terms of service

Last Updated: 04.16.2021

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using the smashedstudios.com website (the “Site”) and its related services, products, and software, you agree to be bound by these terms and conditions (the “Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or otherwise interact with the Site. You further agree to be bound by these Terms and to any additional terms or restrictions that may be posted in connection with specific sections or services of this Site. All such additional posted terms and restrictions are hereby incorporated by reference into these Terms. If your use of this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms on its behalf and to bind such business, organization, or entity to these Terms. We may make changes to the Terms at any time. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the Site.

You may not use this Site if you are under the age of 13. If you are between the ages of 13 and 18, you may use this Site only with the approval and supervision of a parent or guardian. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.

Restrictions on Use of Materials

This Site contains certain photographs, images, artwork, text, and other materials (the “SMASHED Content”) that are copyright protected. This Site and the SMASHED Content are the copyrighted property of Smashed Studios, LLC (“SMASHED”) or are being used under license by Smashed Studios. All rights in this Site and the SMASHED Content are reserved worldwide. It is strictly prohibited to download, copy, distribute, print, publish, or otherwise use any portion of the SMASHED Content except as expressly allowed in these Terms.

THE SMASHED CONTENT AND ALL MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THIS SITE OR THE SMASHED CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF THE SMASHED CONTENT OR ANY OTHER MATERIALS ON THIS SITE OUTSIDE OF THE CONDITIONS PROVIDED IN THESE TERMS IS AT YOUR OWN RISK, AND WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, RELATED TO SUCH USE. FURTHERMORE, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MISTAKE BY SMASHED, SHALL SMASHED BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, OUR SITE OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU RELATING TO ALL DAMAGES OR LOSSES THAT YOU ALLEGE RELATING TO YOUR USE OF OUR SITE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT YOU PAID TO SMASHED FOR PRODUCTS PURCHASED FROM OUR SITE.

SMASHED may change, move, or delete portions of, or may add to, this Site from time to time.

Registration on our Site

In order to make it easier for you to save certain settings and information, and to make it easier for you to access and use our Site, you may be offered an opportunity to register for an account on our Site.

You are responsible for the accuracy of any information you enter, and for maintaining the confidentiality of your account and password and for restricting access to your computer or device while it is logged onto our Site. You agree to not share your account credentials with others. Any activities conducted and any orders placed on this Site under your account will be deemed to have been authorized by you. You will be responsible for any such activities.

Purchases on our Site

We try to be as accurate as possible with the information we present on our site. We do not warrant that product descriptions or other content on our Site is accurate, complete, or error free. If an item available for purchase on our Site is not available, or if an offer is misstated or an item is mispriced, we may cancel your order or we may contact you for instructions on the order. Prices and promotions are subject to change.

We may preauthorize your order amount with your credit or debit card prior to charging your account. We are not responsible for any such preauthorization holds, and cannot expedite the removal of these holds with your bank.

Payment
You must pay the order amount in full together with any shipping charges or taxes through the Site by credit card at the time of making the purchase offer with respect to the relevant goods. We accept major credit cards and any other valid payment methods as indicated to you via the Site at the point of payment, but accepts no responsibility for payment errors including as caused or contributed to by your issuing bank, credit card providers, merchant gateways or other payment intermediaries.

Returns
Our refund policy is 30 Days. Unfortunately we can’t offer you a refund or exchange after this period. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

To complete your return, we require a receipt or proof of purchase.

Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at contact@smashedstudios.com and send your item to: PO Box 550532, Dallas, TX 75355.

Reviews

By purchasing an item through our site, you agree to receive an electronic notification to complete a review of purchased item. Purchase, however, does not obligate you to complete the review.

Shipping
Our products are shipped within 2-3 Days using the following carriers: USPS and UPS. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over $50, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Use of Customization Features on our Site

At times, our Site may offer you the ability to upload certain images or content (“User Content”) onto our Site in order to allow you to purchase certain customizable items (“Customized Items”) which will incorporate the User Content.

You agree that all Customized Items are for personal use only, and are not for resale. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we may attempt to notify you using the email address and/or phone number that you provide to us. You will be refunded for any order, or part of any order, that is cancelled by us that you have already been charged for.

All purchases of Customized Items are final. Please carefully review the preview of the Customized Item prior to placing your order. We are not responsible for any errors or defects relating to the Customized Items, including spelling, punctuation or grammatical errors made by you, errors relating to resolution, quality, or coloring of uploaded images, errors in user-selected options, or errors concerning quantity or item type.

You agree that SMASHED has the right to use the User Content to market new products, offers, or other materials to you.

You agree that the User Content will not include any materials that incorporate or otherwise use the copyrighted work of any third party, unless you have obtained an appropriate license or written authorization from the rights owner. You warrant that the User Content does not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel, defame, harass, or threaten any third party. You further warrant that the User Content does not contain any pornographic, abusive, obscene, or otherwise unlawful material. By placing an order on this Site, you warrant that you have the right to authorize us to produce the Customized Items on your behalf.

You agree that at SMASHED’s request, and without further consideration, you will promptly provide SMASHED with reasonable evidence that you have the right to use the User Content in this manner, and agree that SMASHED may provide a copy of these Terms to anyone claiming an infringement of their copyright or other intellectual property rights by your use of the User Content on the Customized Items, or as required by law or as SMASHED reasonably determines to be necessary to protect its rights or the rights of others.

We reserve the right, in our sole discretion, to refuse to process any order at any time for any reason.

Indemnification

You agree that you shall indemnify and defend SMASHED and our directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms or (ii) any suit, claim, or demand arising from or relating to the User Content you uploaded on our Site, or the Customized Items that you ordered from us. You agree to cooperate as fully as reasonably required in the defense of any claim. SMASHED reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Links to Other Web Sites

SMASHED makes no representation whatsoever regarding the content of any other websites which you may access from this site. Such non-SMASHED websites are may be independent from SMASHED, and SMASHED may not necessarily have control over the content on that website. These Terms do not apply to these non-SMASHED websites. Please review the conditions of use for all non-SMASHED websites that you visit for more information about the terms and conditions that apply to your use of those sites. SMASHED does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any non-SMASHED website or its content, products, or services. A link to a non-SMASHED website on this Site does not constitute sponsorship, endorsement, approval or responsibility for such non-SMASHED website by SMASHED.

Contact

For any urgent matters, we can be reached via email at contact [at] smashedstudios.com or via mail at
PO Box 550532
Dallas TX 750355

Governing Law

All issues related to your use of this Site and these Terms shall be governed by the laws of the United States of America, State of New York. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in a court of competent jurisdiction in the State of New York, City of New York, and you agree to this selection of venue and to submit to the jurisdiction of such courts.

SMASHED makes no representations that the SMASHED Content, these Terms, or any materials on this Site are legal or appropriate for use from outside the United States. If you choose to access this Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.

Termination

These Terms are effective unless and until they are terminated by SMASHED. You may refuse to be bound by these Terms at any time by no longer using this Site, provided that all prior uses of this web site shall be governed by these Terms. SMASHED may deny you access to this Site, in SMASHED’s sole discretion, for any reason, including your failure to comply with these Terms in any manner.

Comments

We welcome your feedback about this Site. Should you have any questions or complaints regarding our Site or these Terms, please contact us through this Link.