Terms of service
TERMS OF SERVICE
Effective Date: [Insert Date]
1. OVERVIEW
This website is operated by Lush Party Studio (“we”, “us”, “our”). By accessing our website or purchasing products from us, you agree to be bound by these Terms of Service (“Terms”).
If you do not agree to these Terms, you may not access the website or purchase our products.
Our store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services.
2. ELIGIBILITY & ACCEPTABLE USE
By using this site, you confirm that you are at least the age of majority in your jurisdiction.
You may not use our website or products:
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For unlawful purposes
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To violate intellectual property rights
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To copy, exploit, or replicate our designs
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To transmit malicious code
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To scrape, crawl, or harvest content
Violation of these Terms may result in immediate termination of access.
3. PRODUCTS & ORDERS
All products are subject to availability.
We reserve the right to:
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Refuse or cancel any order
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Limit quantities
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Restrict sales to any person or region
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Modify or discontinue products without notice
Prices are subject to change without notice.
All orders must be paid in full prior to production.
4. ACCURACY OF INFORMATION
We strive for accuracy but do not guarantee that product descriptions, pricing, or other content is error-free. We reserve the right to correct errors at any time, including after an order has been placed.
5. INTELLECTUAL PROPERTY RIGHTS
All designs, artwork, graphics, layouts, phrases, product concepts, digital files, images, photographs, and structural configurations created, displayed, or sold by Lush Party Studio are the exclusive intellectual property of Lush Party Studio and are protected under Canadian and international copyright and intellectual property laws.
Purchase of a product grants ownership of the physical item only. No intellectual property rights are transferred.
You may not:
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Reproduce, duplicate, copy, modify, or distribute our designs
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Scan, trace, digitize, or photograph products for replication
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Reverse engineer dimensions, templates, cut files, thickness, sizing proportions, or structural elements
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Manufacture or commission substantially similar products
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Use our products as templates or reference samples for commercial production
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Create derivative works based on our designs
Any unauthorized reproduction or commercial exploitation constitutes infringement and may result in legal action, including injunctive relief, monetary damages, and recovery of legal fees.
5.1 LIQUIDATED DAMAGES FOR INFRINGEMENT
You acknowledge that unauthorized reproduction, replication, reverse engineering, manufacturing, or commercial exploitation of Lush Party Studio designs or products would cause substantial and difficult-to-quantify harm to Lush Party Studio.
Accordingly, in the event of unauthorized commercial reproduction or manufacture of any Lush Party Studio design or product, you agree that Lush Party Studio shall be entitled to liquidated damages in an amount not less than CAD $10,000 per infringed design, in addition to any actual damages, injunctive relief, statutory damages, recovery of profits, and legal fees, as permitted by law.
The parties agree that this amount represents a reasonable pre-estimate of damages and is not a penalty.
6. CUSTOM DESIGN POLICY
All custom designs created by Lush Party Studio remain our exclusive intellectual property unless otherwise agreed to in writing.
Payment covers design time and production of the physical product only. No copyright, licensing rights, or editable files are transferred.
We reserve the right to reuse, modify, reproduce, or incorporate custom designs into future collections unless a written exclusivity agreement has been executed and paid for.
Customers may not reproduce or manufacture custom designs.
7. COMMERCIAL USE RESTRICTION
Products are intended for end-use in events and photo booth experiences only.
Purchase does not grant permission to reproduce, manufacture, template, digitize, distribute, sublicense, or resell designs in product form.
Replication for commercial gain constitutes intellectual property infringement and unfair competition.
8. DESIGN PROOFS & APPROVALS
If digital proofs are provided, it is the customer’s responsibility to review spelling, grammar, dates, colors, and layout carefully.
Once approval is given, Lush Party Studio is not responsible for errors present in the approved proof.
Failure to review proofs does not transfer responsibility to Lush Party Studio.
9. PAYMENT DISPUTES & CHARGEBACKS
By completing a purchase, you agree not to initiate a chargeback or payment dispute without first contacting us to attempt resolution.
Fraudulent or invalid chargebacks will be contested with order documentation, proof approvals, and shipment records.
We reserve the right to pursue recovery of the full order amount, chargeback fees, administrative costs, and legal expenses to the fullest extent permitted by law.
10. LIMITATION OF LIABILITY
All products and services are provided “as is” without warranties except as required by law.
To the maximum extent permitted by applicable law, Lush Party Studio shall not be liable for indirect, incidental, punitive, or consequential damages arising from use of our products or website.
11. INDEMNIFICATION
You agree to indemnify and hold harmless Lush Party Studio from any claims, damages, or expenses arising from your breach of these Terms or misuse of our products.
12. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.
13. DISPUTE RESOLUTION
Any dispute arising out of or relating to these Terms or the purchase of products shall first be addressed through good faith negotiation.
If unresolved, the dispute shall be submitted to binding arbitration in the Province of Quebec, Canada, before a single arbitrator. The arbitration shall be conducted in English and the decision shall be final and binding.
Notwithstanding the foregoing, Lush Party Studio reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction for intellectual property infringement or misuse.
14. SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
15. CHANGES TO TERMS
We reserve the right to update or modify these Terms at any time. Continued use of the website constitutes acceptance of any changes.
16. CONTACT
Questions regarding these Terms should be directed to: