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Terms of Service

Last Updated: January 1, 2025

Welcome to our store. By using our website and purchasing our products, you agree to comply with and be bound by the following terms and conditions.

1. WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from MELANATED PRINCESS LLC, we collect personal information you provide, such as your name, address, and email address,so we can process your order and provide our services.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address, which helps us learn about your browser and operating system and improve your experience.

With your permission, we may use youremail address to send you marketing emails about our store, new products, and other updates.

2. CONSENT

How do you get my consent?

When you provide personal information to complete a transaction, verify your credit card, place an order, arrange a delivery, or process a return, you consent to our collecting and using that information for
that specific purpose.

If we ask for your information for an additional purpose (such as marketing), we will either ask you directly for your express consent or give you a clear opportunity to decline.

How do I withdraw my consent?

If you change your mind after opting in, you may withdraw your consent for us to contact you, and for our continued collection, use, or disclosure of your information, at any time by contacting us at INFO@MELANATEDPRINCESS.com.

3. DISCLOSURE

We may disclose your personal information if we are required to do so by law or if you violate our Terms of Service

4. SHOPIFY

Our store is hosted on Shopify Inc., which provides the e‑commerce platform that allows us to sell our products and services to you.​
Your data is stored through Shopify’s data storage, databases, and the general Shopify application on secure servers protected by a firewall

5. Payment

If you choose a direct payment gateway to complete your purchase, Shopify stores your credit card data in encrypted form iaccordance with the Payment Card Industry Data Security Standard (PCI-DSS).

Your purchase transaction data is stored only as long as necessary to complete your transaction, after which it is deleted.

All direct payment gateways used by Shopify follow PCI-DSS standards, managed by the PCI Security Standards Council (including brands such as Visa, Mastercard, American Express, and Discover), which help ensure
secure handling of credit card information by our store and its service providers.

​For more information, you can review Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Policy (https://www.shopify.com/legal/privacy)

6. THIRD-PARTY SERVICES

In general, our third-party providers will collect, use, and disclose your information only to the extent needed to perform the services they provide to us.

Some third-party service providers, such as payment gateways and payment processors, have their own privacy policies that govern how they handle the information we must provide to them for your purchase-related
transactions, and you should review those policies to understand how your information will be managed.

Certain providers may be located in, or have facilities in, a different jurisdiction than you or us.

If you proceed with a transaction involving a third-party service provider, your information may be subject to the laws of the jurisdiction where that provider or its facilities are located (for example, United States law, including the Patriot Act, if your payment
is processed there).

Once you leave our store’s website or are redirected to a third-party website or application, this Privacy Policy and our Terms of Service no longer apply, and your use of those sites or apps will be governed by their own policies.

7. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

MELANATED PRINCESS LLC (“we,” “us,” “our”) offers a mobile messaging program (the “Program”) that you may choose to use under these Mobile Messaging Terms and Conditions and our Privacy Policy.

By opting in to or participating in the Program, you agree to these terms, including resolving any disputes through binding,individual arbitration as described in the Dispute Resolution section below.

8. User Opt-In

The Program allows users to receive SMS/MMS mobile messages by affirmatively opting in (for example, through online or in‑app forms).

By joining the Program, you agree that these terms apply to your participation, and you consent to receive autodialed or prerecorded marketing messages at the phone number used to opt in, with the
understanding that your consent is not a condition of any purchase and that message and data rates may apply

9. User Opt-Out

If you no longer wish to participate or no longer agree to these terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE,or QUIT to any message from us to opt out.

You may receive a confirmation message of your opt‑out; other methods (including using different words or verbally requestingremoval) are not considered valid ways to opt out under this Program.

10. Duty to Notify and Indemnify

If you plan to stop using the mobile number associated with the Program (for example, by canceling your service or transferring the number), you agree to complete the opt‑out process before you stop using that
number.

If you fail to do so and someone else later receives messages at that number and brings a claim, you agree to be responsible for all resulting costs and liabilities, including legal fees, and to indemnify, defend,
and hold us harmless from any claims related to your failure to notify us of the change, including claims under the Telephone Consumer Protection Act or similar laws.

11. Program Description

Users who opt in to the Program can receive messages about marketing and sales of our digital and physical products, services, and events.

