Terms and Conditions
Please read these Terms and Conditions ("Terms") carefully before using the Malefic Cameras website and services ("Services") operated by Malefic Cameras ("Malefic," "we," "us," and "our"). These Terms, along with any other supplemental terms, policies, or agreements we provide ("Other Agreements") govern your access to and use of the Malefic Cameras Services. By accessing our website, or using our services, you ("Buyer", and "you") are agreeing to abide by and be bound to these Terms and Other Agreements. If you do not agree with these Terms, please do not use our Services.
"Summary" sections are provided to summarize parts of the Agreement. These sections are not part of the Agreement.
1. Eligibility
To use our Services you must be able to form a legally binding contract with Malefic Cameras. You therefore must be (a) at least 18 years of age, (b) able to enter into a contract, and (c) not prohibited by U.S. or other sanctions. Individuals between the ages of 13 and 17 may use our Services provided their parent or guardian (a) explicitly consents to be bound by our terms, and (b) meets all of the eligibility requirements outlined above.
Summary: You cannot use our site or services if you're not legally allowed to.
2. Privacy Policy
Before you continue using our website we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.
Summary: We have a privacy policy. You should read that as well.
3. Content
Content published on the Services, including but not limited to digital downloads, images, texts, audio, graphics, and video ("Materials") are protected by U.S. copyright law, international conventions and other copyright laws. All Materials are the property of or licensed by Malefic Cameras, and we reserve all rights. Unauthorized use of the Materials is expressly prohibited, and may violate copyright laws, trademark laws, communications regulations and statutes, or other laws without limitation. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use the Materials for any public or commercial purpose. Any reproduction of the Materials on any other web site or networked computer environment for any purpose is prohibited.
Summary: Unless explictly noted, everything on our website is either owned by or licensed to us, and protected by domestic and international intellectual property laws.
4. Terms of Sale
These "Terms of Sale" apply to all orders, and may be supplemented, amended, or superseded by additional terms provided at the point of sale, via invoice, or otherwise communicated prior to purchase.
Summary: This section outlines our base terms of sale, but we may make changes to these terms as necessary during the sales process.
a) Placing Orders
Made-to-Order / Manufactured-to-Order ("MTO"): Items may be purchased directly from our website store by utilizing the online checkout system. Orders shall be considered placed only after payment is secured, and no work will begin prior to receipt of payment in full. MTO orders have an expected time to manufacture of 3-4 weeks unless otherwise stated, and in some circumstances may take longer.
Engineered-to-Order ("Custom"): Orders will be invoiced after the requested work has been reviewed and approved, and all invoices are due upon receipt. Custom orders shall be considered placed only after payment is secured, and no work will begin prior to receipt of payment in full. The time required to design and manufacture Custom orders will be specified on the invoice or Other Agreements to the work.
Summary: Orders are placed only once full payment is received. After your order is placed it will take some time to make your items, so please be patient. If you are ordering something custom we must also approve the request, and we'll give you an estimate time to complete the work.
b) Order Cancellation
MTO: Orders may be cancelled within three (3) days from the date placed for a full refund provided the product has not yet shipped. Cancellation requests not received within three (3) days will be assessed a fee of 25% of the order total. Cancellation requests received after a product has shipped will be denied, and a return request must be made. We reserve the right to cancel MTO orders if we are unable to complete the order for any reason. In the event that Malefic Cameras initiates cancellation, we will notify you and you shall be entitled to a full refund.
Custom: Orders may be cancelled within seven (7) days from the date placed for a partial refund only. Order setup costs, custom material fees, and design work completed at the time of cancellation are not refundable.
Summary: We understand that sometimes you need to cancel an order. Because we manufacture everything to order you have a limited time in which to cancel. After this grace period expires, there will be a fee charged for cancelling work in progress, based on the type of order. We are committed to minimizing plastic waste.
c) Returns and Refunds
MTO: You may request to return an order within fourteen (14) calendar days immediately following the delivery of your order to the shipping address of record. All returned orders must without exception be a) complete of all items originally packaged, including any accessories, gifts, and other items included at no cost regardless if invoiced or not, b) include all materials, documentation, certificates, notices, and invoices, c) be in original packaging, unopened, unaltered, and new, and d) must be shipped within three (3) days of return approval. REFUNDS FOR ACCEPTED RETURNS WILL BE PROCESSED WITHIN TWO (2) WEEKS, AND RETURNED TO THE ORIGNAL METHOD OF PAYMENT. Shipping charges are not refundable. Rejected returns must be collected within thirty (30) days, or are forfeited. Buyer is responsible for all return related shipping charges. Items lost in shipping will not be refunded. Accepted returns may be assessed a fee up to 25% of the order total.
