Terms Of Service

Effective Date: January 01, 2023

We are moodcrafts.com, a trademark of STRATSPOT LTD. Welcome to moodcrafts.com's online platforms, which include our website and other platforms. This document outlines the terms and conditions governing your interaction with the moodcrafts.com (also known as "the Site," "we," "us,", "our" or “STRATSPOT”) website, and all other channels we own and operate (collectively known as the "Services"). To utilize these Services, you must be 16 years or older.

BY ENGAGING WITH OUR SERVICES, YOU ACCEPT THESE TERMS. DO NOT USE OUR SERVICES IF YOU DISAGREE WITH THESE TERMS.

IMPORTANT: This document has specific guidelines on resolving disagreements between you and bellasiha.com. Notably, it includes a commitment to address conflicts through binding arbitration. This means that, with a few exceptions, disputes will be settled via a definitive arbitration process. This agreement also has clauses that waive class action rights and the right to a jury trial. It's essential to review this thoroughly.

If you don't decline the arbitration agreement within 30 days, two main implications arise: (1) You can only address disputes with us individually, not as part of a group or class action. This also means you forfeit the right to join any class action litigation or widespread arbitration. (2) You give up the right to address disagreements in a court and waive your right to a jury trial.

1. GENERAL
2. USE OF OUR SERVICES
3. PRIVACY POLICY
4. ERRORS
5. PURCHASES
6. INTELLECTUAL PROPERTY AND OWNERSHIP
7. THIRD PARTY LINKS AND RESOURCES
8. TEXT MESSAGING PROGRAM
9. EVENTS BEYOND OUR CONTROL
10. LIMITATION OF LIABILITY
11. DISCLAIMERS OF WARRANTIES
12. LEGAL DISPUTES AND ARBITRATION AGREEMENT
13. LEGAL TERMS
14. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT
15. CONTACT US

1. GENERAL

1.1 SERVICE OVERVIEW The Website and Application are offerings from STRATSPOT LTD. When we mention "STRATSPOT", "Company", "we", "our", or "us", it points to STRATSPOT LTD and its related entities. Conversely, "you" or "your" pertains to the service user. Through our Services, we create an online platform for users to buy items from third-party vendors ("Third-Party Seller(s)") and/or the STRATSPOT Distribution Corporation.

1.2 TERMS MODIFICATION We hold the authority to alter, adjust, introduce, or eliminate parts of these Terms whenever we see fit. It's your duty to review these Terms for updates whenever you engage with our Services. When revisions occur, we'll upload a fresh version of the Terms on our platforms and update the "Last Updated" timestamp. We might also ask for your explicit agreement to the revised Terms before letting you continue using some or all parts of our Services. If you continue interacting with STRATSPOT post the updates, you implicitly accept those changes. IF YOU DISAPPROVE OF ANY UPDATES, YOU MUST CEASE USING OUR SERVICES.

1.3 ADDITIONAL TERMS Engaging with specific features within our Services might be subject to further terms, such as our Bonus Point, Coupon, Return, and Gift Card policies ("Additional Terms"). These are considered part of this agreement by reference. Should any discrepancy arise between these Terms and the Additional Terms, the latter will prevail for the relevant Services.

2. USE OF OUR SERVICES

2.1 SERVICE ACCESS Under this Agreement's stipulations, STRATSPOT provides you a restricted, revocable, non-assignable, and exclusive permit to use the Services for personal, non-business purchases on our platform, excluding any third-party business use unless we provide explicit pre-approval. Violating this Agreement will lead to an immediate license revocation without prior notice.

2.2 USAGE RESTRICTIONS Beyond the above-stated permissions, you're prohibited from copying, sharing, marketing, lending, broadcasting, generating altered versions, translating, deconstructing, or exploiting the Services in any way without our written consent. Commercial exploitation or benefiting another business using our Services without our express prior approval is forbidden. We retain the right to end your access or limit features at our discretion, without advance notice. Uploading, sharing, or distributing any content that infringes copyrights, is offensive, or contains malicious software is not allowed. Moreover, unlawful activities, overloading our Services, automated data extraction, sending unsolicited promotions, or disrupting our Service's operations are prohibited.

