Terms of service

Overview

Welcome to LitEmojis! The terms “we,” “us,” and “our” refer to LitEmojis.

LitEmojis operates this website and online store, including the information, content, features, tools, products, and services made available through it (collectively, the “Services”). Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.

These Terms of Service (“Terms”), together with any policies referenced in them, describe your rights and responsibilities when accessing or using the Services.

Please read these Terms carefully. They contain important information regarding your legal rights, including limitations of liability and warranty disclaimers.

By accessing, interacting with, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you should not access or use the Services.

Section 1 — Access and Accounts

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you are the age of majority and have given permission for any minor dependents under your supervision to use the Services on devices you own or manage.

When accessing the Services or purchasing products, you may be asked to provide information including your name, email address, billing information, payment information, and shipping address. You represent that the information you provide is accurate, current, and complete and that you have the right to provide it.

If you create a customer account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account. You may not sell, transfer, assign, or license your account to another person.

Section 2 — Our Products

We make reasonable efforts to display and describe LitEmojis products accurately. However, colors, brightness, appearance, proportions, and other visual characteristics may appear differently depending on your screen, device, display settings, lighting conditions, and other factors.

LitEmojis products are physical, three-dimensional objects, and photographs or digital representations may not perfectly reproduce their appearance in person.

Many LitEmojis products are manufactured using 3D-printing processes and are individually assembled. Minor variations in surface texture, layer appearance, color, fit, or finish may occur as a normal result of the manufacturing and assembly process. Such minor variations do not necessarily constitute defects.

Product descriptions, specifications, availability, pricing, and other information may be changed at any time without notice. We reserve the right to modify or discontinue products and to limit quantities offered to any person, geographic region, or jurisdiction.

Section 3 — Orders

When you submit an order, you are making an offer to purchase the products in that order. LitEmojis reserves the right to accept, decline, modify, or cancel an order when reasonably necessary.

An order is not considered accepted until we confirm its acceptance and payment has been successfully processed.

Please review your order carefully before submitting it. Once an order has entered processing or production, we may be unable to accommodate changes or cancellation requests.

If we need to modify, decline, or cancel an order, we will attempt to contact you using the information supplied with your order.

Returns, exchanges, and refunds are governed by our Refund Policy.

Unless otherwise agreed in writing, products purchased through the Services are intended for personal or household use and not for unauthorized commercial resale or export.

Section 4 — Prices and Billing

Prices, discounts, promotions, and product availability may change without notice.

The price charged for a product will generally be the price displayed at the time your order is submitted, subject to correction of errors as described in these Terms.

Unless expressly stated otherwise, displayed prices do not include applicable taxes, shipping charges, handling charges, customs duties, import fees, or similar charges.

Prices offered through the LitEmojis online store may differ from prices offered through other sales channels, retailers, events, promotions, or marketplaces.

You agree to provide current, complete, and accurate purchase, billing, payment, and account information.

You represent that you are authorized to use any payment method submitted with an order and agree to pay all charges associated with purchases you make, including applicable shipping charges and taxes.

Section 5 — Shipping and Delivery

Processing, production, shipping, and delivery estimates are estimates only and are not guaranteed unless expressly stated otherwise.

Delivery may be affected by shipping carriers, weather, holidays, customs processing, incorrect or incomplete delivery information, and other circumstances outside our reasonable control.

Please review our Shipping Policy for additional information regarding order processing, shipping, delivery, damaged shipments, and related matters.

Section 6 — Intellectual Property

The LitEmojis website and Services contain intellectual property owned by LitEmojis as well as materials that may be owned by, licensed from, derived from, or otherwise made available by third parties.

The LitEmojis name and logo, original website content, written copy, product photography, graphics, Collector Card designs, packaging artwork, page layouts, promotional materials, original artwork, and other original materials created by or for LitEmojis are owned by LitEmojis or used under applicable rights and are protected by applicable intellectual property laws.

Certain LitEmojis products or visual elements may incorporate, reference, or be based upon third-party or open-source artwork or other materials. Rights in those underlying materials remain with their respective owners and are used subject to applicable licenses, permissions, or other legal rights.

Nothing in these Terms should be interpreted as LitEmojis claiming ownership of third-party intellectual property merely because it appears in, is incorporated into, or is associated with a LitEmojis product.

Except as permitted by applicable law, applicable third-party licenses, or with our prior written permission, you may not reproduce, distribute, republish, commercially exploit, or create unauthorized derivative works from LitEmojis-owned content.

Nothing in these Terms grants you ownership of the LitEmojis name, logo, trademarks, original written content, photography, Collector Card designs, packaging artwork, original graphics, or other proprietary LitEmojis materials.

Third-party names, logos, trademarks, artwork, and other intellectual property remain the property of their respective owners.

Section 7 — Optional Tools

We may provide access to tools, features, or services supplied by third parties over which we do not have control.

Unless otherwise stated, access to such third-party tools is provided “as is” and “as available” without warranties, representations, or endorsements by LitEmojis.

Your use of optional third-party tools is at your own discretion and risk. You should review the terms and policies applicable to those services before using them.

We may introduce additional features, tools, or resources in the future. Unless otherwise stated, those features will be considered part of the Services and subject to these Terms.

Section 8 — Third-Party Links

The Services may contain links to websites, services, resources, or content operated by third parties.

LitEmojis is not responsible for evaluating or guaranteeing the accuracy, availability, content, products, services, security, or practices of third-party websites.

