Terms and Conditions

TERMS OF USE

Welcome to our website. This Terms of Use agreement (“Terms”) is between you (“you” or “your”) and Mode Mischief Studios Pty Ltd (“we,” “our,” “us,” or “Mode Mischief Studios”), and governs your access to and use of our website located at www.modemischiefstudios.com (and any successor site thereto) (the “Site”) and related services, including Mode Mischief Studios’ sale services and the Content (as defined below) (collectively, the “Services”). Each Site is a copyrighted work belonging to us. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the applicable Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

1. Changes

We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links). We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products or Services, and we reserve the right to remove any Content at any time, for any reason, in our sole discretion, and without notice. Mode Mischief Studios will have no liability for any change in the Services or any suspension or termination of your access to Services.

We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. The “Last Updated” legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address provided to Mode Mischief Studios. Your continued use of the Services, including purchasing Products from us, following any changes to these Terms will indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. If you do not agree with the new Terms, you may no longer access or use the Services.

2. Privacy

Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy at Privacy Policy.

3. Sales

If you purchase a Product through the Services, the purchase price for such Product (“Purchase Price”) will be equal to the purchase fee, applicable taxes, and shipping and delivery charges listed on the Service for the applicable Product at the time of purchase. Mode Mischief Studios, at its discretion and without notice, reserves the right to alter the price of the Product in view of the amount or availability of any discount, or the availability of any particular item. You authorize us (or our third-party payment processor) to charge your Payment Method for the Purchase Price when you purchase Products and we will charge your Payment Method the amount of the Purchase Price. We do not make, and expressly disclaim, any warranties of any kind with respect to any Product that you purchase, and such Product is provided on an “AS IS” basis.

4. Shipping

Please review our Shipping Policy at Shipping & Delivery.

5. Returns

Please review our Return Policy at Returns & Exchanges.

6. Ownership

All Content (defined below) included on this Site is and shall continue to be the property of Mode Mischief Studios or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights (“IP”). Any copying, redistribution, use, or publication by you of any such Content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

7. Intended Audience

The Site is intended for adults only. The Site is not intended for any children under the age of 13.

8. Trademarks

Mode Mischief Studios™ and others are either pending trademarks or registered trademarks of Mode Mischief Studios. Other product and company names mentioned on a Site may be trademarks of their respective owners.

9. Site Use

Mode Mischief Studios grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for any commercial use, republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products, or services in violation of any law. The use of this website is at our discretion and we may terminate your use of this Site at any time.

10. Content

Certain materials may be displayed or performed on the Site (including, but not limited to, text, graphics, articles, photographs, video, images, and illustrations (collectively, “Content”)). You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any Content or third-party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third-party right. Mode Mischief Studios reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence) or for no reason at all.

11. User Submissions

We may allow you and other users, at our discretion, to upload, post, or otherwise share to the Site Content, such as but not limited to photos, videos, audio files, feedback, comments, questions, or other information (collectively, “User Submissions”), all subject to other applicable provisions of these Terms. You are solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using the Site, and you represent and warrant that you have all rights necessary to contribute your User Submissions in the manner in which you contribute them, including but not limited to all IP rights. You hereby grant to Mode Mischief Studios an irrevocable, perpetual, nonexclusive, royalty-free, fully paid, worldwide, and transferable license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Submissions, including all associated IP, and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. For clarity, the foregoing license grant to Mode Mischief Studios does not affect your ownership of or right to grant additional (other than exclusive) licenses to the material in your User Submissions, unless otherwise agreed in writing. Mode Mischief Studios may retain your Content even if you are no longer using the Services but is not required to provide copies of your Content to you. Mode Mischief Studios may permanently delete or erase your Content or suspend your access to your User Submissions through the Services at any time and for any reason.

12. Reproduction of Content

By purchasing products from Mode Mischief Studios, you explicitly agree that we may reproduce, use, and share any content you create, post, or submit that features our products, across our social media platforms, website, and other marketing channels. This includes, but is not limited to, photos, videos, testimonials, and any other form of media. You grant us a perpetual, worldwide, royalty-free, and irrevocable license to use this content for promotional and marketing purposes without any further consent from you or any compensation. This consent is granted automatically with your purchase, and no additional actions will be required from you.