2.3 ACCOUNT MANAGEMENT To access specific features, you must set up a STRATSPOT account, which includes creating a password. Using another individual's account or credentials is not allowed. You're responsible for your account's security. Notify us immediately in case of any unauthorized access. Accounts terminated by STRATSPOT for violating terms or for inappropriate behavior shouldn't be reactivated under new credentials. You can terminate your account at any point through the mentioned procedures. STRATSPOT is not liable for any suspended or terminated accounts. After registering, you may receive promotional emails, which you can opt-out of.

2.4 DIGITAL WALLET With an account, you get a STRATSPOT digital wallet ("Wallet") to manage Wallet credits, promotional points, and track gift cards, among other features. The Wallet is a convenience feature without any inherent cash value, unless specified. Wallet credits, coupons and points for purchasing items on our Services, following specific terms. There are limits on the Wallet's value and usage.

Promotional Points: Your Wallet houses the promotional points you earn. You can accumulate these points by engaging in specific activities and buying products via the Services, as elaborated in the Bonus Point Policy. The Company reserves the right to set expiry dates for or cancel these points. Redemption of promotional points is limited to the platform where they were awarded. For instance, points earned on MOODCRAFTS.COM can only be redeemed there.

Promotional Coupons: The usage of coupons is governed by the terms detailed in our Coupon Policy, which may be updated occasionally, potentially without prior notice. We might set expiration dates for the coupons given to you. Each promotional coupon has specific limitations associated with its use. Coupons should only be redeemed on the platform where they were issued; for instance, coupons from our website should be used only on that site. However, only coupons specified by STRATSPOT as valid for Third-Party Sellers' products can be used for such purchases. Conversely, if a coupon is marked exclusively for Third-Party Sellers' products, it cannot be applied to products directly sold by STRATSPOT.

2.5 INTERACTION GUIDELINES When engaging with others on our platform, exercise caution. STRATSPOT isn't responsible for interactions with third-party sellers or other users, nor any resulting issues or damages. YOU AGREE THAT NEITHER STRATSPOT NOR ITS LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD-PARTY SELLER OR OTHER USER OF THE SERVICES, AND THAT STRATSPOT MAKES NO REPRESENTATIONS WITH RESPECT TO YOUR INTERACTIONS WITH THEM. STRATSPOT AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH THIRD-PARTY SELLERS OR OTHER USERS OF THE SERVICES, OR YOUR USE OF OR INABILITY TO USE ANY ITEMS PURCHASED FROM A THIRD-PARTY SELLER THROUGH THE SERVICES.

2.6 PROVIDING CORRECT DETAILS When making a purchase on our Services, it's essential to supply accurate, full, and valid information. It's solely your duty to ensure the correctness of all provided data, including names and addresses for both shipping and billing. Should there be any inaccuracies or omissions causing shipment delays or cancellations during customs processing, neither STRATSPOT nor any affiliated Third-Party Seller will bear responsibility or be bound to compensate you in any form. You grant STRATSPOT the authority to present, modify, and nullify any declarations or paperwork vital for importing items you've ordered under your name and/or User Account. This encompasses tasks like making and receiving deliveries, applying for tax or fee refunds linked to goods importation, engaging in legal and administrative proceedings, lodging complaints with official bodies, and making decisions related to legal proceedings. This also empowers STRATSPOT to guide customs agents on your behalf and to delegate permissions to those agents or other parties for matters related to goods importation and adherence to relevant regulations.

3. PRIVACY POLICY

STRATSPOT’s Privacy Policy applies to use of the Services, including your submission of personal information through the Services, and is herein incorporated by reference. To view STRATSPOT’s Privacy Policy.

4. ERRORS

While we strive to provide accurate information on the Services, errors, inaccuracies, or omissions, including those that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after your order has been submitted. In the event we or a Third-Party Seller cancel all or part of an order, we will provide you with notice and a refund.

5. PURCHASES

5.1 PRICING AND ORDERING

The prices for all products listed on the Services do not include shipping charges and local sales and use tax, as well as other applicable taxes or fees, which will be billed separately based on the prevailing rates for each order. Additionally, any regulatory fees mandated by the state of delivery will be charged separately, where applicable. Prices are subject to change at any time, but these changes will not impact orders for which we have already sent an order confirmation email. Unless stated otherwise on the Site or in the App, all amounts are denominated in U.S. dollars. For a detailed explanation of our ordering process, please visit the "How to Order" section. Credit card transactions are subject to verification and authorization by the card issuer. By clicking "Buy Now" or "Place Order" and subsequently "Continue" while placing an order on the Services, you are making an offer to purchase the products available on the Services. Acceptance of this offer is solely at our discretion or that of the Third-Party Seller, if applicable. Confirmation of acceptance, if granted, will be communicated to you through an order confirmation email. In the event you identify an error in your order after completing the payment process, please promptly contact our Customer Service Platform to rectify the error.

5.2 COLOR REPRESENTATION

We make reasonable efforts to display the colors of our products on the Services as accurately as possible. Nevertheless, the actual colors you perceive may depend on your monitor, and we cannot guarantee that your monitor's depiction of a color will precisely match the color of the product you intend to purchase.

5.3 SHIPPING

Please check our shipping policy page for detailed information.

5.4 TITLE AND SHIPMENT

Title for items purchased outside the United States transfers to you, the respective customer, when those items are loaded onto the international carrier outside your country. In contrast, title for items purchased in the United States transfers to you when the products are delivered to the provided shipping address. Please note that STRATSPOT does not own or hold title to any product sold by a Third-Party Seller. Claims arising from loss or damage during delivery should be reported to Customer Service within fourteen (14) days of receiving the goods or the anticipated receipt date (in the case of lost goods). If we find your claim valid, we may, at our discretion, either replace the damaged or lost item (subject to availability and using the same shipping method without additional charges, and subject to the same terms and conditions herein) or reimburse you for the purchase price and shipping costs (provided the shipping cost did not include other items delivered without damage).

5.5 RETURN OR EXCHANGE OF PRODUCTS

Returns for items purchased on the Services will be processed in accordance with our Return Policy. Please check our return policy page for detailed information.

5.7 PURCHASES FROM THIRD-PARTY SELLERS

Please note that STRATSPOT does not own any products listed by Third-Party Sellers; these products are directly purchased from and sold by such Third-Party Sellers. Transactions involving products listed by Third-Party Sellers are contractual agreements solely between you, the purchaser, and the respective Third-Party Seller. While STRATSPOT may facilitate these transactions through the Services, including acting as a limited payments agent on behalf of Third-Party Sellers for payment processing, we do not control, guarantee, or take responsibility for the existence, quality, timing, condition, safety, or legality of products offered by Third-Party Sellers through the Services. We also do not guarantee the accuracy of Third-Party Seller product listings, or oversee the actions of Third-Party Sellers in relation to their products. STRATSPOT is not an auctioneer, seller, or carrier for items listed for sale by Third-Party Sellers.

5.6 RELEASE REGARDING DISPUTES WITH THIRD-PARTY SELLERS

To the fullest extent allowed by applicable law, STRATSPOT explicitly disclaims any liability that may arise in disputes between you and Third-Party Sellers. The Services serve as a platform connecting our users with Third-Party Sellers. As STRATSPOT is not party to the actual contracts between you and any Third-Party Seller, in the event of a dispute with a Third-Party Seller, you release STRATSPOT, its parents, subsidiaries, affiliates, and all their officers, employees, investors, agents, partners, and licensors (excluding Third-Party Sellers) from all claims, demands, or damages, whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or related to such disputes.

6. INTELLECTUAL PROPERTY AND OWNERSHIP

6.1 CONTENT OWNERSHIP

The Services, encompassing all elements and materials like text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided on the Services (collectively referred to as "Content"), as well as the design of any products available on the Services, may be owned by STRATSPOT or other parties and are safeguarded by copyright and/or other intellectual property laws. Your access to the Content is only permissible in accordance with these Terms.