CUSTOM ORDER RETURNS ARE NOT ACCEPTED.
Summary: You must contact us promptly if you wish to return your order, and if approved to do so must ship immediately. Everything must be shipped back to us new and unopened, at your expense. We will only refund to the same method of payment used to make the purchase. We really do not like waste, and you may be charged a fee up to 25% of the order total for a return. Custom orders may not be returned.
d) Color and Material
All colors displayed on the Services, unless otherwise indicated, are representative only. Due to differences in computer displays, calibration, and graphics technology variations, precise color reproduction is not guaranteed. Minor color variation shall not be considered a material defect, and returns due to color variation will be denied. Unless otherwise agreed upon in advance, we may substitute materials of substantially like composition at our discretion, and as we deem required to complete orders.
Summary: What you see on your monitor, for various technical reasons, may not be accurate and we don't consider that a defect. In addition, we may change the materials we use as required.
5. Accounts
You may, but are not required to, register and create an account on our Services. You will be asked to create a user ID and password for such an account. You are solely responsible for your account, securing your login credentials, and all activity that occur under your account. You may not share or transfer your account. You may cancel your account at any time by contacting us through the contact page.
Summary: You aren't required to create an account, and you may cancel it at anytime if you do create one.
6. User Generated Content
Account holders may post content to the Services. By posting, uploading, transmitting, or otherwise storing such "User Content" on or to the Services you are granting Malefic Cameras, and its designees, a royalty free, irrevocable, perpetual, non-exclusive and fully sublicensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the User Content for any and all purposes, including commercial.
Although you are solely responsible for the User Content you submit, we may, but are not required to, monitor and review such User Content. If we are made aware of or otherwise discover your User Content is, in our sole discretion, obscene, lewd, grossly violent, harassing, or otherwise objectionable, we may remove such User Content without notice to you.
Summary: You may post things to our Services, and doing so grants us a license to display the content. If you post things we find objectionable, we may remove it, but we are not required to monitor all content posted.
7. Changes to the Agreement and Communications
We may make changes to our Services and these Terms from time to time, and such changes will be effective immediately. In the event that we determine our Terms have changed materially, we will notify you, and you agree to receive any such notifications electronically. If any notice, disclosures, or other communication is required by law from us in writing, for any reason, you agree to receive such communication electronically at our discretion.
Summary: We may update our Terms and Conditions, and we may send you email for anything required to be sent in writing.
8. Termination
Malefic Cameras may terminate or suspend your access to our Services for any reason, at any time, and without notice to you. You may discontinue your use of our Services at any time. Any licenses granted to Malefic Cameras by you will not be affected by such termination or discontinuation.
Summary: We reserve the right to refuse service to anyone.
9. Governing Law and Jurisdiction
These Terms, Other Agreements, and Services shall be governed by the laws of the State of New York, United States of America. You agree all claims and disputes against Malefic Cameras must be resolved in the state and federal courts located in Dutchess County, New York, or in the United States District Court for the Southern District of New York, unless otherwise agreed upon by all parties, and you waive any objections to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be barred.
Summary: You agree to resolve any dispute according to New York law, in New York courts, and to bring all claims within 1 year.
10. Disclaimer
MALEFIC CAMERAS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TO THE GREATEST EXTENT PERMITTED BY LAW. MALEFIC CAMERAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (D) ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF OUR PRODUCTS. IN NO EVENT SHALL MALEFIC CAMERAS'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING SAID SERVICES OR PURCHASING SAID PRODUCTS.
Summary: Sometimes things happen beyond our control, and we disclaim liability for these things.
11. Indemnification
You agree to indemnify, defend, and hold Malefic Cameras, their affiliates, agents, directors, officers, employees, providers, suppliers, licensors, and licensees harmless from and against all liability, costs and expenses without limitation, incurred in connection with or related to your use of the Services, content you post, or your breach of these Terms.
Summary: If we are sued because of your actions, you will pay our fees, and you will be responsible for all liability of your actions. Please be responsible.
12. General Provisions and Severability
These Terms, together with the Privacy Policy, and Other Agreements incorporated herein by reference, constitute the entire agreement between you and Malefic Cameras with respect to the Services, and supersede any other agreements with respect to the Services. If any term or provision of these Terms is determined to be invalid, illegal, or unenforceable then that provision will be limited or severed to the minimum extend necessary, and shall not affect any other term or provision of these Terms.
Summary: All agreements collectively make up our Terms, and if a word or clause is invalid it doesn't make the entire Terms invalid.