Terms of service
GENERAL OVERVIEW
Welcome to Cybermask. The terms "we" and "our" refer to Cybermask. Cybermask operates this store and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the "Services"). Cybermask is powered by Shopify, which allows us to provide you with the Services.
The following terms and conditions, and all policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.
SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside, and that you have given us your consent to allow any minors in your care to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores is correct, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activity on your account. You may not transfer, sell, or assign your account to another person, nor grant licenses associated with said account.
SECTION 2: OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those displayed in our online stores.
All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction as applicable.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Cybermask reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Cybermask confirms acceptance. We must receive and process your payment for acceptance of your order. Please review your order carefully before submission, as Cybermask may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided when placing the order.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are solely for personal or household use and not for resale or commercial export purposes.
SECTION 4: PRICING AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the one in effect at the time the order is placed and will be set forth in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include charges for taxes, shipping, order processing, customs, or import duties.
Prices posted in our online stores may differ from those offered in physical, online, or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect prices and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account information and other details, such as your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provided is true, correct, and complete; (ii) you are duly authorized to use said credit card for the purchase; (iii) your credit card company will cover the charges you incur; and (iv) you will pay the charges incurred at the posted prices, including any applicable shipping, order processing, and tax charges.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we deliver the products to the carrier, title and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Cybermask, its affiliates, or licensors and are protected by United States and foreign copyright and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material included in the Services without our prior written consent. Unless expressly stated herein, nothing in these Terms grants or shall be construed as granting you a license or any other right with respect to patents, trademarks, copyrights, or any other form of intellectual property of Cybermask, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Cybermask reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of Cybermask are trademarks of Cybermask, its affiliates, or its licensors. You must not use such trademarks without the prior written consent of Cybermask. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be provided access to customer tools offered by third parties over which we exercise no oversight, control, or collaboration.
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 endorsement. We shall not be liable for any issues arising from your use of optional third-party tools.
At your sole discretion, you assume the risk of using optional third-party tools offered through the site, and you must ensure that you are familiar with and approve of the terms under which the third-party providers offer such tools.
In the future, we may also offer new features through the Services (including the release of new tools and resources). These new features shall also be considered part of the Services and shall 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 embedded third-party functionality). We are not responsible for the examination or evaluation of, or for the accuracy of, the materials or websites of third parties that you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not responsible for any harm or damage related to your access to third-party websites or your purchase or use of products, services, or resources from third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to those third parties.
SECTION 9: RELATIONSHIP WITH SHOPIFY
Cybermask is powered by Shopify, which allows us to provide you with the Services. However, any sale and purchase made in our store is conducted directly with Cybermask. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and Cybermask, including injuries, damages, or losses caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Cybermask.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing you with services, the information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries in which you do not reside. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].
SECTION 11: COMMENTS
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Comments"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you possess all necessary rights to all Comments; (ii) you have disclosed any compensation or incentive received in connection with your submission of Comments; and (iii) your Comments will comply with these Terms. We have no obligation to (1) maintain the confidentiality of your Comments; (2) provide compensation for your Comments; or (3) respond to your Comments.
We may, but have no obligation to, monitor, edit, or remove Comments that, in our sole discretion, we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate the intellectual property of any party or these Terms of Service.
You agree that your Comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or property rights. You also agree that your Comments will not contain defamatory or unlawful, abusive, or obscene remarks, nor computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or mislead us or third parties as to the origin of Comments. You are solely responsible for any Comments you make and for their accuracy. We are not responsible for Comments posted by you or by third parties.
SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information about or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders in the event of any inaccuracy in the information, at any time without prior notice (including 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 unlawful or malicious purposes; (b) to violate local, international, federal, provincial, or state regulations, laws, or 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, disparage, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of "junk mail," "chain letters," "spam," or any other similar content; (h) to impersonate or attempt to impersonate any other person or entity; (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by anyone or that, as we may determine, may harm Cybermask, Shopify, or users of the Services, or expose them to liability.
Furthermore, 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 provision of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, engage in phishing, commit pharmaceutical fraud, practice fraudulent staging, engage in spidering, or engage in web crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or close your account at any time without prior notice if we determine that you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or discontinue your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and your liability for all amounts owed through and including the date of termination shall survive.
The following sections shall survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature survives termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented in or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from the reliance placed on such materials by you or any visitor to the Services, or by anyone who may be informed of its content.
UNLESS EXPRESSLY STATED BY Cybermask, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Cybermask, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATED EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF 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 ERRORS OR DAMAGES OF ANY KIND AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Cybermask, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorney's fees, payable to any third party as a result of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or third-party right, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to provide prompt notice shall not relieve you of your obligations unless you have suffered significant damages. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle claims that impose non-monetary obligations on you without your consent (without unjustified delay). You will cooperate in the defense of claims subject to indemnification, for example by providing relevant documents.
SECTION 18: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severable from these Terms of Service; such determination shall not affect the validity or enforceability of any other provision.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the 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 with respect to the Service constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede 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).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and the rights and obligations thereunder without your consent or notice to you.
SECTION 21: 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 federal and state or territorial courts of the jurisdiction in which Cybermask is located. You and Cybermask submit to the jurisdiction and venue of such courts.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23: CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and modifications on our website. It is your responsibility to visit our website periodically to review 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 of or access to the Services after any changes to these Terms of Service constitutes acceptance of such changes.
SECTION 24: CONTACT INFORMATION
Please send any questions about the Terms of Service to thecyberpunkmask@gmail.com.
Our contact information is posted below:
thecyberpunkmask@gmail.com