceptance and agreement with the outlined terms.
6.2 Whole Agreement. This Agreement represents the entire understanding between the parties, superseding all prior and outside agreements between the parties concerning the subject matter contained herein unless expressly stated otherwise.
6.3 Assignment. Any rights granted hereunder are intended for the benefit of the parties to this Agreement and shall not be exercisable by any person who is not a party to this Agreement. You may not assign this Agreement; we may freely assign this Agreement without your consent and at our discretion.
6.4 Jurisdiction. Any dispute under the Agreement, and your relationship with us under the Agreement, shall be governed by the laws of New Hampshire, U.S., without regard to its conflict or choice of laws provisions and any dispute related to the Agreement shall be exclusively resolved in the state, federal, and/or administrative courts in the State of New Hampshire.
6.5 Severability. If any provision in the Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
6.6 Responsible Party. The following Party is the holder of the Services and responsible for your use and access of the Services according to the terms and conditions of this Agreement, and you can reach us at
Wip.Lash Studios LLC
5 Elm Street #757
Sunapee, NH 03782