Pastel voltage

These following terms and conditions apply to any goods and services provided to you by Pastel Voltage to you, the client. 

It is not necessary for the client to sign any document for these terms and conditions to apply. By use of website, purchasing goods and services, you (the user and client) accept these  terms and conditions.

Please read these terms and conditions carefully. Commissions or purchases of goods implies that you have read, understood and accepted these terms and conditions.

Pastel Voltage may update these terms and conditions from time to time, so please review them often. 

We hold and reserve all intellectual property rights for all content. You may not use such content in any way that is not necessary or implied for the proper use of the service.

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Specifically, but without limitation, you may not copy, download, share (beyond the limits mentioned below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works from the content on our website.

You also cannot allow any third party to do so through your account or device, even unknowingly.  Any statutory limitations or exceptions to copyright remain unaffected.

Pastel Voltage retains the copyright to the artwork created on their website and art created from client’s photographs. Pastel Voltage will not reproduce the commissioned artwork and its usage will not be allowed on any other website apart from Pastel Voltage’s website and social media pages, unless the client has given written permission to do so. 

The artist retains right to display and promote all work. If the client is unhappy with their commission being displayed on Pastel Voltage’s website and social media pages, they must express so when commencing the commission. 

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The client must credit artist when sharing, using and displaying art.

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The client cannot claim ownership ,edit or profit from this artwork.

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If the client wishes to make reproductions of their commissioned artwork, this must be arranged through Pastel Voltage.

Personal usage:

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Personal use of commissioned artwork means that you (individual or organisation) have the art to not gain money or commercial advantages (non-commercial reasons). For example: hanging art on a wall in your house, giving the artwork as a gift to a friend, and using the artwork as a background of your device(phone / laptop ,etc). 

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Commercial usage:

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Commercial use of commissioned art pertains to using the artwork and reproducing it intended for commercial advantage or monetary compensation.

For example: using artwork in a video/film/on TV, on a website, on a t-shirt, merchandise production, inside sold publications ,in online or offline advertisements and commercial promotions. 

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Any use of a commissioned artwork or other art for making a profit is to be considered commercial usage. 

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Any commercial commissioned art has additional terms with a contract in place.

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The terms are as such:

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 Due to you(individual or organisation) profiting from my artwork, you will be required to pay a fee. Below you can choose how you wish to pay and use the art:

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Full copyright:

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Full copyright means you have full ownership of the artwork.This is a permanent commitment and you exclusively use this artwork for whatever purposes you need it for.

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The fee is a one time purchase. 

2000$+

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Licensing:

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Licensing basically means you rent the artwork, not owning it. Licensing is permission to use art for a specific purpose, duration, and in a specific way. 

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The fee will be based on:

-the extent of use

-size of reach

-what the artwork is used for

-length of license

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The fee will be one time or subscription based depending on the length of the license.

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The client must provide sufficient photographs for the commission to be created. These photographs must be owned by the client and therefore have permission to use them. It is the client’s responsibility to not breach any copyright laws.

For payment for commissions , I accept full payment up front or 50% nonrefundable deposit first and the other 50% when it is finished. Already made products will be at full price in NZD with shipping and packaging costs added. 

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Acceptable payment methods:

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• paypal 

• Bank transfer

• Credit/Debit Card

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Additional Expenses:

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The client agrees to reimburse Pastel Voltage for any additional expenses incurred for the completion of the work. Examples include postage charges, extra travel expenses ,extra revisions later in the commission process, extra supplies required to finish the work ,etc

For communication,I will update you weekly if the project or commission is longer than a week to complete and send. Otherwise, I will update you when I reach to key points of the commission- such as the first ideation phase, colour confirmations, half-way point, etc.

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Accepted communication methods:

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-Direct Messaging (Discord , Social media)

-Email pastelvoltage@gmail.com

As a disclaimer, this website will not be 100% free from errors ,inaccuracies, and downtime. This website will not be held accountable for any unpredictable and unknown events such as spyware, viruses, product damage, damage by third parties, or any lack of enjoyment felt by client.

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Nor will every purchase or commission be free from any hangups. Thank you in advance if you notice an error on this website and let me know.

