OVERVIEW
This website is operated by MashaLitvinova.com, the property of Masha Litvinova LLC, a United States company. Throughout the site, the terms “we”, “us” and “our” refer to MashaLitvinova.com. MashaLitvinova.com offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 years old or have parental consent. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach of any of the Terms will result in an immediate termination of your services.
SECTION 2 - ACCOUNT CREATION
To access certain features of our website, you must create an account. We reserve the right to review, verify, accept, or decline account applications at our sole discretion. You agree to provide accurate and complete information and promptly update us with any changes. Maintain the confidentiality of your account login and password to prevent unauthorized use.
SECTION 3 - INTELLECTUAL PROPERTY
Our prints are digital artwork files available for download, suitable for printing on various textiles and materials. All intellectual property rights for our prints belong to us. Prints must not be:
Reproduced, duplicated, copied, sold, resold, or used on any print-on-demand or similar websites.
Used for distributing artwork, reselling, or further licensing.
White-labeled, private-labeled, or printed on fabric for sale.
Shared on social media before purchase. If shared after purchase, you must tag us and provide proper credit.
You must obtain our prior written consent for any further commercial use of our prints. Contact us at info@mashalitvinova.com for permission. All use of the prints must acknowledge our moral rights, including proper attribution to Masha Litvinova LLC.
SECTION 4 - EXCLUSIVE LICENSE
We provide you with a non-transferable, royalty-free, perpetual, irrevocable license to use our prints on the end-product specified in your purchase order. These end-products may be sold directly to consumers or wholesale under a single brand name. For use under multiple brands, prior written consent from us is required.
If you purchase an exclusive license for a print, we agree not to sell or allow others to use that print under any other brand. However, we may feature the print on our social media and website for promotional purposes and portfolio display.
SECTION 5 - ACKNOWLEDGMENTS WHEN PURCHASING ON OUR WEBSITE
You acknowledge and agree that there may be:
Occasional errors or omissions in print descriptions, pricing, shipping charges, delivery times, availability, and promotions.
Differences in colors and images on your screen compared to the actual prints.
Technical issues in downloading prints, with inherent risks in obtaining digital products (our prints are in Adobe Photoshop format at 300 dpi).
Sales limited to specific regions or groups.
Except as required by law, we do not guarantee the accuracy of the information, colors, images, or availability of the prints.
You also agree that we may display images of the end products and/or design process along with links to your website or social media accounts on our website or social media platforms for promotional purposes.
SECTION 6 - AFTER PURCHASE
After purchasing from our website, please:
Maintain the confidentiality of your account login and password.
Prevent others from using your account or the prints.
Do not reproduce, duplicate, copy, sell, resell, or exploit the print beyond the permitted uses.
Contact us at info@mashalitvinova.com if you encounter any issues with the print or require a refund.
Obtain our written consent before publishing any information about us.
Keep all communications confidential in the event of a dispute.
SECTION 7 - COPYRIGHT AND TRADEMARKS
Unless otherwise indicated, we retain all copyright in the content and design of this website. We either own this copyright or use it under license or applicable law. You may temporarily store a copy of part or the entire website on your local computer for personal viewing and print a single hard copy of a full page for personal use, provided that any copyright notice on such a page is not removed. We reserve all other rights as the copyright owner.
SECTION 8 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. Your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 9 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 10 - UPDATES AND MODIFICATIONS
We may update our website and store information at any time and without prior notice, including:
Changing and updating information, including shipping charges, delivery times, availability, and promotions.
Modifying prices or descriptions of our prints.
Adjusting our range of prints or discontinuing certain prints.
Canceling orders if information is found to be inaccurate.
SECTION 11 - STRICTLY PROHIBITED USES AND LIMITATIONS
Digital Products: Creating digital, non-tangible, or digitally distributable products for commercial use with the licensed artwork is strictly forbidden.
Social Media: Sharing or posting the licensed artwork in its original form at any resolution on social media or online channels is prohibited.
Print On-Demand Services: Allowing others to customize digital or physical end products using the licensed artwork on print-on-demand or made-to-order services is not allowed.
Trademark: The licensed artwork cannot be used as part of a trademark.
Copyright: Claiming the licensed artwork as your own copyrighted work is prohibited.
Resale or Sub-Licensing: Reselling or sublicensing the licensed artwork in its original form or source file format is strictly prohibited.
Competitive Use: Reselling the licensed artwork or its modified form in competition with the original licensed artwork is not allowed.
Wholesalers and Intermediaries: Using the licensed artwork for wholesale distribution of textiles or raw materials is prohibited.
Public Sharing: Sharing the licensed artwork in a way that allows others to download or redistribute it is strictly prohibited.
Falsifying Authorship: Falsely representing authorship or ownership of the licensed asset is not allowed.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or within our Service that contains typographical errors, inaccuracies, or omissions. These 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 if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 14 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
To maintain any comments in confidence.
To pay compensation for any comments.
To respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 15 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MashaLitvinova.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MashaLitvinova.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
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 nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these 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 in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding 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 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 laws of the United States and the State of California.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@mashalitvinova.com. Our contact information is posted below:
Masha Litvinova LLC
info@marshalitvinova.com
620 Jones street, San Francisco, CA 94102
N 202252017414
info@marshalitvinova.com
620 Jones street, San Francisco, CA 94102
N 202252017414