6.2 TRADEMARKS

The trademark STRATSPOT and other trademarks, service names, logos, designs, phrases, page headers, button icons, and scripts used by STRATSPOT in association with the Services constitute trademarks, service marks, and trade dress of STRATSPOT (collectively known as the "Marks") in the UK and other jurisdictions. No rights, titles, or interests in or to the Marks are transferred to you, and all rights not explicitly granted are reserved. The Marks may not be used by you without the express written consent of STRATSPOT. Any other trademarks not owned by STRATSPOT but appearing in connection with products offered on the Services belong to their respective owners, who may not be affiliated with, connected to, or sponsored by STRATSPOT. The use of the Marks on any part of the Services does not imply that STRATSPOT is the copyright holder or owner of intellectual property rights in the products available for sale on the Services. STRATSPOT sources some of its products from third-party manufacturers and wholesalers, and the Services offer products sold by Third-Party Sellers.

6.3 RIGHTS AND USAGE RESTRICTIONS

The Content on the Services is intended solely for personal, non-commercial use. You are not allowed to download, copy, reproduce, distribute, transmit, broadcast, display, perform, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products, or services found on the Services without the prior written consent of the Company or the respective owners. You may not employ any of the Content for commercial purposes, including advertising or generating advertising revenue on your own website, social media accounts, or any other medium. You hereby grant STRATSPOT (and its affiliates, assignees, or successors in interest) a global, perpetual, royalty-free, irrevocable license to freely duplicate, use, or incorporate any questions, comments, suggestions, ideas, feedback, or other information about the Services that you provide to us. You acknowledge that all of the above is non-confidential and subject to review and monitoring by the Company. You agree not to circumvent, disable, or interfere with security features of the Services or features that prevent or limit the use or copying of any Content or enforce restrictions on the use of the Services or its Content. We retain all rights not expressly granted in and to the Content.

6.4 REVIEWS, COMMENTS, AND SUBMISSIONS

Unless otherwise specified elsewhere in this Agreement or on the Services, any content you submit, post on the Services, or provide to the Site or App, including images, videos, information, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively referred to as "Submissions"), will be treated as non-confidential and non-proprietary (unless subject to our Privacy Policy). By submitting or posting such content, you grant the Company a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions in any manner and form, and to modify, reverse-engineer, disassemble, or decompile such Submissions. You also grant STRATSPOT (and its affiliates, assignees, or successors in interest) a global, perpetual, royalty-free, irrevocable non-exclusive license to duplicate, use, or incorporate all your Submissions. Furthermore, when you post comments or reviews on the Services, you give us the right to use the name you submit along with the review or comment, if any, in connection with that review or comment. You agree not to use a false email address, impersonate someone else, or mislead us or third parties about the origin of any Submissions or content. While we may choose to do so, we are not obligated to remove or edit any Submissions (including comments or reviews) for any reason. You warrant that you possess all necessary rights and authorizations to provide, upload, and submit your Submissions and to grant the rights and licenses to Submissions as described in these Terms. You agree to defend and indemnify the Company against any losses arising from the use of the Submissions as authorized herein. Please note that if you are under 18 years of age or if you post images of individuals under 18, you are prohibited from posting such images on our Services.

6.5 USER GENERATED CONTENT POLICY

When you transmit, post, upload, share, or contribute any content, including Submissions, to the Services, such contributed content is considered user-generated content ("UGC") to the extent it is visible or accessible to other Site or App visitors or users. By accepting these Terms, you agree not to contribute any UGC that could be reasonably construed to involve, contain, provide, or promote any of the following:

Disclosure of another person's personal information in a manner that would violate federal or state law or be considered harassment.

• Sexually explicit or pornographic content.
• Derogatory, discriminatory, or hateful comments or incitements targeting individuals or groups based on factors such as race, national or ethnic origin, color, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, or criminal history for which a pardon or record suspension has been granted.
• Incitements to violence or other dangerous activities.
• Terrorism or other criminal activities.
• Insensitive or offensive comments regarding natural disasters, atrocities, health crises, deaths, conflicts, or other tragic events.
• Harassment, bullying, or threats.
• Dangerous products, illicit drugs, or inappropriate use or sale of tobacco and/or alcohol.
• False or misleading information or claims related to products available for purchase on the Services.
• Transactions involving cryptocurrencies.
• False medical-related claims or content.
• Content that infringes intellectual property rights.
• Content that you are not authorized or legally entitled to share, post, or display.
• Any other content that may be deemed illegal, offensive, or restricted under applicable laws or regulations.

