This website is operated by 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 (the “Company” collectively the “Website”). 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 ( the “Company” ) governing your use of mikarozstudio.ca, mikarozstudio.myshopify.com, and all associated web pages including all information, tools, products, and services owned or used by the Company.
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 the Company.
You represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company.
1.2 Amendment of Terms of Use
These Terms of Use are amended as of March,1 2025. The Company 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 Company 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 Company in writing.
2. Your use of and conduct on the Website
The Website is for your personal and non-commercail 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 to no access this Website to:
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 Company, any other user of the Website, or any third-party into disrepute or causes liability to the Company;
Distribute viruses, malware, or any other technologies that are malicious or that may cause harm to the Company, the Website, other users of the Website, the Company’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 Company under the Terms of Use;
Harvest or collect through any use (including robots, Artificial Intelligence training, 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 respects 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 Company’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 Company immediately if any unauthorized access to your account or the use of your username and/or password, or any breach of security
You may not transfer your account to any other individual without the written consent of the Company.
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 Company 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 Company for any reason without notice at any time. This allows the Company to remove content that is not legal or does not comply with the Terms of Use.
The Company has no obligations, nor any responsibility to monitor the Website or its use, and does not and can not undertake to review User Generated Content. The Company cannot ensure prompt removal of objectionable material including User Generated Content and takes no liability for the action or inaction regarding communication or 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 Company, or any individual;
Any content about the Company, 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 Company, an employee of the Company, 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 Company in its sole discretion, may harm the Company, 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 Company’s sole discretion.
By creating User Generated Content on or through the Website you agree to grant the Company, its successors, the Company’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. 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.
The Company 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, the Company 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 Returns, Exchanges, and Shipping Policies
Related policies for products that are purchased under myshopify.mikarozstudio.com (Starlite Studio | Mikaroz Studio) can be found here:
Commissions and Custom orders are negotiated per contract or invoice and will fall under the agreed upon terms of between the Company and the Client. Please refer to the email confirmation or contract that you have received regarding specific details for your order.
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.
4.3 Use of Third Party
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.
The Company 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.
The Company may use third-party carriers to ship and deliver the products you order. Products you order may be shipped in one or may 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.
The Company 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. The Company 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 Ommissions
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 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. All intellectual property rights and ownership are not transferred when purchased.
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 will not use the artwork or products to train Artificial Intelligence - contact Holly Maria Da Roza for more information on usage at hollym.daroza@mikarozstudio.ca
7.1 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 Company, 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.
You will not 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 of this publication to “train” generative artificial intelligence (AI) technologies to generate text, music, or images is expressly prohibited;
or
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 - Undenfication 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 the Company on, through, or as a result of the Website is provided for general information purposes only and to inform You about the Company and the Company’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 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.
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.