Terms of service

GENERAL INFORMATION

Welcome to MOOD404! The terms "we", "us" and "our" refer to MOOD404. MOOD404 runs this store and website, including all related information, content, features, tools, products and services to offer you, the customer, a select shopping experience (the "Services"). MOOD404 is Shopify Technology, which allows us to offer you the Services.

The following terms and conditions, together with any policies referred to herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty, disclaimer and limitation of liability.

By visiting, interacting with or using our Services, you agree to be subject to these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the legal age of legal age in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Services on the devices you own, purchase or manage.

To use the Services, including access or navigation in our online stores or the purchase of any of

The products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You declare and guarantee that all the information you provide in our store is correct, up to date and complete and that you have all the necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and all your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have done everything possible to have our products and services displayed accurately in our online store. However, keep in mind that the colors or appearance of the product may differ from how they are displayed on your screen due to the type of device you use to access the store and its configuration.

We do not guarantee that the appearance or quality of any product or service you purchase meets your expectations or is the same as shown or presented in our online stores.

All product descriptions may be modified at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product that we offer to any person, geographical region or jurisdiction, individually.

SECTION 3 - ORDERS

When you place an order, you are making a purchase offer. MOOD404 reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until MOOD404 confirms that it accepts it. We must receive and process your payment before accepting your order. You must review your orders carefully before making the purchase, as MOOD404 may not be able to handle the cancellation request after an order is accepted. In the event that we do not accept, make a change or cancel an order, we will try to notify you by contacting you through the email, billing address or phone number you provided us at the time the order was placed.

You can return or make changes to your purchase only in accordance with our refund policy [LINT].

You declare and warrant that your purchase is for your personal or domestic use and not to resell or export it commercially.

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 current price at the time the order is placed and will be indicated in the order confirmation that is sent to you by email. Unless expressly stated otherwise, the published prices do not include taxes, shipping, handling, customs or import charges.

The prices published in our online stores may be different from the prices offered in the physical store or in the online store or other stores operated by third parties. We may occasionally offer promotions on the Services that may affect pricing strategies and are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to quickly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transaction and communicate with you as necessary.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges you incur will be accepted by your credit card company and (iv) you will pay the charges you incur at the posted prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for any delay in shipping and delivery. All delivery times are only estimates and are not guaranteed. We will not be responsible for delays caused by the transport company, customs procedures or events beyond our control. Once we transfer products to the shipping company, the title and risk of loss are transferred to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trademarks, texts, samples, images, graphics, product reviews, videos and audios, and the design, selection and disposition thereof, are the property of MOOD404, its affiliate or licensor and are protected by US patents. US and foreign, copyright and other intellectual property laws.

These Terms allow you to use the Services only for your personal and non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly exhibit, publicly execute, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright or other intellectual property of MOOD404, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted here are reserved by MOOD404.

The names, logos, product and service names, designs and slogans of MOOD404 are registered trademarks of MOOD404 or its affiliate or licensor. You should not use this trademark without the prior written permission of MOOD404. Shopify's name, logo, product and service names, designs and slogans are registered trademarks of Shopify. All other names, logos, product and service names, designs and slogans in the Services are registered trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor or have any control or contribution.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without any endorsement. We will not have any liability derived from or related to your use of optional third-party tools.

Any use you make of the optional tools offered through the site is entirely at your own risk, in addition to your sole discretion and you must ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the launch of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any functionality embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party material or website you choose to access. If you choose to leave the Services to access these materials or third-party sites, you do so at your own risk.

We will not be liable for any damage or prejudice related to your access to any third-party website, or your purchase or use of any product, service, resource or content on any third-party website. Please carefully review the third party's policies and practices and make sure you understand them before making any transaction. Complaints, claims, doubts or questions about third-party products and services should be addressed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE FOR THE ENTREPRENEUR: this section precisely characterizes Shopify's relationship with your store and should not be deleted or modified.]

The MOOD404 operates with Shopify technology, which allows us to offer you the Services. However, any sale or purchase you make in our store is made directly with the MOOD404. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and MOOD404, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly exonerate Shopify and its affiliates of any claim, damage and liability arising from or related to your purchase and transaction with the MOOD404.

SECTION 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be consulted here [LINW], and certain personal information may be subject to Shopify's Privacy Policy, which can be consulted here (https://www.shopify.com/legal/privacy/app-users). By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services to offer and improve our Services. The information you send to the Services will be transmitted and shared with Shopify, in addition to third parties who may be located in a country other than where you reside, in order to offer you the services. Review our Privacy Policy [LINW] for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 - COMMENTS

If you present, upload, publish, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, “comment”), you grant us a perpetual, worldwide, sublicenseable and royalty-free license to use, reproduce, modify, publish, distribute and display such comment in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize and promote the Services and to fulfill our obligations and exercise our rights in accordance with the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights over all comments; (ii) you have disclosed any compensation or incentive received in connection with the submission of your comment; and (iii) that your comment complies with these Terms. We have and will not have no obligation (1) to maintain the confidentiality of your comment; (2) to pay compensation for your comment; or (3) to respond to your comment.