You also acknowledge and agree that STRATSPOT, at its sole discretion, may remove or block any UGC for any reason, including UGC that it determines violates the aforementioned requirements. Posting UGC in violation of these Terms may result in the suspension or termination of your access to all or part of our Services. By accepting these Terms, you acknowledge and agree to post only UGC that is suitable for a family audience. You further understand and agree that STRATSPOT is not obliged to actively review or police UGC before displaying it on the Services, and you are therefore solely responsible for the UGC you choose to post on the Services.

7. THIRD PARTY LINKS AND RESOURCES

The Services may include links to websites operated by third parties that are not under our ownership or control. Mention of any third-party names, trademarks, products, or services on our Site and App, or links to third-party websites or information, should not be interpreted as an endorsement, sponsorship, or recommendation of that third party or their information, products, or services.

We have no authority over, do not assume responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party websites or services. This includes, but is not limited to, any third-party social media or mobile app platforms that may interact with or operate alongside the Services. The Company cannot be held responsible for the actions or omissions of operators of such websites or platforms. When you use any third-party website or platform, you do so at your own risk, and your use will be governed by the terms and policies of that third party, including their privacy policies.

We do not provide any warranties or representations regarding the accuracy, completeness, or timeliness of any content posted on the Services by individuals other than ourselves. We strongly recommend that you carefully review all terms and conditions, as well as privacy policies, provided by third parties.

8. TEXT MESSAGING PROGRAM

GENERAL TERMS & DISPUTES Our text messaging program is governed by these comprehensive terms, which include provisions governing the resolution of claims between you and us (see the Legal Disputes and Arbitration Agreement section below). This includes an obligation to resolve disputes through arbitration, which, subject to limited exceptions, requires you to submit claims against us, including those related to text messages you receive from us, to binding arbitration unless you opt out as described in the Arbitration section below.

8.1 ENROLLMENT

To receive messages from STRATSPOT's text messaging program (the "Program"), you must explicitly opt in. By enrolling, you provide express consent to receive recurring SMS and MMS messages from STRATSPOT at the phone number you specified, which may include advertising, marketing, news, updates, and other information from or on behalf of STRATSPOT. You acknowledge and agree that Program messages may be sent using automated systems, including automatic telephone dialing systems or other messaging technologies. Your participation in our Program is entirely optional and is not a requirement for purchasing any property, goods, or services, nor is it necessary for using our Site, App, or Services.

8.2 MESSAGE FREQUENCY

The frequency of Program messages may vary, and we reserve the right to change the frequency of messages you receive at any time, including in response to your interactions with us.

8.3 GETTING HELP

For Program support or assistance, you can text the keyword HELP to the short code or number from which you currently receive our text messages. Alternatively, you can respond with the keyword HELP to any message you receive from our Program or email us at info@stratspot.co.uk or info@moodcrafts.com.

8.4 OPTING OUT

You can opt out of receiving SMS/MMS text messages from our Program by responding with the keyword STOP to any message you receive from our Program or simply texting STOP to the short code or number from which you currently receive our text messages. In either case, you will receive one additional message confirming that your request has been processed. Please note that we may change the short code or telephone number used to operate the Program at any time, with notice to you. You acknowledge that any messages, including STOP or HELP requests, sent to a short code or telephone number that we have changed may not be received, and we will not be responsible for honoring such requests.

8.5 YOUR WIRELESS PLAN

Message and data rates may apply to messages sent to and by you. If you have any questions about your text plan or data plan, please contact your wireless provider.