12. Cost and Frequency

Message and data rates may apply.You may receive recurring mobile messages, as well as additional messages triggered by your interactions with us.

13. Support Instructions

For help with the Program, you can text HELP to the number from which you receive messages or email INFO@MELANATEDPRINCESS.com.

Email is not a valid method for opting out; to stop receiving messages, you must use the opt‑out keywords as described above

14. MMS Disclosure

If your device does not support MMS, the Program may send SMS text messages instead.

15. Disclaimer of Warranty

The Program is provided “as is” and may not always be available in all areas or at all times, for example due to carrier, coverage, or software changes.

We are not responsible for delays or failures in message delivery, which depend on your wireless carrier or network, and carriers (including T‑Mobile) are not liable for delayed or undelivered messages.

16. Participant Requirements

To participate, you must have your own wireless device capable of two‑way messaging, a participating wireless carrier, and an active text‑messaging service plan.

Not all carriers support the services needed to participate, so you should check your device and plan for text messaging capabilities.

17. Age Restriction

You may not use or engage with the Program if you are under 13 years of age.

If you are between 13 and 18 years old, you must have permission from a parent or legal guardian, and by using the Program you confirm that you meet the age requirements and are allowed under the laws of your
jurisdiction to participate.

18. Prohibited Content

You agree not to send any prohibited content through the Program, including:

  • Fraudulent, defamatory, threatening, harassing, or stalking activity
  • Objectionable
    content such as profanity, obscenity, explicit violence, or hate or
    discrimination based on race, sex, religion, nationality, disability,
    sexual orientation, or age
  • Malicious code such as pirated software, viruses, worms, or Trojan horses
  • Any unlawful product, service, or promotion in the place where it is received
  • Content involving protected health information under HIPAA or similar laws
  • Any other content that is prohibited by applicable law in the sending jurisdiction

19. Dispute Resolution

Any dispute, claim, or controversy between you and us, or between you and any third‑party service provider acting on our behalf to transmit Program messages, arising out of or related to this Agreement or the Program, will be resolved by binding arbitration in Philadelphia, Pennsylvania before one arbitrator, to the fullest extent permitted by law.

Arbitration will proceed under the Commercial Arbitration Rules of the American Arbitration Association (AAA), using the substantive law of the federal judicial circuit where MELANATED PRINCESS LLC’s principal place
of business is located, and the arbitrator will decide issues of enforceability and interpretation of this arbitration agreement under the Federal Arbitration Act.

The arbitrator will be selected in accordance with AAA rules, must have at least five years of relevant experience, and may apply the AAA’s
Emergency Measures of Protection rules instead of court‑ordered
emergency relief.

The arbitrator’s decision will be final and binding, with only the limited appeal rights allowed by the Federal Arbitration Act; each party will generally bear its own share of arbitration and administration fees unless the arbitrator orders otherwise in a reasoned decision, and the arbitrator may award attorneys’ fees only if authorized by statute
or contract.

The arbitrator has no authority to award punitive damages, and both parties waive any right to seek punitive damages.

The parties agree to arbitrate only on an individual basis and not as part of any class or representative action; if a dispute proceeds in court for any reason, both sides waive any right to a jury trial.

Except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration without both parties’ written consent, except as needed to protect or pursue a legal right.

If any term of this arbitration section is found invalid or unenforceable in any jurisdiction, the remaining terms will continue in effect, and this arbitration provision will survive any end to your participation in the Program.

20. Miscellaneous

You represent and warrant that you have all necessary rights and authority to agree to these terms and fulfill your obligations, and that doing so does not violate any other agreement to which you are a party.

If either party does not enforce a right under this Agreement at any time, that does not mean the right is waived for the future, and if any provision is found unenforceable, it will be limited or removed only to the minimum extent needed so the rest of the Agreement remains in full force and effect.

Any new features, updates, or improvements to the Program will also be governed by this Agreement unless stated otherwise in writing.

We may change this Agreement from time to time, will inform you of updates, and you are responsible for reviewing the Agreement; by continuing to participate in the Program after changes take effect, you accept the modified terms.

Contact Us

If you have any questions about these Terms of Service, please contact us:

Email: info@melanatedprincess.com