Terms and Conditions

This website is operated by Holly Maria Da Roza, trading as Mikaroz Studio. Throughout the site, the terms "we", "us" and "our" refer to Mikaroz Studio. Mikaroz Studio offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1. INTRODUCTION

1.1 Acceptance of Terms and Conditions of Use

Please carefully read all of the following terms and conditions of use prior to using our service or accessing website. Your access to this website is subject to these general terms and conditions.

The term "we", "us", and "our" refers to Mikaroz Studio, operated by Holly Maria Da Roza (the "Artist" or "Studio"). The terms "you", "user", "your" refers to yourself the individual accessing this website.

These general terms and conditions of use ( the "Terms of Use", "Terms") constitute a legal agreement between you and Mikaroz Studio, operated by Holly Maria Da Roza ( the "Artist" ) governing your use of mikarozstudio.ca and all associated web pages including all information, tools, products, and services owned or used by the Artist.

By using the Website you engage with our "Services" and/or by accessing the Website is the equivalent of your signature and indicates your acceptance of these terms and conditions that you intend to be legally bound by. If you do not agree with these terms and conditions please do not enquire about any products and/or services offered from this website or described on this website; you should cease using the Website immediately. These electronic Terms of Use shall be the equivalent of a written paper agreement between you and Mikaroz Studio.

You represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Artist.

1.2 Amendment of Terms of Use

These Terms of Use are amended as of March 1, 2025. The Artist reserves the right in its sole discretion to amend these Terms of Use for any or no reason, at any time, and from time to time. Any and all such amendments will be effective from the date they are published and will apply to all access to or continued use of the Website.

By continuing to use or access the Website following such amendment to these Terms of Use, You agree to be bound by the Terms of Use as amended, regardless of whether or not the Artist notified You of such amendments. You agree to periodically review these Terms of Use in order to be aware of any amendments.

No changes to these Terms of Use are valid or have any effect unless agreed to by the Artist in writing.

2. YOUR USE OF AND CONDUCT ON THE WEBSITE

The Website is for your personal and non-commercial use only. You agree that you will access or use the Website for lawful purposes and in accordance with these Terms of Use. By accessing this Website you agree that you will not:

• Violate or promote violation of any government-imposed restrictions or rule or any third-party's rights;

• Impersonate any person or entity, misrepresent your affiliation with a person or entity, or commit an act that brings the Artist, any other user of the Website, or any third-party into disrepute or causes liability to the Artist;

• Distribute viruses, malware, or any other technologies that are malicious or that may cause harm to the Artist, the Website, other users of the Website, Mikaroz Studio's affiliates, or any third-party. This includes any other way to interfere or attempt to interfere with the proper workings of the Website;

• Hack, distribute, transmit, license, sublicense, sell, or create derivative works from or exploit in any way the Website or any content on the Website except as permitted by the Artist under the Terms of Use;

• Harvest or collect through any use (including robots, web scraping, automated data collection, Artificial Intelligence training, machine learning, or any other automatic devices or means) content on the Website or personal information about other users or users of the Website for any purpose.

You further agree with respect to any account you may make on the Website:

• All information you provide is accurate and correct to your current status.

• Any username, password, or information chosen by you or provided to you as part of the Artist's security procedures will be treated as confidential by you and will not be disclosed to any other person or entity;

• You will notify the Artist immediately if any unauthorized access to your account or the use of your username and/or password occurs;

• You may not transfer your account to any other individual without the written consent of the Artist.

3. USER GENERATED CONTENT

You may be able to submit, publish, display, or otherwise transmit content, material, or information to the Website or other users through using Website ("User Generated Content"). You are responsible for all User Generated Content you submit or otherwise transmit on or through the Website.

The Artist will have the following abilities as it falls under their premise:

• Be able to remove, hide, or otherwise alter User Generated Content at the sole discretion of the Artist for any reason without notice at any time. This allows the Artist to remove content that is not legal or does not comply with the Terms of Use.