8.6 RESPONSIBILITY FOR YOUR PHONE NUMBER

If you enroll in the Program, you confirm that you are the account holder or authorized user of the mobile telephone number you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for promptly notifying us at the Privacy Center. The Program is provided on an "as-is," "as-available" basis and may not be available in all areas or at all times, and it may not be supported by all wireless carriers. We, our vendors, T-Mobile, and/or any other wireless carrier are not liable for failed, delayed, misdirected, or undelivered messages.

8.7 PARTICIPATION SUBJECT TO TERMINATION OR CHANGE

If you enroll in STRATSPOT's Program, we may suspend or terminate your receipt of automated marketing messages from us if we believe you have violated these Terms. Your receipt of these messages may also be terminated if your mobile telephone service is terminated or lapses. We reserve the right to modify or permanently or temporarily discontinue all or any part of these messages, with or without notice to you.

9. EVENTS BEYOND OUR CONTROL

We shall not be held responsible for any failure to comply with our obligations as outlined in the Terms or other contractual agreements when such failure is caused by circumstances beyond our reasonable control, referred to as "Force Majeure." Force Majeure encompasses any event, act, omission, accident, or circumstance that is beyond our reasonable control, including but not limited to the following:

• Strikes, lockouts, or other forms of protest.
• Civil unrest, rebellion, invasion, terrorist attacks or threats, declared or undeclared war, or preparations for war.
• Fires, explosions, storms, floods, earthquakes, collapses, epidemics, pandemics, or any other natural disasters.
• Inability to utilize trains, ships, aircraft, motorized transport, or other modes of transportation, whether public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, laws, regulations, or restrictions imposed by any government or public authority.
• Strikes, failures, or accidents in maritime or river transport, postal transport, or any other form of transport.

It is understood that our obligations arising from the Terms or other contracts shall be temporarily suspended during the period in which Force Majeure remains in effect. We shall be entitled to an extension of the time period for fulfilling these obligations equal to the duration of the Force Majeure event. We will make every reasonable effort to terminate the Force Majeure situation to the extent feasible or to find a solution that allows us to fulfill our obligations under the Terms, notwithstanding the occurrence of Force Majeure.

10. LIMITATION OF LIABILITY

10.1 DISCLAIMER OF SPECIFIC DAMAGES YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STRATSPOT SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOSS OF PROFITS, REVENUE, DATA, PRODUCTION, USE, BUSINESS, MANAGEMENT TIME, INCOME, SALES, BUSINESS INTERRUPTION, OPERATING LOSS, PROFITS, CONTRACTS, FORECAST SAVINGS, OR THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THIS APPLIES WHETHER STRATSPOT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH DAMAGES MAY ARISE FROM VARIOUS FACTORS, INCLUDING BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ACQUIRING SUBSTITUTE GOODS OR SERVICES DUE TO GOODS, DATA, INFORMATION, OR SERVICES OBTAINED THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO, LOSS OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATED TO THE SERVICES, REGARDLESS OF THE LEGAL THEORY, INCLUDING BUT NOT LIMITED TO WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL BASIS.

10.2 LIABILITY CAP UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STRATSPOT'S LIABILITY TO YOU IN CONNECTION WITH ANY PRODUCT PURCHASED THROUGH THE SERVICES SHALL NOT EXCEED THE PURCHASE PRICE OF SUCH PRODUCT. FOR ALL OTHER CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, STRATSPOT'S MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO $100.

10.3 EXCEPTIONS THE LIMITATIONS OF LIABILITY AND DAMAGE DISCLAIMERS IN THIS SECTION 11 SHALL NOT APPLY TO STRATSPOT'S LIABILITY FOR (I) DEATH OR PERSONAL INJURY RESULTING FROM STRATSPOT'S NEGLIGENCE, OR (II) ANY HARM RESULTING FROM STRATSPOT'S FRAUD OR FRAUDULENT MISREPRESENTATION. FURTHERMORE, SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10.4 FOUNDATION OF AGREEMENT THE LIMITATIONS OF DAMAGES AS OUTLINED ABOVE ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN STRATSPOT AND YOU.

PLEASE REVIEW THIS SECTION CAREFULLY AS IT CONTAINS LIMITATIONS ON STRATSPOT'S LIABILITY TO YOU.

