Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Pocket Masterpieces. Pocket Masterpieces is operated by Nox Venit Corp. The terms "we", "us" and "our" refer to Pocket Masterpieces and Nox Venit Corp.

Pocket Masterpieces operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Pocket Masterpieces is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, 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 our Privacy Policy, you should not use or access our Services.

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 you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors, cropping, positioning or product appearance may differ from how they appear on your screen or from one phone model to another due to device dimensions, camera layouts, screen settings and other product-specific characteristics.

We do not warrant that the appearance or quality of any products or services purchased by you will exactly match how they are depicted or rendered 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 and may limit the quantities of any products that we offer 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. Pocket Masterpieces reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Pocket Masterpieces confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Our products are produced on demand, and Pocket Masterpieces may be unable to accommodate cancellation or modification requests after an order has entered production.

If we do not accept, modify or cancel an order, we will attempt to notify you using the email address or billing information provided at the time the order was placed.

Your purchases are subject to returns, replacements and refunds solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES 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 otherwise expressly stated, posted prices do not include applicable taxes or other charges that may be imposed by law.

Prices posted in our online store may differ from prices offered through third-party platforms or sales channels. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern with respect to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the payment information you provide is true, correct and complete; (ii) you are duly authorized to use the payment method provided; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and other charges, if any.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed.

Pocket Masterpieces products are made to order. Estimated delivery is generally 7–10 business days from the date of order, although actual production and shipping times may vary.

We are not responsible for delays caused by shipping carriers, weather, service disruptions or other events outside our reasonable control.

Shipping availability is limited to locations offered during checkout. An order is not guaranteed to be deliverable to a particular location merely because the website can be accessed from that location.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, branding, text, displays, graphics, product photography, product mockups, video, audio, website design, selection and arrangement of content, are owned by Pocket Masterpieces, Nox Venit Corp, our affiliates or licensors, as applicable, and are protected by applicable intellectual property laws.

Certain artworks depicted in products or informational content may be sourced from third parties or institutions. Nothing in these Terms claims ownership by Pocket Masterpieces or Nox Venit Corp over intellectual property owned by another party.

These Terms permit you to use the Services 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 material from the Services except as permitted by law or with our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property belonging to Pocket Masterpieces, Nox Venit Corp, Shopify or any third party.

Pocket Masterpieces names, logos, product and service names, designs and slogans are trademarks or branding of Pocket Masterpieces, Nox Venit Corp or their licensors, as applicable. You may not use such trademarks or branding without prior written permission.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos, product and service names, designs and slogans appearing through the Services may be trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. To the fullest extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is at your own risk and discretion, and you should ensure that you understand and approve of the terms under which such tools are provided by the relevant third-party provider.

We may in the future offer new features through the Services, including new tools and resources. Such features shall also be deemed part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content offered through third-party websites.

Please carefully review third-party policies and practices before engaging in a transaction with them. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Pocket Masterpieces is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Pocket Masterpieces.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Pocket Masterpieces, including any injury, damage or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Pocket Masterpieces to the fullest extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, including providers that may be located outside the jurisdiction where you reside, as necessary to provide the Services.

Please review our Privacy Policy for more information about how personal information is collected, used and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content to us (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any lawful purpose, including commercial use.

We may, for example, use Feedback to operate, provide, evaluate, enhance, improve and promote the Services.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback where required; and (iii) your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, infringing or otherwise objectionable or in violation of these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive or obscene material or computer viruses or other malware that could affect operation of the Services.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability or other information.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, including after you have submitted an order, to the extent permitted by law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, state or local law, regulation, rule or ordinance;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, threaten, defame, intimidate or harm any person;
(e) to transmit false or misleading information;
(f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms;
(g) to transmit or procure the sending of unauthorized advertising or promotional material, including spam or similar solicitations;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm Pocket Masterpieces, Nox Venit Corp, Shopify or users of the Services.

You also agree not to:

(a) upload or transmit viruses or other malicious code;
(b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services except as permitted by law;
(c) unlawfully collect or track personal information about others;
(d) spam, phish, pharm or pretext the Services;
(e) use automated systems in a manner that violates applicable law, these Terms or technical measures we use to protect the Services; or
(f) interfere with, bypass or circumvent security or authorization features or other measures used to protect the Services.

We reserve the right to suspend, disable or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services.

"Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity.

14.2 No Agent may access, use or interact with the Services in violation of applicable law, these Terms or technical measures implemented to manage automated access.

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses or interacts with the Services.

14.4 Agents must not conceal or misrepresent the automated nature of their interactions, circumvent CAPTCHAs or other access-control measures, or bypass measures intended to limit, modify or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion to the extent permitted by applicable law. You will remain liable for amounts properly due up to and including the date of termination.

The following provisions will continue to apply following termination where applicable: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general informational purposes. We do not warrant the accuracy, completeness or usefulness of information except where otherwise required by law.

Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY POCKET MASTERPIECES OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL POCKET MASTERPIECES, NOX VENIT CORP, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless Pocket Masterpieces, Nox Venit Corp, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party arising out of:

(1) your breach of these Terms of Service or documents incorporated by reference;
(2) your violation of applicable law or the rights of a third party; or
(3) your misuse of the Services.

We will notify you of an indemnifiable claim where reasonably practicable. A failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such a claim at your expense, including choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You agree to reasonably cooperate in the defense of indemnified claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and any unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or relating to the Services constitute the entire agreement and understanding between you and us regarding your use of the Services, superseding prior or contemporaneous agreements, communications and proposals, whether oral or written, relating to the same subject matter.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by law.

We may transfer, assign or delegate these Terms and our rights and obligations to the extent permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles.

Subject to any rights you may have under applicable consumer protection law, you and Nox Venit Corp consent to venue and personal jurisdiction in the state and federal courts located in New York, New York.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect their interpretation.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service on this page at any time.

We reserve the right, in our discretion, to update, change or replace any part of these Terms of Service by posting updates or changes to our website.

Where required by applicable law, we will provide notice of material changes. Changes will become effective on the date specified in the notice or, where no notice is legally required, when the updated Terms are posted.

Your continued use of or access to the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Pocket Masterpieces
Operated by Nox Venit Corp
121 Essex St
New York, NY 10002
United States

Email: info@pocketmasterpieces.com