If you choose to access a third-party website or service, you do so subject to that third party’s terms and policies.

Questions or disputes concerning products or services provided directly by a third party should generally be directed to that third party.

Section 9 — Relationship with Shopify

LitEmojis is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with LitEmojis.

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

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with LitEmojis.

Section 10 — Privacy

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our store is powered by Shopify, Shopify also processes certain personal information in connection with your access to and use of the Services. Information submitted through the Services may be transmitted to Shopify and other service providers as necessary to operate the store, process transactions, fulfill orders, provide customer service, prevent fraud, and provide other functionality.

Please review our Privacy Policy for additional information about how personal information is collected, used, disclosed, and protected.

Section 11 — Feedback and Submissions

If you voluntarily submit reviews, suggestions, ideas, comments, photographs, feedback, proposals, or other content to LitEmojis (“Feedback”), you represent that you have the right to provide that Feedback.

Unless otherwise agreed in writing, you grant LitEmojis a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, distribute, adapt, and otherwise use Feedback for purposes related to operating, improving, and promoting LitEmojis and the Services.

You represent that your Feedback will not violate the intellectual property, privacy, publicity, or other rights of another person; contain unlawful, defamatory, abusive, or obscene material; or contain malicious software or code.

You may not impersonate another person or misrepresent the source of Feedback.

You remain responsible for the content and accuracy of Feedback you submit.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to matters including product descriptions, specifications, pricing, promotions, shipping charges, availability, or delivery estimates.

We reserve the right to correct errors, inaccuracies, or omissions and to update information when reasonably necessary.

If an error materially affects an order you have already submitted, we may contact you to correct or cancel the affected order as appropriate.

Section 13 — Prohibited Uses

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations; infringe the intellectual property or other rights of LitEmojis or another party; harass, threaten, defame, abuse, or harm another person; submit false or misleading information; distribute spam or unauthorized promotional materials; impersonate another person or organization; introduce malicious code; collect personal information about others without authorization; interfere with the security or operation of the Services; or engage in conduct that unlawfully restricts another person’s use of the Services.

You may not reproduce, duplicate, copy, extract, sell, resell, or commercially exploit portions of the Services except as expressly permitted.

You may not use automated systems, robots, spiders, scraping technologies, data-extraction tools, artificial-intelligence agents, or similar automated methods to access or interact with the Services in violation of these Terms, applicable law, or technical measures established to control such access.

We reserve the right to restrict or terminate access to the Services if we reasonably determine that these Terms have been violated.

Section 14 — Automated Agents

This section applies when software or a service acting autonomously or semi-autonomously on behalf of a person or organization (“Agent”) accesses or interacts with the Services.

Agents must accurately identify themselves when technically required and must not conceal their automated nature, impersonate human activity, circumvent CAPTCHAs or other access controls, or bypass technical measures designed to regulate automated access.

We may restrict, limit, or prohibit automated access to the Services, including through technical measures.

Section 15 — Termination

We may suspend or terminate access to all or part of the Services when reasonably necessary, including in response to violations of these Terms, suspected fraud, unlawful activity, security concerns, or misuse of the Services.

Termination does not eliminate obligations incurred before termination, including amounts properly owed for purchases.

Provisions that by their nature should survive termination will remain effective after termination, including provisions concerning intellectual property, limitations of liability, indemnification, privacy, and governing law.

Section 16 — Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis except where LitEmojis expressly provides otherwise.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES OR CONDITIONS THAT MAY OTHERWISE APPLY TO THE SERVICES OR PRODUCTS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

Some jurisdictions do not permit certain warranty exclusions or limitations. In those jurisdictions, some of the foregoing provisions may not apply to you.

Nothing in these Terms is intended to exclude or limit rights that cannot lawfully be excluded or limited.

Section 17 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LITEMOJIS AND ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR SIMILAR LOSSES, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

Nothing in these Terms limits liability to the extent that such limitation is prohibited by applicable law.

Section 18 — Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless LitEmojis, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable legal expenses arising from your material violation of these Terms, your violation of applicable law or the rights of another party, or your unlawful misuse of the Services.

We will provide reasonable notice of an indemnifiable claim when practicable and may participate in or control the defense of the claim as permitted by applicable law.

Section 19 — Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

Section 20 — Waiver; Entire Agreement

Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and other terms expressly incorporated by reference, constitute the agreement between you and LitEmojis regarding your use of the Services and supersede prior or contemporaneous agreements or communications concerning the same subject matter.

Section 21 — Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, reorganization, sale of assets, change in business structure, or otherwise as permitted by applicable law.

Section 22 — Governing Law

These Terms and any separate agreements through which LitEmojis provides the Services will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles.

Subject to applicable law, disputes arising from or relating to these Terms or the Services will be subject to the jurisdiction of the appropriate state or federal courts located in Florida.

Nothing in this section is intended to deprive a consumer of rights or protections that cannot be waived under applicable law.

Section 23 — Headings

Headings in these Terms are provided for convenience and organization only and do not limit or otherwise affect the interpretation of these Terms.

Section 24 — Changes to These Terms

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

We may update or modify these Terms from time to time by posting a revised version through the Services.

When required by applicable law, we will provide notice of material changes. Changes will become effective as stated in the applicable notice or, when no additional notice is legally required, when the revised Terms are posted.

Your continued use of the Services following an effective change constitutes acceptance of the revised Terms to the extent permitted by applicable law.

Section 25 — Contact Information

Questions regarding these Terms of Service may be submitted through our Contact page.