We may, but we have no obligation, to monitor, edit or remove comments that we determine, in our sole discretion, that are illegal, offensive, threatening, slanderous, defamatory, pornographic, obscene or otherwise unacceptable or that violate the intellectual property of any party or these Terms of Service.

You agree that your comment will not infringe any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. In addition, you agree that your comment will not contain defamatory or otherwise illegal, abusive or obscene comments, nor will it contain any computer virus or other malware that may in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself or deceive us or third parties as to the origin of any comment. You are solely responsible for any comment you make and for your accuracy. We assume no responsibility for any comments posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may be related to the product description, pricing strategies, promotions, offers, product shipping charges, transit time and availability. We reserve the right to correct any error, inaccuracy or omission and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (even after you have placed your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any regulation, international, federal, provincial or state law, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, belittle, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit Or seek the delivery of any advertising or promotional material, including any "junk mail", "chain letter", "junk mail" or any other similar request; (h) to impersonate or attempt to impersonate any other person or entity; or (i) participate in any other conduct that restricts or inhibits the use or enjoyment of the Services by any person, or that, as we determine, may harm MOOD404, Shopify or the users of the Services, or expose them to any kind of liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pre-empt the Services; (e) use any robot, spider, scraping, data collection and extraction tools, automatic devices or processes, artificial intelligence tools (such as AI) or automated or manual means to Access the Services; or (f) interfere with, circumvent or circumvent security or authorization functions, robot exclusion header or other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate or cancel your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the implementation of an Agent to access, use, or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or by instruction of any person or entity and that can be executed on behalf of or using the person's device, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, is identified and operated in strict accordance with the requirements of section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.

14.3 We may limit, including by applying technical measures, the access, use and interaction of any Agent with the Services and how it does so.

14.4 Agents must: (i) in any HTTP/HTTPS request, identify that the request comes from an Agent and reveal the name of the Agent including the following in the user-agent field string of the request: "Agent/[agent name]"; (ii) not hide or create confusion about the fact that any access, use or interaction comes from an Agent, such as (a) imitating human behavior and interaction patterns, or (b) completing or evading CAPTCHAs or measures to distinguish computer use from human use, (iii) truthfully answer any question or instruction that seeks to determine whether the interactions Come from a human or a computer, (iv) not evade or otherwise avoid any measure intended to block, limit, modify or control whether the Agents access, use or interact with the Services and how they do so.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain responsible for all amounts owed up to and including the date of termination.

The following sections will continue to apply after any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Discrepancy, Waiver; Full Agreement, Assignment, Applicable Law, Privacy Policy and any other provisions that by their nature should survive the termination.

SECTION 16 - WARRANTY DISCLAIMER

The information presented on or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any trust you place in such information will be strictly at your own risk. We disclaim all liability arising from any reliance placed in such materials by you or any other visitor to the Services, or by any person who may be informed of any of its Contents.

UNLESS THE [ENTREPRENEUR] EXPRESSLY INDICATES IT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, COMMERCIAL QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, INDICATE OR ASSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SAFE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXEMPTION OF LIABILITY FOR IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXEMPTION MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE [ENTREPRENEUR], OUR PARTNERS, DIRECTORS, EXECUTIVES, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATE, SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF INCOME, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COST OR ANY SIMILAR DAMAGE, WHETHER BASED ON THE CONTRACT, GRIEVANCE (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION OF ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU WARN OF YOUR POSSIBILITY.

SECTION 18 - COMPENSATION

You agree to indemnify, defend and hold harmless MOOD404, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by way of reference, (2) your violation of any law or the rights of a third party, or (3) your access and use of the Services.

We will notify you of any claim for compensation, provided that the fact of notifying it promptly does not release you from your obligations unless you suffer material damage. We can control the defense and resolution of such claim at your expense, including the choice of the lawyer, but we will not resolve any claim that entails non-monetary obligations on your part without your consent (which will not be denied without justified reason). It will cooperate in the defense of compensation claims, including providing relevant documents.

SECTION 19 - DISCREPANCY

In the event that any provision of these Terms of Service is determined to be illegal, void or unenforceable, such provision shall, however, be enforceable to the maximum extent permitted by applicable law, and the unenforceable part shall be deemed excluded from these Terms of Service, such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The fact that we do not exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service and any policy or operational rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior or contemporary agreement, communication and proposal, whether oral or written, between you and us (including, but not limited to, any previous version of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that has drafted them.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 - APPLICABLE LAW

These Terms of Service and any separate agreements by which we provide Services to you will be governed by and interpreted in accordance with the federal and state or territorial courts of the jurisdiction where MOOD404 is located. You and MOOD404 accept the personal jurisdiction and jurisdiction of such courts.

SECTION 23 - HEADERS

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

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

You can review the most up-to-date version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting the update and changes on our website. It is your responsibility to check our website periodically to see if there are any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use or access to the Services after posting any change to these Terms of Service constitutes acceptance of such changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to contact@mood404.net.

Below is our contact information:

MOOD404

Contact@mood404.net

6514 Ross Road, apt. 4110, Del Valle TX 78617