Terms & Conditions
This website is owned and operated by byCynthiamidori LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors custom art and design services, commissioned art services, and created content solely by byCynthiaMidori LLC. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
ACCOUNT REQUIREMENTS
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
KEY COMMERCIAL TERMS OFERED TO CUSTOMERS
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
If a purchase or service request is made that requires a contract, it is your responsibility to read the full contract before making a commitment to signing it.
RETURN & REFUND POLICY
If you are not satisfied with your order or your order appears damaged, items purchased on www.cynthiamidori.com may be returned or exchanged within 5 days of receipt for an item of equal or lesser value or for a credit towards a future purchase. Before returning your item, please first send a brief e-mail to Cynthia@cynthiamidori.com and include your name, the item, and what you prefer in exchange of the returned item (ex. money back or the same product shipped again if your item is damaged). Please note, we cannot accept returns or exchanges for custom illustration orders and commissioned art and designed services. If you are not happy with your custom or commissioned art, you are offered unlimited revisions and have, in writing, already confirmed approval and satisfaction of your piece.
RETENTION & RIGHT TO OFFER CHANGE
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
WARRANTIES & RESPONSIBILITY
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of byCynthiaMidori LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
CONTENT USAGE
Please contact us should you wish to use any of our content or make reference to Cynthia Midori or Cyncerely Yours publicly. Along with seeking our permission we ask that you provide credit for any content you intend to re-use, and hyperlink it to http://cynthiamidori.comif used online. Whenever possible, we are happy to provide high-resolution photographs, and answer any questions you may have at that time.
We reserve the right to request that any third-party remove our content or other copyrighted materials at any time for any reason.
COMMUNITY GUIDELINES
We reserve the right to block, delete, or otherwise restrict comments and posts from our social media channels which contain personal attacks, hateful or divisive speech, profanity – or those which promote a personal, political, or other unrelated business or agenda. We hope this will promote an atmosphere where our friends, customers, and fans can engage in productive and positive conversation.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
indemnification
You agree to indemnify and hold [website owner] harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall by Cynthia Sherry LLC be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, by Cynthia Midori LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
RIGHT TO CHANGE & MODIFY TERMS
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
PROMOTIONAL EMAILS & CONTENT
If you subscribe to the website, you agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
PREFERENCE OF LAW AND DISPUTE RESOLUTION
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The United States Of America, NY without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Queens County. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.