Termos de serviço
TERMS OF SERVICE
OVERVIEW
Welcome to CustomJournalCo! Throughout the site, the terms “we”, “us” and “our” refer to CustomJournalCo. CustomJournalCo operates this store and website, including all relevant information, content, features, tools, products, and services available from this site to you, the customer, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here to provide you with a carefully curated shopping experience (the “Service”). CustomJournalCo is powered by Shopify, which enables us to provide the Service to you.
These Terms of Service, together with any policies referenced herein (collectively, "Terms of Service" or "Terms"), set forth your rights and responsibilities when using our Service.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, remedies, and obligations, and cover disclaimers and limitations of liability.
By accessing, using, or interacting with our Service, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Service.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this Service on devices you own, purchase, or manage.
To use the Service, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our store is correct, current, and complete, and that you possess all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or sublicense your account to any other person or entity.
SECTION 2 - OUR PRODUCTS
We have made every effort to display as accurately as possible the colors and images of our products and services that appear at the store. However, please note that due to variations in device types, settings, and configurations used to access the store, the actual colors or appearance of products may differ from what you see on your screen.
We do not warrant that the quality or appearance of any products, services, information, or other material purchased or obtained by you will meet your expectations, or will be identical to the representations shown in our online store.
All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We may, at our sole discretion, limit the sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. CustomJournalCo reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order is only established upon confirmation of acceptance by CustomJournalCo. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it. Once an order is accepted, CustomJournalCo may not be able to accommodate requests for cancellation or modification. If we reject, modify, or cancel your order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchase is eligible for return or exchange strictly in accordance with our Refund Policy. You represent and warrant that your purchases are for your personal or household use only, and not for commercial resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless explicitly stated otherwise, posted prices do not include taxes, shipping, handling, duties, or import fees.
Prices posted on our online store may differ from prices in physical stores, online stores operated by third parties, or other retail outlets. We may from time to time offer promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If the terms of a promotion conflict with these Terms, the promotion terms shall govern.
You agree to provide current, complete, and accurate purchase, payment, 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.
You represent and warrant that (1) the credit card information you supply to us is true, correct, and complete, (2) you are duly authorized to use such credit card for the purchase, (3) charges incurred by you will be honored by your credit card company, and (4) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We shall not be held liable for any delays in shipping or delivery. All delivery timeframes are estimates only and cannot be guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or any circumstances beyond our reasonable control. Title and risk of loss pass to you upon our transfer of the products to the shipping carrier.
SECTION 6 - INTELLECTUAL PROPERTY
Our Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, as well as their design, selection, and arrangement, are owned by CustomJournalCo, its affiliates, or its licensors, and are protected by United States and international patent, copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent. Except as expressly provided, nothing in these Terms shall be construed as conferring any license or right to you under any patent, trademark, copyright, or other intellectual property rights of CustomJournalCo, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. CustomJournalCo reserves all rights not expressly granted herein.
The CustomJournalCo name, logo, product and service names, designs, and slogans are trademarks of CustomJournalCo or its affiliates or licensors. You must not use such marks without the prior written permission of CustomJournalCo. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Service are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools as part of the Service, which we neither monitor nor have any control or input over.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Service (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Service may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Service to access these materials or third-party websites, you do so entirely at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
CustomJournalCo is powered by Shopify, which enables us to provide the Service to you. However, any sales and purchases made in our store are directly between you and CustomJournalCo. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of any sales transaction between you and CustomJournalCo, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or in any way connected with your purchases or dealings with CustomJournalCo.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Service is subject to our Privacy Policy, which can be viewed here [Insert Link]. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
Because the Service is hosted by Shopify, Shopify processes personal information regarding your visit and use of the Service to provide and improve the Service. Information you submit to the Service will be transferred to Shopify and potentially to other third parties located in countries outside your country of residence to facilitate the Service. Please review our Privacy Policy [Insert Link] for detailed information on how we, Shopify, and our partners utilize your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may use the rights granted under this license to operate, provide, evaluate, enhance, improve, and promote the Service, as well as to perform our obligations and exercise our rights under these Terms of Service.
You represent and warrant that: (1) you own or possess all necessary rights to the Feedback; (2) you have disclosed any compensation or incentives associated with submitting the Feedback; and (3) your Feedback complies with the provisions of these Terms. We are under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is 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 Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback 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 Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACCIES, AND OMISSIONS
Occasionally there may be information on our Service 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 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).
SECTION 13 - PROHIBITED USES
You may access and use the Service only for lawful purposes. You shall not, directly or indirectly, access or use the Service: (1) for any unlawful or malicious purpose; (2) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (3) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (4) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (5) to submit false or misleading information; (6) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (7) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (8) to impersonate or attempt to impersonate any other person or entity; or (9) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm CustomJournalCo, Shopify, or users of the Service, or expose them to liability.
Additionally, you agree not to: (1) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website; (2) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Service; (3) collect or track the personal information of others; (4) spam, phish, pharm, pretext, spider, crawl, or scrape; (5) use any robot, spider, automated data gathering and extraction tools, automated device or process, AI tools (such as agentic AI), or other automated or manual means to access the Service; or (6) interfere with, bypass, or circumvent the security features, authorization functions, robot exclusion headers, or other restrictive measures we implement to limit access to the Service. We reserve the right to suspend, disable, or terminate your account at any time without notice if we believe you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or facilitate the deployment of an Agent to access, use, or interact with any Service. An "Agent" means any software or service that can take autonomous or semi-autonomous action on behalf of or under the instruction of any individual or entity, and can perform or use an individual's device without direct supervision.
14.2 No Agent may access, use, or interact with the Service unless it continuously identifies itself and operates strictly in compliance with Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Service if we have requested that Agents do not access, use, or interact with the Service.
14.3 We may restrict any Agent from accessing, using, or interacting with the Service through technical measures or other means.
14.4 An Agent must: (1) disclose in all HTTP/HTTPS requests that the request originates from an Agent, and include the Agent’s name in the request’s User-Agent string in the following format: “Agent/[Agent Name]”; (2) not conceal or obscure the fact that any access, use, or interaction originates from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computers from humans; (3) truthfully answer any questions or prompts designed to determine whether an interaction originates from a human or a computer; (4) not circumvent or otherwise evade any measures designed to block, limit, modify, or control the manner in which the Agent accesses, uses, or interacts with the Service.
SECTION 15 - TERMINATION
We may, in our sole discretion, terminate this agreement or your access to the Service (or any part thereof) at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
Upon termination of the Terms, the following sections shall survive: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other terms which by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information provided through the Service is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
Unless expressly stated otherwise by CustomJournalCo, the Service and all products delivered to you through the Service are 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. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Certain jurisdictions limit or do not allow the exclusion of implied warranties or other types of warranties, so the above disclaimers may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall CustomJournalCo, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, as well as Shopify and its affiliates, 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.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless CustomJournalCo, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims (including reasonable attorneys' fees) made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Service.
We will notify you of any claim requiring indemnification; however, any failure or delay in providing such notice will not relieve you of your indemnification obligations unless you are materially prejudiced as a result. We reserve the right to control the defense and settlement of any such claim at your expense, including the selection of counsel, provided that we will not settle any claim requiring a non-monetary obligation from you without your consent (which shall not be unreasonably withheld). You agree to cooperate with our defense of any claim requiring indemnification, including providing relevant documentation.
SECTION 19 - 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 20 - WAIVER; 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 - 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 shall be null and void. We may transfer, assign, or delegate these Terms, as well as our rights and obligations, without your consent or prior notice.
SECTION 22 - 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 jurisdiction where CustomJournalCo's headquarters is located, without regard to conflict of law principles. You and CustomJournalCo agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within that jurisdiction.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - 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. We will notify you of any material changes to these Terms as required by applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to our Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at mutefinds@gmail.com.
Our contact details are as follows:
[Insert Legal/Trading Name Here]
mutefinds@gmail.com