I cannot guarantee for shipping and deliveries that it will not be delayed by unforeseen circumstances outside of my control.If we discover any delays or complications in delivery, we will let you know in advance.

You must be at minimum 13 years old to use this site for commissions and 18 years old for buying any tangible products off this site. These goods and services are only for users who can make legally binding contracts under applicable law and are legal age of majority of their place of residence. This is in compliance with Children’s Online Privacy Protection Act of 1998 (COPPA)as a federal law in the United States for websites.

This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand without reference to its principles of conflicts of laws.

We (Pastel Voltage) reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

There may be information that is incorrect on this website, for example typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. 

Pastel Voltage reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on this website at any time, without prior notice.

Acceptable use of Pastel Voltage’s services and artworks means:

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• Complying with the terms and conditions of Pastel Voltage

• No disclosing sensitive personal information about others 

• No ai(Artificial Intelligence) training

• No reselling

• No relicensing

• No copying or duplicating

• No NFT(Non-Fungible Token) usage 

• No altering or repurposing without consent

• No harassment, bullying, abuse or threatening harm to others or property

• Not selling information given to you

• No violation of laws

• No defamation

• No falsification 

• No distributing malware or other malicious code

• No spam

• No engaging in any other activities that degrade the usability and performance of the Website and Services.

• No deliberate attempts to overload the Website and Services and broadcast attacks (i.e. denial of service attacks).

• No use or distribution of tools designed for compromising security of the Website and Services.

• No intentionally or negligently transmitting files containing a computer virus or corrupted data.

• No accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.

• No unauthorised scanning or monitoring of data on any network or system without proper authorisation of the owner of the system or network.

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We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

• Persistent and deliberate violation of this policy will result in your account being banned and blocked from all sites.

You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Website and Services.

We reserve the right to suspend or delete your account at any time and without notice if we find it inappropriate, offensive, or in violation of these terms.

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Suspending or deleting accounts does not entitle you to claim for any compensation, damages, or reimbursement.

The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.

If you want me to put your commission into the priority slot, please let me know. The usual order of commissions will be whoever pays and orders first goes first.

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For revisions, you are allowed 2 free revisions. After the first 2 revisions, you will be required to pay $60 fee for each revision. 

No shipments or products or services will be sent or provided to sanctioned countries. This includes any business entities, people in general involved in these countries, and sanction sensitive countries. No payments from these countries will be accepted and if they go through, the payments will be refunded.

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List of sanctioned countries:

• Iran

• Syria

• North Korea

• Crimea/Sevastopol regions

• Other occupied regions of Ukraine (e.g., Donetsk, Luhansk)

• Cuba

• Afghanistan

• Belarus

• Myanmar

• Russia

• Venezuela

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List of sanction sensitive countries:

• Cambodia

• Central African Republic

• Dem. Republic of the Congo

• Ethiopia

• Eritrea

• Haiti

• Iraq

• Lebanon

• Libya

• Nicaragua

• Somalia

• Sudan (Republic of)

• South Sudan

• Yemen

• Zimbabwe

Your order will be dispatched within 48 hours of your payment clearing if product is already made(not commissioned art). For commissions, it will be dispatched within 48 hours of your final payment clearing. 

The orders will then be processed for 1-13 days depending on the tier of shipment and distance traveled. 

All cost estimates for shipping are in New Zealand Dollar(NZD):

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• Urban New Zealand fee : $5.40+ up to $250 in value being shipped weighing 3kg or less. 3-5 working days wait.

• Urban New Zealand Fee: $7.40+ up to 2000$ in value being shipped weighing 3kg or less. Next working day wait.

• Fee for New Zealand rural is +$5.70 to any shipping price.

• International fees: $18.74+ and any overseas tariffs. 3-10+ working days wait.

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Multiple shipments:

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When you order multiple shipments as the same client account on the same day where all you order is in stock and in the same location, we will use a joint shipment. A joint shipment is a single package with all your orders inside. Any out of stock items can hold up a joint shipment until they are available. Using only one package for all your orders will reduce packaging waste and reduces shipping costs.