13. Your Warranty Regarding Your User Submissions and Use of Site

You warrant, represent, and agree that you will not contribute any User Submissions or otherwise use the Services in a manner that: (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance, or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, embarrassing, bullying, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Mode Mischief Studios; (v) contains a virus, Trojan horse, worm, time bomb, back door, or other harmful computer code, file, or program; (vi) jeopardizes the security of any Mode Mischief Studios’ Site, software, equipment, system, other user, or other resource; (vii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs Mail list, Listserv, or any form of auto-responder or “spam” on the Site, or any processes that otherwise interfere with the proper working of the Site (including by placing an unreasonable load on the Site’s infrastructure); (x) copies or stores any significant portion of the Content; or (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site or any of Mode Mischief Studios’ other services.

14. Responsibility for Content

All User Submissions that you publicly post or privately transmit through the Site are your sole responsibility, and Mode Mischief Studios will not be liable for any errors or omissions in any Content. Mode Mischief Studios cannot guarantee the identity or intentions of any other users with whom you may interact in the course of using the Site or the truth, accuracy, nature, or authenticity of any of their User Submissions. You acknowledge that all User Submissions accessed by you using the Site are at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you or others may interpret and use the Content or what actions you or others may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

15. Third-Party Website Links and Referrals, Products, and Services

The Site may contain links to other websites operated by third parties (“Third-Party Sites”) and referrals to third-party vendors (“Referred Vendors”). Such Third-Party Sites and Referred Vendors, and their products and services (“Third-Party Products and Services”) are not under our control. Mode Mischief Studios provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Sites, Referred Vendors, or Third-Party Products and Services. Your use of these Third-Party Sites, Referred Vendors, and Third-Party Products and Services is at your own risk.

16. Release Regarding Third Parties

Mode Mischief Studios is not responsible for third parties or their products and services, including, without limitation, Third-Party Products and Services, Third-Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. Mode Mischief Studios hereby disclaims, and you hereby discharge, waive, and release Mode Mischief Studios and its licensors and suppliers from any past, present, and future claims, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.

17. Couriers

Mode Mischief Studios may from time to time engage third-party couriers (“Couriers”) to facilitate delivery of Products. Couriers are independent contractors and not employees, partners, agents, joint venturers, or franchisees of Mode Mischief Studios. Mode Mischief Studios shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them. If you opt to have Products delivered by Courier, you agree to bear responsibility for receipt of Products shipped to the delivery location specified at the time of check-out. Mode Mischief Studios highly recommends that you provide a secure location where you can physically receive the Product(s), and Mode Mischief Studios does not bear liability for Products left unattended, by you, a Courier, or otherwise. You hereby acknowledge that Mode Mischief Studios does not supervise, direct, control, or monitor a Courier’s provision of services. Any interactions or disputes between you and a Courier are solely between you and that Courier. Mode Mischief Studios and its licensors shall have no liability, obligation, or responsibility for any interaction between you and any Courier.

18. Ratings and Reviews

Our Services may allow you to rate and post reviews of Products. Any ratings or reviews provided by you are considered User Submissions and are governed by these Terms. Ratings and reviews are not endorsed by Mode Mischief Studios and do not represent the views of Mode Mischief Studios or any affiliate or partner of Mode Mischief Studios. Mode Mischief Studios does not assume liability for any ratings and reviews or for any claims, liabilities, or losses resulting from or relating to ratings or reviews. We reserve the right to modify, remove, or exclude any rating and/or review for any reason at any time, without notice.

19. Consent to Receive Periodic Messages

By using the Services, you consent to receiving communications from us, including informational text messages to your phone number that you provide by any means, including through an automated telephone dialing system. You represent and warrant that you are the owner of the phone number that you provide to Mode Mischief Studios. Standard text messaging and data rates charged by your mobile carrier may apply to text messages we send you, and any and all such charges, fees, taxes, or costs are your sole responsibility. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing [email@example.com]. You acknowledge that opting out of receiving communications may impact your use of the Services. Please note that you will need to opt out of communications for each Service that you may sign up for. You agree to indemnify and hold Mode Mischief Studios harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

20. Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

21. Security

Mode Mischief Studios cares about the integrity and security of your personal information. However, Mode Mischief Studios does not represent, warrant, guarantee, or covenant that no unauthorized third parties will defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

22. Access Outside Certain Countries

Although the Site is accessible through the internet in many countries in the world, you understand and accept that the Site is not designed for use, and you agree not to provide any personally identifiable information to us, whether or not through the Site but including through contributing User Submissions, if you reside outside of Australia. Some or all of the features of the Site may not work or be appropriate for use in other countries. Without limiting the generality of the foregoing, you are not authorized to access the Services outside of Australia if you are a resident of a foreign country that observes privacy laws, rules, and regulations that are more stringent than those promulgated in Australia. If you choose to access the Site from outside Australia, you do so on your own initiative, and you are solely responsible for complying with applicable local law in your country, and you agree to defend, indemnify, and hold harmless Mode Mischief Studios from and against any and all claims, demands, suits, proceedings, losses, liabilities, damages, settlements, fines, penalties, costs, and expenses (including attorney’s fees) (collectively, “Claims”) arising from or relating to any breach by you of this section. To the extent permissible by law, Mode Mischief Studios accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site, Mode Mischief Studios Products, or Services outside Australia. In any event, you will be bound by these Terms wherever you access or use the Site or Services.

23. Indemnification

You agree to defend, indemnify, and hold harmless Mode Mischief Studios and our affiliates, and our and their directors, officers, shareholders, partners, employees, representatives, agents, successors, and assigns from and against any Claims arising out of or related to your violation of these Terms or your use of the Site.

24. Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way without Mode Mischief Studios’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.

25. Disclaimer

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE INFORMATION ON THE SITE, SERVICES, PRODUCTS, CONTENT, AND ANY THIRD-PARTY MATERIALS THAT ARE PROVIDED BY MODE MISCHIEF STUDIOS (AND ITS LICENSORS AND SUPPLIERS) ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. MODE MISCHIEF STUDIOS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE ACCURATE, UNINTERRUPTED, TIMELY, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MODE MISCHIEF STUDIOS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

26. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL MODE MISCHIEF STUDIOS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR ANY CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.

27. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

28. Applicable Law

You agree that the laws of the state of Victoria, Australia, without regard to conflict of laws provisions, will govern these Terms and Conditions of Use and any dispute that may arise between you and Mode Mischief Studios or its affiliates.

29. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY.

Agreement to Arbitrate Disputes. Except as provided below, you and Mode Mischief Studios agree that any dispute, claim, or controversy arising out of or relating in any way to the Products and/or Services, these Terms, the Product Terms and Conditions, the Limited Warranty, or this Arbitration Agreement shall be determined by binding arbitration by a single arbitrator in accordance with this Section (“Arbitration Agreement”). Arbitration is generally more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Where so authorized, arbitrators can award the same damages and relief that a court can award. BY AGREEING TO THESE TERMS, YOU AGREE THAT THE AUSTRALIAN ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT, AND THAT YOU AND MODE MISCHIEF STUDIOS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Arbitration Agreement shall survive termination of the Terms.

Arbitration Notice. If you elect to seek arbitration, you must first send to Mode Mischief Studios, by certified mail, a written notice of your claim (“Arbitration Notice”). The Arbitration Notice to Mode Mischief Studios must be addressed to: Mode Mischief Studios Pty Ltd – Legal Department, 345 Flinders Ln, Melbourne, VIC 3000, Australia. Except as provided below, if Mode Mischief Studios initiates arbitration, it will send a written Arbitration Notice to the email address used for your Mode Mischief Studios account. An Arbitration Notice, whether sent by you or by Mode Mischief Studios, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Mode Mischief Studios and you do not reach an agreement to resolve the claim within 30 days after the Arbitration Notice is received, you or Mode Mischief Studios may commence an arbitration proceeding by thereafter filing a copy of the Demand with the Australian Dispute Resolution Association (“ADRA”) at the following ADRA office nearest to the hearing location specified below (“Arbitration Notice Address”).

Filing Fees. You may download or copy a form Arbitration Notice and a form to initiate arbitration at www.adr.org.au. If you are required to pay a filing fee, after Mode Mischief Studios receives notice from the ADRA that you have commenced arbitration by filing your Demand at the Arbitration Notice Address, Mode Mischief Studios will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than AUD$10,000, in which event you will be responsible for filing fees.

