Terms of service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and XCLSV Studios LLC, a limited liability company organized under the laws of the State of Utah ("XCLSV Studios," "we," "us," or "our"). By accessing our website (www.xclsvstudios.com), creating an account, or placing an order, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you may not use our website or services.

 

Use of Our Website

Eligibility

You must be at least 18 years of age to place an order or create an account on our website. By using our website, you represent and warrant that you are 18 years of age or older. If you are under 18, you may only use our website with the involvement and consent of a parent or legal guardian.

 

Prohibited Conduct

You agree that you will not:

• Fraudulent activity: Use our website or services for any fraudulent, unlawful, or unauthorized purpose.

• Intellectual property violation: Reproduce, copy, sell, resell, or exploit any portion of our website, products, or content without our express written permission.

• Interference: Attempt to disrupt, damage, or gain unauthorized access to our website, servers, or systems.

• Misrepresentation: Impersonate XCLSV Studios, its affiliates, employees, or any other person or entity.

• Spam: Use our website to transmit unsolicited commercial communications.

 

Products and Pricing

Product Descriptions

We make every effort to display our products as accurately as possible, including color, size, and construction details. However, we cannot guarantee that your device's display of colors will be accurate. Slight variations in color or texture between the product images and the actual product are not considered defects and do not qualify for return under our Return & Refund Policy.

 

Pricing

All prices are listed in U.S. dollars and are subject to change without notice. We reserve the right to modify prices at any time. The price charged for your order will be the price displayed at the time you complete your purchase. We are not obligated to honor pricing errors and reserve the right to cancel any order placed at an incorrect price.

 

Limited Availability

XCLSV Studios operates on a limited-release drop model. All products are produced in finite quantities and are sold on a first-come, first-served basis. We do not guarantee availability of any product at any time. Adding an item to your cart does not reserve it. Your order is only confirmed upon receipt of your payment confirmation email.

 

Sales Tax

Sales tax will be applied to orders where required by applicable state or local law. The applicable tax will be calculated and displayed at checkout before you complete your purchase.

 

Orders and Payment

Order Acceptance

Placing an order constitutes an offer to purchase. Your order is not confirmed until you receive an order confirmation email from us. We reserve the right to refuse or cancel any order at any time, for any reason, including but not limited to: suspected fraud, payment processing errors, product unavailability, or errors in product or pricing information.

 

Payment

Payment is due in full at the time of purchase. We accept payment methods displayed at checkout, which may include major credit cards, debit cards, and digital wallets as supported by Shopify Payments. All transactions are processed securely. By submitting your payment information, you represent that you are authorized to use the payment method provided.

 

Chargebacks

If you initiate a chargeback or payment dispute with your bank or card issuer without first contacting us to resolve the issue, we reserve the right to: (1) dispute the chargeback with documentation of your order and delivery, (2) cancel any pending orders associated with your account, and (3) refuse future orders from you. We encourage all customers to contact us at contact@xclsvstudios.com before initiating a dispute, as we are committed to resolving issues directly.

 

Intellectual Property

All content on our website, including but not limited to the XCLSV Studios name, logo, "Be Distinctive" slogan, graphics, product designs, photographs, written content, and the overall look and feel of the website, is the exclusive intellectual property of XCLSV Studios LLC or its licensors and is protected by applicable copyright, trademark, and intellectual property laws.

 

You are granted a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any of our intellectual property without our prior written consent.

 

User-Generated Content

If you post, share, or submit content related to XCLSV Studios on social media — including but not limited to photos, reviews, videos, or testimonials — you grant XCLSV Studios LLC a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, display, and distribute that content for marketing and promotional purposes across any platform, with or without credit to you. We will never alter your content in a way that misrepresents you or your experience.

 

You represent that any content you share does not infringe the intellectual property rights of any third party and that you have the right to grant us the license described above.

 

Disclaimer of Warranties

Our website and products are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

 

To the fullest extent permitted by applicable law, XCLSV Studios LLC disclaims all warranties with respect to our website, products, and services.

 

Limitation of Liability

To the maximum extent permitted by applicable law, XCLSV Studios LLC, its members, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or products, including but not limited to lost profits, lost data, personal injury, or property damage, even if we have been advised of the possibility of such damages.

 

Our total liability to you for any claim arising from your use of our website or products shall not exceed the amount you paid for the specific product or service that is the subject of the claim.

 

Indemnification

You agree to indemnify, defend, and hold harmless XCLSV Studios LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (1) your use of our website or products, (2) your violation of these Terms, (3) your violation of any applicable law or regulation, or (4) any content you post or share related to XCLSV Studios.

 

Governing Law and Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. Any legal action arising from or related to these Terms or your use of our website shall be brought exclusively in the state or federal courts located in Utah, and you hereby consent to the personal jurisdiction of such courts.

 

Informal Dispute Resolution

Before pursuing formal legal action, we encourage you to contact us directly at contact@xclsvstudios.com to resolve any dispute informally. We will make a good-faith effort to resolve your concern within 15 business days of receiving your written notice.

 

Changes to These Terms

XCLSV Studios LLC reserves the right to modify these Terms of Service at any time. When we make changes, we will update the Effective Date at the top of this document. Your continued use of our website after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

 

Termination

We reserve the right to terminate or suspend your access to our website and services at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, your right to use our website immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

 

Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect.

 

Entire Agreement

These Terms of Service, together with our Return & Refund Policy, Shipping Policy, and Privacy Policy, constitute the entire agreement between you and XCLSV Studios LLC with respect to your use of our website and services, and supersede all prior agreements, understandings, and communications between the parties relating to the subject matter hereof.

 

Contact Information

For questions about these Terms of Service, please contact:

 

XCLSV Studios LLC

State of Incorporation: Utah, United States

Email: contact@xclsvstudios.com

Website: www.xclsvstudios.com

 

XCLSV Studios LLC is a limited liability company. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and XCLSV Studios LLC.