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Shipping restrictions:

-maximum weight- 25kg

-maximum size- 0.125 m3

-maximum length -1.5m

Requirements from client:

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To be able to ship it to you, I will need your shipping address (including apartment or suite number),province/state, city, postal code, full name, and phone number. 

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Cancelling a shipment:

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Cancellations of shipments(not art commissions) 48 hours or more before packaging processes and shipment will not be charged. 

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Cancellations of shipments 48 hours or less before packaging processes and shipment processing will be charged a $40NZD fee.

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If the product is already dispatched and shipped to you, you will not be able to cancel the shipment. The product will be then treated as a return and refund product. Make sure to read the return and refund terms to see if you meet the requirements as written below.

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Added costs:

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All shipping and packaging is non-refundable and will be added to the price of the product being bought.

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Delay notifications: 

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We will notify you as soon as I know that your shipment has been delayed through your chosen communication channel.

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Areas of the world we can ship to:

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Australia,American Samoa, Cocos Islands, Cook Islands, Fiji, French Polynesia, Kiribati, New Caledonia, Nauru, Niue, Norfolk Island, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatul, Brunei Darussalam, Cambodia, China - People's Republic of, Federated States of Micronesia, Guam, Hong Kong, Indonesia, Japan, Korea - Republic of (South), Laos People's Democratic Republic, Macau, Malaysia, Marshall Islands, Midway Island, Northern Mariana Islands, Palau, Papua New Guinea, Philippines, Singapore, Taiwan, Thailand, Timor Leste, Vietnam, Wake Island,Alderney, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, France, Germany, Gibraltar, Greece, Guernsey, Holy See (Vatican City State), Hungary, Iceland, Ireland, Isle of Man, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom,All states of the United States of America, Albania, Algeria, Angola, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Azerbaijan, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Botswana, Brazil, Burkina Faso, Burundi, Cameroon, Canary Islands, Cape Verde, Chad, Chile, Christmas Island, Colombia, Comoros, Congo, Costa Rica, Côte d'Ivoire, Curacao, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea,Falkland Islands, French Guiana, French Southern Territories, Gabon, Gambia, Georgia, Ghana, Greenland, Grenada, Guadeloupe, Guatemala, Guinea Bissau, Guinea, Guyana, Israel, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Moldova, Mongolia, Montserrat, Morocco, Mozambique, Namibia, Nepal, Niger, Nigeria, Oman, Pakistan, Panama Republic, Peru, Pitcairn Island, Puerto Rico, Qatar, Rwanda, Saint Barthelemy, Saint Helena, Saint Kitts-Nevis, Saint Lucia, Saint Pierre and Miquelon, Saint Vincent and Grenadines, São Tomé and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Sint Eustatius, Sint Maarten, South Africa, South Georgia, Sri Lanka, Suriname, Swaziland, Tanzania, Togo, Trinidad and Tobago, Tristan De Cunha, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, Uruguay, Uzbekistan, Virgin Islands (British), Virgin Islands (USA), Zambia.

and only these major cities of India :Agartala, Agra, Ahmedabad, Aizawl, Ajmer, Allahabad, Aluva, Ambala, Amritsar, Aurangabad, Bareilly, Belgaum, Bengaluru, Bhopal, Bhubaneswar, Chandigarh, Chennai, Coimbatore, Cuttack, Dehradun, Delhi, Dhanbad, Dharwad, Dibrugarh, Faridabad, Gangtok, Goa, Gorakhpur, Gurugram, Guwahati, Gwalior, Hosur, Howrah, Hubballi, Hyderabad, Imphal, Indore, Jaipur, Jalandhar, Jammu, Jamshedpur, Jodhpur, Jorhat, Kalaburagi, Kanchipuram, Kanpur, Kochi, Kolkata, Kollam, Kottayam, Kozhikode, Lucknow, Ludhiana, Mangaluru, Meerut, Moradabad, Mumbai, Mysuru, Nagpur, Nashik, Panaji, Panipat, Patna, Puducherry, Pune, Raipur, Rajkot, Ranchi, Salem, Shillong, Shimla, Silchar, Siliguri, Srinagar, Surat, Thiruvananthapuram, Thrissur, Tiruchirappalli, Tirupati, Tiruppur, Udaipur, Udupi, Vadodara, Varanasi, Vijayawada, Visakhapatnam.