Australian Dispute Resolution Association. The arbitration will be governed by the Consumer Arbitration Rules (collectively, “ADRA Rules”) of the ADRA, as modified by this Agreement, and will be administered by the ADRA. The ADRA Rules and Forms are available online at www.adr.org.au, by calling the ADRA at 1-800-778-7879 during normal business hours, or by writing to the Arbitration Notice Address. Unless otherwise agreed to, all arbitration proceedings shall be held in English. The arbitrator is bound by the terms of this Agreement which shall govern over the ADRA Rules and the Australian Arbitration Act. Except as provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. Unless Mode Mischief Studios and you agree otherwise, any arbitration hearings will take place in Melbourne, Victoria.

Telephonic/In-Person Hearing. If the Demand is for AUD$10,000 or less, the arbitration will be conducted, at the option of the party that made the first Demand, solely on the basis of documents submitted to the arbitrator, or through a telephonic hearing, or through a hearing by videoconference. If the Demand exceeds AUD$10,000, the right to a hearing will be determined by the ADRA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall have the authority to grant motions dispositive of all or part of any claim, to award monetary damages, and to grant any non-monetary remedy or relief available to a single individual or entity (and not a class or as a private attorney general) under applicable law, the ADRA Rules, and the Terms. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the ADRA Rules. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. For the avoidance of doubt, the foregoing shall not prevent a party from submitting to a court of law information necessary to enforce this Agreement or an arbitration award, or to seek injunctive or equitable relief as may be permitted by these Terms.

Claims Only In Individual Capacity. YOU AND MODE MISCHIEF STUDIOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and Mode Mischief Studios agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Changes to Arbitration Agreement. If Mode Mischief Studios makes any changes to this Arbitration Agreement (other than a change to its Arbitration Notice Address or other contact information), you may reject any such change by sending us written notice within 30 days of the change to Mode Mischief Studios at its address specified above. By rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement, as modified by any changes you did not reject.

Limitation of Liability and Waiver of Legal Claims

To the fullest extent permitted by applicable law:

  1. No Legal Action: By purchasing products from Mode Mischief Studios, you agree that any and all disputes, claims, or controversies arising out of or related to your purchase, including any claims for product defects, misrepresentation, or any other reason, shall be resolved exclusively through binding arbitration as outlined in the Arbitration Agreement above. You expressly waive any right to bring legal action in court, including but not limited to, claims for damages, product liability, or breach of warranty.

  2. Waiver of Class Action and Jury Trial: You waive the right to participate in any form of a class or collective lawsuit and the right to a jury trial. All disputes shall be resolved on an individual basis.

  3. Limited Remedies: Your sole and exclusive remedy for any issues or dissatisfaction with the product(s) purchased from Mode Mischief Studios is a refund or replacement of the product, at Mode Mischief Studios' discretion. In no event shall Mode Mischief Studios, its directors, officers, employees, or agents be liable for any damages, whether direct, indirect, incidental, consequential, special, or exemplary, arising from or in any way related to your purchase or use of the products.

  4. Limitation of Damages: In the event that any arbitration proceeding finds Mode Mischief Studios liable for any damages, the total liability to you shall not exceed the amount paid by you for the product in question. Under no circumstances shall Mode Mischief Studios be liable for any indirect, punitive, incidental, or consequential damages, including but not limited to loss of profits, loss of business, or loss of goodwill.

  5. Exclusion of Implied Warranties: All products are provided on an "as-is" basis, and Mode Mischief Studios disclaims any and all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

  6. Binding Agreement: By completing a purchase on our Site, you acknowledge that you have read, understood, and agreed to these Terms of Use, including this Limitation of Liability and Waiver of Legal Claims. You further agree that this clause is fair and reasonable and that it shall be binding on you and your heirs, successors, and assigns.

30. Protection of Confidentiality and Intellectual Property Rights

Notwithstanding the provisions of the Arbitration Agreement, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s IP or confidential information shall not be subject to the Arbitration Agreement (“IP Claims”). Except for IP Claims, and notwithstanding the provisions of the Arbitration Agreement, either you or Mode Mischief Studios may bring an individual action in small claims court. In all court cases, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts in and for Melbourne, Victoria, and consent to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.