11. DISCLAIMERS OF WARRANTIES

11.1 LISTING INFORMATION "AS IS": Given the open nature of the Services and the potential for errors in the storage and transmission of digital information, we do not provide warranties regarding the accuracy and security of information transmitted or obtained through the Services, unless explicitly stated otherwise on the Services. All product descriptions, information, and materials displayed on the Services are offered "as is," without any express or implied warranties or conditions, except those that cannot be excluded by applicable law.

11.2 PRODUCTS SOLD BY STRATSPOT: When you purchase a product sold by STRATSPOT through the Services, STRATSPOT is obligated to deliver the product in accordance with the mutually intended transaction, meeting reasonable commercial expectations, and is liable for any lack of conformity existing at the time of delivery. Conformity means that the goods: (i) match the description provided by us and possess the qualities we presented on this Site; (ii) are suitable for their normal intended purposes; and (iii) exhibit the quality and performance typical of goods of the same type and as reasonably expected.

TO THE FULLEST EXTENT PERMITTED BY LAW, STRATSPOT EXCLUDES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO PRODUCTS SOLD BY STRATSPOT, EXCEPT THOSE THAT MAY NOT BE EXCLUDED BY LAW.

11.3 PRODUCTS FROM THIRD-PARTY SELLERS: STRATSPOT does not provide warranties for products OFFERED OR sold by Third-Party Sellers. STRATSPOT EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND RELATING TO ANY PRODUCTS OFFERED OR SOLD BY THIRD-PARTY SELLERS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. If you purchase a product sold by a Third-Party Seller, you acknowledge and agree that you assume all risks associated with such purchase through the Services. WITHOUT LIMITING THE FOREGOING, STRATSPOT DOES NOT WARRANT THAT PRODUCTS OFFERED OR SOLD BY THIRD-PARTY SELLERS WILL MEET YOUR REQUIREMENTS, BE DELIVERED PROMPTLY, OR MATCH THE CONDITION DESCRIBED IN THE PRODUCT LISTING. STRATSPOT DOES NOT PROVIDE WARRANTIES REGARDING THE QUALITY OF SUCH PRODUCTS.

11.4 SERVICES PROVIDED "AS-IS": BY UTILIZING THE SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT WE PROVIDE THE SERVICES, INCLUDING THE SITE AND APP, ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, LEGALITY, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, OR ANY OTHER OFFERINGS PROVIDED BY THIRD PARTIES ACCESSIBLE THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER WHILE USING THE SERVICES. YOUR SOLE RECOURSE FOR DISSATISFACTION WITH THE SERVICES IS TO DISCONTINUE USE.

11.5 EXCLUSIONS: CERTAIN JURISDICTIONS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS SUCH, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT FULLY APPLY TO YOU, OR MAY BE APPLICABLE ONLY IN PART, BASED ON LOCAL LAWS.

12. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS

PLEASE CAREFULLY REVIEW THE FOLLOWING CLAUSES AS THEY CAN SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

12.1 APPLICATION OF ARBITRATION AGREEMENT: Subject to the conditions outlined in this Arbitration Agreement, you and STRATSPOT mutually agree that any dispute, claim, or disagreement arising from or related to your use of the Site, App, Services, or the Agreement, including disputes that originated before this Agreement's effective date (each referred to as a "Dispute"), will be resolved through binding arbitration instead of going to court. However, there are exceptions: (i) claims qualifying for and remaining in small claims court, and (ii) seeking equitable relief in court for intellectual property rights infringement (e.g., trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

12.2 WAIVER OF JURY TRIAL: YOU AND STRATSPOT BOTH WAIVE CONSTITUTIONAL AND STATUTORY RIGHTS TO A COURT TRIAL IN FRONT OF A JUDGE OR JURY. INSTEAD, ALL DISPUTES WILL BE RESOLVED THROUGH ARBITRATION UNDER THIS ARBITRATION AGREEMENT, EXCEPT AS NOTED IN THE "APPLICATION OF ARBITRATION AGREEMENT" SECTION ABOVE. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY, AND COURT REVIEW OF ARBITRATION DECISIONS IS LIMITED. ARBITRATION IS GENERALLY MORE STREAMLINED AND HAS LIMITED DISCOVERY COMPARED TO COURT PROCEEDINGS.