• The Artist has no obligation to monitor the Website or its use, and does not and cannot review User Generated Content. The Artist cannot ensure prompt removal of objectionable material and takes no liability for any action or inaction regarding content provided by any user of the Website or third-party, subject to applicable laws.

These are the terms in which you agree to by creating User Generated Content on the Website:

• Material does not contain illegal, exploitative, obscene, abusive, violent, pornographic or sexually explicit content;

• Material does not make threatening, abusive, hateful, harassment, violence, or discriminatory remarks or content towards another user, the Artist, or any individual;

• Any content about the Artist, employees, or any other person or entity is not misleading by means of inaccurate or false information;

• You do not attempt to impersonate or impersonate the Artist, an employee of the Artist, or any other person or entity;

• Create interference through your conduct that restricts or inhibits anyone's use or enjoyment of the Website or, as determined by the Artist in its sole discretion, may harm the Artist, Website, any users, or expose either to liability;

• You must not create content to cause annoyance, inconvenience, needless anxiety or upset, or embarrass any other person;

• Material or conduct that is otherwise objectionable, as determined by the Artist's sole discretion.

By creating User Generated Content on or through the Website you agree to grant the Artist, its successors, Mikaroz Studio's affiliates and service providers as necessary; a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, copy, and otherwise disclose for any purpose any User Generated Content you submit or publish on or through the Website. You waive moral rights to any such User Generated Content.

4. SERVICES AND PURCHASES

Certain Services and/or products may be available exclusively online website or through in person offers. These Services and/or products may have limited quantities, opportunities, and availabilities due to the nature of the Services and/or Products.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store.

We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. The Artist reserves the right to pause, modify, or discontinue custom print orders or other offerings at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Mikaroz Studio cannot and does not guarantee or warrant that files or data available for downloading on, through, or as a result of the Website will be free of viruses or other destructive code. You are solely and entirely responsible for Your use of the Website and Your computer, Internet, and data security. To the fullest extent provided by law, Mikaroz Studio will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials that may infect Your computer equipment, computer programs, data, or other proprietary material due to Your use of the Website or any services or items found or attained on, through, or as a result of the Website or to Your downloading of any material posted on or through the Website, or on any website linked to the Website.

4.1 Currency

Commissions and direct quotes for contracted work, commissions, and other custom products are quoted in Canadian Dollars (CAD) unless explicitly stated or invoiced otherwise.

4.2 Ko-fi Payment Platform and Third-Party Terms

Mikaroz Studio uses Ko-fi as a third-party payment processing platform to facilitate purchases and donations. By using Ko-fi to transact with Mikaroz Studio, you acknowledge and agree that:

• Ko-fi's terms of service, privacy policy, and payment processing policies apply to all transactions conducted through their platform;

• Mikaroz Studio is not responsible for Ko-fi's performance, security, service availability, or any issues arising from Ko-fi's systems or policies;

• All payments are processed by Ko-fi and subject to their payment terms. Mikaroz Studio does not collect, store, or have direct access to your payment or credit card information;

• Disputes regarding payment processing, charges, or Ko-fi account issues must be directed to Ko-fi customer support;

• You agree to review and comply with Ko-fi's current terms of service and policies, which may be updated at any time by Ko-fi.

4.3 Returns, Exchanges, and Refund Policy

Related policies for products that are purchased can be found here:

Return & Exchange Policy

Shipping Policy

Custom Orders for Prints: Custom print orders are negotiated per request and will fall under the agreed upon terms between the Artist and the Client. Please refer to the email confirmation or quote that you have received regarding specific details for your custom order, including specifications, pricing, and production timelines.

Refund Policy: For refunds on physical products and custom print orders purchased through Ko-fi, please note that Ko-fi's processing fees are non-refundable. Mikaroz Studio will refund the product cost only, and Ko-fi's transaction fees (typically 3% + payment processor fees) will be deducted from the refund amount. This is due to Ko-fi's payment processing structure and is not within Mikaroz Studio's control.