 To cancel a subscription or delete an account, please email Pastelvoltage@gmail.com .

Cancellations made via emailing pastelvoltage@gmail.com of orders of pre-made products before they are shipped are acceptable.

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Pastel Voltage will cancel or refund any purchases where the products are no longer available nor in stock as noted on site.

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Cancellations made 48 hours or less before a booked session, lesson or appointment will be subject to a rebooking fee of $60NZD.  Commissions cancelled at any point after confirmation will forfeit a refund and will pay 25% of the full commission price. 

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Cancellations made via emailing pastelvoltage@gmail.com greater than 48 hours before an appointed time will be processed without penalty. 

After 30 days of no response, I will assume the art commission has been abandoned by the client, and therefore will be terminated. If you notify Pastel Voltage of absence before the 30 days of no response, this will be acceptable and the commission will continue. 

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An art license will automatically terminate once you breach the terms and conditions of the set license and Pastel Voltage’s terms and conditions.  Once the license is terminated and you are found still using my art, you will be breaking copyright law, which results in takedown notices, legal claims, financial compensation, injunctions, or even criminal charges in severe cases. 

The license bought by you of my artwork will terminate immediately after the set time of use is over.

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If you are no longer needing to license the art before the license ends, I will create a form of agreement that we will both sign to indicate the termination of the license and what the termination means. 

Commissions or any personalised art will not be returnable or refundable once finished and sent. 

On sale artworks are nonrefundable. 

If an artwork that you have bought from me is no longer what you want, if the artwork is not damaged, unused, same condition that you recieved it and it has not been displayed, then I will accept the artwork returned within 30 days of it being purchased. 

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If 30 days have passed since your purchase, we can’t offer you a full refund.

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To return the product you have bought, direct message or email me where to send the package. Please keep all sensitive information private. 

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You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. 

If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item

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Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

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If you are approved, then your refund will be processed, and a refund will be issued within a few days. 

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I am committed to your project. If I cannot complete it, I will issue a refund. 

Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (“Dispute”) which arises between the Parties shall first be negotiated between appropriate leader of each Party who shall have the authority to resolve the matter. Such leaders shall meet to attempt in good faith to negotiate a resolution of the Dispute prior to pursuing other available remedies, within ten (10)days of receipt by a Party of written notice of a Dispute, which date of receipt shall be referred to herein as the “Dispute Resolution Commencement Date.” Discussions and correspondence relating to trying to resolve such Dispute shall be treated as confidential information and privileged information of Pastel Voltage developed for the purpose of settlement and shall be exempt from discovery or production and shall not be admissible in any subsequent proceeding between the Parties.

The website, or third parties on the website, may provide links to other sites and/or resources, including advertisers, over which Pastel Voltage has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Pastel Voltage of content, items, or services on those third-party websites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. Pastel Voltage makes no representations or warranties with respect to the Content, ownership, or legality of any such linked websites. You agree that Pastel Voltage has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising, products, or other materials available through such sites or resources.

To use the services, you will be asked to provide personally identifiable information such as your name, phone number, shipping address, email address, and payment information(when required for payments) (collectively, the “personal information”) as well as a password in order to make a purchase and create a personal account with us (an “account”). Please be sure to protect the confidentiality of the password you create for your account. You are responsible for, and agree to pay promptly, all charges to your account including applicable taxes and purchases by you or anyone you allow to use your account.

The website, products and services are provided strictly on an “as is” and “as avaliable” basis. Use of service and products is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties -whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that content is accurate, reliable or correct; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at the users own risk and users shall solely be solely responsible for any damage to users’ computer system or mobile device or loss of data that results from such a download or users’ us of the service. 

The owner does not warrant, endorse, guarantee, or assume responsibility for any product or serviced advertised or offered by a third party through the service or any hyperlinked website or service, and the owner shall not be a party to or in any way monitor any transactions between users and third-party providers of products or services.

If you have any questions about these terms, please send an email to pastelvoltage@gmail.com .