31. Use of Information

Mode Mischief Studios reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

32. Copyrights and Copyright Agent

The Australian Copyright Act provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Australian copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Mode Mischief Studios a written notice by mail or email requesting that Mode Mischief Studios remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Act permits you to send to Mode Mischief Studios a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the Act. Notices and counter-notices must be sent in writing to Mode Mischief Studios as follows: by email to legal@modemischiefstudios.com.au.

33. Severability

If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid under applicable law in such jurisdiction, such provision or part thereof shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect, and will be deemed to not form part of the contract between us but only in such jurisdiction. The legality, validity, or enforceability of the remainder of these Terms will remain in full force and effect in all other jurisdictions.

34. Taxes

You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods taxes, duties, customs, levies, and other governmental assessments associated with your activity in connection with the Services, provided that Mode Mischief Studios may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

35. Waiver

The failure of Mode Mischief Studios to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by Mode Mischief Studios must be in writing and signed by an authorized representative of Mode Mischief Studios.

36. Delays

There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that Mode Mischief Studios is not, and will not be, liable for any such delays, omissions, inaccuracies, or unavailability.

37. Termination

We may terminate these Terms at any time, with or without notice, for any reason.

38. Relationship of the Parties

Nothing contained in these Terms or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

39. Electronic Communications

You are communicating with Mode Mischief Studios electronically when you use the Site or send an email to Mode Mischief Studios. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

40. Force Majeure

Mode Mischief Studios will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a contract that is caused by an act or event or circumstance beyond our reasonable control, including, without limitation, acts of God, strikes, lock-outs, or other industrial action by third parties, civil commotion, riots, actual or threatened acts of terrorism, war, fire, explosion, storm, flood, earthquake or other natural disaster, loss of power or connectivity, interruption or delay in transportation or travel, equipment failure, accident, epidemic, or other widespread disease, new government restrictions or regulations, shelter-in-place orders, quarantines, government shutdown, malfeasance or breach by third-party suppliers.

41. Interpretation

Headings are for convenience only and are not to be used in the interpretation of this Agreement. No part of these Terms shall be construed in favor of or against a party as a consequence of a party having had a greater role in the preparation or drafting thereof but shall be construed as if the language were mutually drafted by both parties with the full assistance of counsel.

42. Copyrights

These Terms, and all content (whether or not a work made for hire) for which Mode Mischief Studios owns the copyright, including on any Site or as provided through any Product or Service, are protected by applicable Australian and foreign law. Copyright © [Year], Mode Mischief Studios Pty Ltd. All rights reserved. Any unauthorized use may be subject to prosecution.

43. Trademark Information

All trademarks, logos, and service marks (“Marks”) displayed on the Products and Services are the property of Mode Mischief Studios or their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Mode Mischief Studios or such respective holders. Mode Mischief Studios reserves the right to alter product and services offerings, specifications, and pricing at any time without notice and is not responsible for typographical or graphical errors that may appear in this or in related documents.

44. Entire Agreement

This Terms of Use constitutes the entire agreement between you and Mode Mischief Studios and governs the terms and conditions of your use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Mode Mischief Studios with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use a Site. Mode Mischief Studios may revise these Terms of Use at any time by updating and posting these Terms on the Site. Accordingly, you should visit the Site and review the applicable Terms periodically to determine if any changes have been made. Your continued use of the Site after any changes have been made to its Terms of Use signifies and confirms your acceptance of any such changes or amendments to such Terms.

45. Notice to Australian Consumers

As a consumer residing in Australia, the following terms apply and override any inconsistent terms in the Terms.

a. Paragraph 25 – Disclaimers. The Warranty Disclaimer included within Paragraph 25 is modified by adding the following:

“However, the Site, Content, and the materials, products, and services on this Site come with certain guarantees that cannot be excluded for the benefit of Australian customers under Australian consumer law (“ACL”), including guarantees as to the acceptable quality and fitness of purpose of products. Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right, or remedy implied by the ACL and which by law cannot be excluded, restricted, or modified, even if any other term of these Terms would otherwise suggest that this might be the case.”