Custom Print Refunds: Custom print orders are non-refundable once production has begun. Refund requests must be made in writing prior to production commencing to receive a full refund minus Ko-fi's processing fees. Once a custom print order has been produced, printed, or shipped, no refunds will be issued.

Return Shipping: Customers are responsible for return shipping costs. Mikaroz Studio will not cover return shipping unless the product was defective or damaged upon arrival.

Color Accuracy and Print Quality: Mikaroz Studio makes every effort to ensure accurate color representation and high-quality prints. However, colors displayed on digital screens may vary from printed products due to differences in display settings, lighting conditions, and device calibration. Mikaroz Studio is not responsible for color variations between digital images and printed products. If you receive a print that is defective, damaged, or significantly different in quality from what was agreed upon, please contact the Artist immediately within 7 days of receipt for resolution options.

If you have purchased a product or service under a third party affiliate you will need to contact them for more details on their return and refund policies.

4.4 Use of Third Party Services and Carriers

We may use or provide you with access to third party services or tools in order to provide you a feature, Service, or product. The Website or content on the Website may contain links to third-party sites.

Mikaroz Studio may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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. Any use by you of the 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 website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Mikaroz Studio may use third-party shipping carriers, including but not limited to Canada Post, to ship and deliver the products you order. Products you order may be shipped in one or more packages and through various carriers depending on the types of products you order. While we strive for caring for your product, we are not responsible for any loss or damages to any such products after the product is shipped or given to a third-party carrier. Any issues with shipping delays, lost packages, or delivery problems should be directed to the shipping carrier directly.

Mikaroz Studio does not assume responsibility for the accuracy or appropriateness of, and has no control over, the information, data, opinion, advice, or statements contained at such sites, and makes no representations about any such websites that may be accessed from the Website or from any content on the Website. Where You access such sites, You acknowledge and agree You are doing so at Your own risk. Your use of a third-party site may be governed by the terms and conditions of such site.

5. PROTECTION OF PRIVACY

We will respect any certain legal rights you have with respect to your order under applicable consumer law. Mikaroz Studio does not sell any of your information to any third party. For more information please see the link to Privacy Policy.

6. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the 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).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

7. INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP, AND CONTENT PROTECTION

7.1 Copyright and Ownership

All graphics, artworks, information, literature, and products (Property) you access on or through the Website or physical interaction with Mikaroz Studio are protected under copyright and all intellectual property rights and ownership belong to Holly Maria Da Roza and Mikaroz Studio © 2018 - 2025. All rights reserved. All intellectual property rights and ownership are not transferred when purchased.

7.2 Authorized Use Only

This Website and all content contained herein are intended for authorized human users only. Unauthorized access by automated systems, bots, scrapers, or AI training tools is strictly prohibited.

7.3 Permitted Use

When you purchase, access, or obtain any graphic, artwork, information, literature, or product through us:

• You will not redistribute or pass-off our Property or any of our content as your own work;

• You will not rebrand, republish, upload, or claim any of our Property as your own work;

• You may not resell any Property physical or digital as your own work;

• You may not create copies of any Property to sell or give away to any individual;

• You may not copy or alter any Property or graphic on the Website without the consent of Mikaroz Studio;

• You may resell and or give away the original physical product or artwork to another person after purchasing the product or artwork and within the Term of Use;

• You may not resell digital downloads of products;

• You may not use purchased artwork, prints, or digital products to train, fine-tune, or develop artificial intelligence (AI) technologies, machine learning models, or any automated systems designed to generate images, text, music, or other content. This applies to all purchased work, regardless of format (digital, physical, prints, etc.). Any such use is strictly prohibited and constitutes a violation of these terms;

• For physical artwork and prints purchased from Mikaroz Studio, you may display, enjoy, and share personal photographs of your purchase on social media and personal platforms. If you choose to share your purchase publicly, you agree to credit and tag #mikarozstudio or @mikaroz.hd when possible. This helps support the Artist and is greatly appreciated.

7.4 Prohibition on AI Training and Data Harvesting

You will not use the artwork, products, or any content on this Website to train, develop, or improve generative artificial intelligence (AI) technologies, machine learning models, large language models (LLMs), or any other automated systems designed to generate text, music, images, or other derivative works. This prohibition includes but is not limited to:

• Web scraping and data harvesting for any purpose;

• Training datasets for generative AI or machine learning systems;

• Fine-tuning language models, image models, or other AI systems;

• Indexing content for AI retrieval systems;

• Using this publication or any content thereon to "train" generative artificial intelligence (AI) technologies to generate text, music, images, or other creative outputs.

This prohibition is absolute and applies regardless of whether the use is for commercial or non-commercial purposes. Any such unauthorized use is expressly prohibited without prior written consent from Holly Maria Da Roza or Mikaroz Studio.

For inquiries regarding AI model training, licensing agreements, or other usage permissions, contact: Instagram @mikarozstudio or Cara @mikaroz.hd

7.5 Website IP and Content Usage

The Website and all the content of the Website (including without limitation all information, reports, data, databases, graphics, interfaces, web pages, text, files, software, code, product names, company names, trademarks, logos, trade names, any other intellectual property contained on the Website but excluding User Generated Content), the manner in which such content is presented or appears and all information relating thereto, and the Website's features and functionality (collectively, the "Website IP") are owned by the Artist, its licensors, or other providers of such Website IP, and are protected in all forms by intellectual property laws, including without limitation copyright, trademark, patent, trade secret, industrial design, and any other proprietary rights.

We grant you a personal, revocable, non-transferable, and non-exclusive license to access and read the Website IP.

When you access the Website you agree you will not:

• Download, copy, reupload, or republish any artwork, graphics, or information and redistribute or reproduce any of this content as your own.

• Alter any content on the Website.

• Distribute the Website IP for any purpose, including without limitations by compiling an internal database, or by redistributing or reproducing the Website IP by press or media or through any commercial network, cable or satellite system;

• Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, either directly or indirectly, the Website IP in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise;

• Use this publication to "train" generative artificial intelligence (AI) technologies, develop machine learning models, or create any automated systems designed to generate text, music, images, or other derivative works. This prohibition is expressly enforced;

• Allow any third-party to access the Website IP.

8. ENFORCEMENT, SUSPENSION, AND TERMINATION

Mikaroz Studio may in its sole discretion for any or no reason, with or without notice, and at any time perform the following:

• Terminate Terms of Use;

• Limit, suspend, or terminate your access to or use of the Website;

• Take technical and legal steps to prevent you from accessing or using the Website;

• Remove or otherwise modify User Generated Content.

Any such action by Mikaroz Studio shall be in addition to and without prejudice to such rights and remedies as it may be available to us, including injunction and equitable remedies. Any terms of these Terms of Use which are necessary to give effects to the rights of Mikaroz Studio under these Terms of Use of that contemplate survival beyond termination shall survive except to the extent not permitted by law.

9. NO RELIANCE, INDEMNIFICATION, AND SEVERABILITY

Any reliance You may place on the Website or any content available on, through, or as a result of the Website is at Your own risk. Any content provided by Mikaroz Studio on, through, or as a result of the Website is provided for general information purposes only and to inform You about the Artist and Mikaroz Studio's products, news, features, services, and other websites. Such content does not constitute technical, financial, or legal advice, or any other type of advice, and should not be relied on for any purpose. You agree to apply Your own judgment or obtain specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Website or any content on the Website, including User Generated Content, including without limitation the use of the Website or any content on the Website, including User Generated Content, as the basis for any conclusions.

You agree to indemnify, defend and hold harmless Mikaroz Studio, Holly Maria Da Roza, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This includes but is not limited to any claims arising from unauthorized use of Website content for AI training, data harvesting, or other prohibited purposes.

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.

10. NO OFFER OF SALE

Unless explicitly stated, the Website and the content on the Website are not to be construed as an offer to sell any product or service.