12.3 CLASS ACTION WAIVER: YOU AND STRATSPOT AGREE THAT, WITH THE EXCEPTION OF "BATCH ARBITRATION" DESCRIBED BELOW, EACH PARTY MAY ONLY PURSUE CLAIMS INDIVIDUALLY AND NOT AS PART OF A CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. BOTH PARTIES WAIVE THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTIONS. INDIVIDUAL RELIEF IS THE ONLY OPTION, AND DISPUTES INVOLVING MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH OTHERS' DISPUTES. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY TO THE INDIVIDUAL SEEKING IT, AND ONLY AS NEEDED TO PROVIDE RELIEF FOR THEIR CLAIM. TO THE EXTENT PERMITTED BY LAW, NO DISPUTE CAN BE ARBITRATED AS A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. THIS MEANS YOU CAN'T SEEK RELIEF ON BEHALF OF OTHERS THROUGH ARBITRATION. HOWEVER, THIS DOES NOT PRECLUDE YOU OR STRATSPOT FROM PARTICIPATING IN A CLASS-WIDE SETTLEMENT OF CLAIMS.

12.4 INFORMAL DISPUTE RESOLUTION: Before initiating arbitration, both you and STRATSPOT agree to make efforts to resolve Disputes informally. You must first notify the other party in writing of your intent to initiate an Informal Dispute Resolution Conference. The conference should occur within 45 days after the receiving party's notice, unless both parties agree to an extension. The notice must include your contact details, including your email address if you have an account, your attorney's contact details if applicable, and a description of the Dispute. This Informal Dispute Resolution Conference is a prerequisite to starting arbitration and tolls the statute of limitations and filing fee deadlines while in progress.

12.5 ARBITRATION PROCEDURES: If the Informal Dispute Resolution process doesn't resolve the Dispute within 60 days of your notice, either party can proceed to binding arbitration. The arbitration will be administered by JAMS, and specific rules apply based on the nature of the dispute's monetary value. Parties will bear their own attorneys' fees and costs, except when the arbitrator deems a claim frivolous or brought for an improper purpose.

12.6 BATCH ARBITRATION: If 25 or more substantially similar Requests are filed against STRATSPOT within 30 days by the same law firm, group of law firms, or organizations, JAMS will administer these demands in batches and appoint one arbitrator for each batch, leading to consolidated arbitration proceedings.

12.7 ARBITRATOR'S AUTHORITY: The arbitrator has exclusive authority to resolve Disputes, except for certain matters as stated in this Agreement. The arbitrator may grant motions related to Disputes and will issue a written award detailing findings, conclusions, and damages awarded. The arbitration award is final and binding, and it can be entered in court with jurisdiction.

12.8 30-DAY OPT-OUT: You can opt out of this Arbitration Agreement by sending written notice to info@stratspot.co.uk or info@moodcrafts.com within 30 days of becoming subject to this Agreement. Your notice must include your name, address, associated email address, and a clear statement of your intent to opt out. Opting out of arbitration doesn't affect the other parts of this Agreement, and any existing arbitration agreements remain in effect.

12.9 INVALIDITY, EXPIRATION: If any part of this Arbitration Agreement is found invalid or unenforceable under the law, the remaining provisions remain in effect. You agree that Disputes must be initiated via arbitration within the applicable statute of limitations or be barred. Statutes of limitation apply similarly to arbitration as in court.

12.10 MODIFICATION: If STRATSPOT makes a material change to this Arbitration Agreement, it will notify you. You have 30 days to reject the change in writing to STRATSPOT at Britannia House 11 Glenthorne Road London United Kingdom W6 0LH or info@stratspot.co.uk or info@moodcrafts.com. If you don't reject the change within this time frame, your continued use of the Site, App, or Services constitutes acceptance of the change.

12.11 GOVERNING COURTS: If a Dispute is not covered by an arbitration agreement, it will be resolved in Delaware state or federal courts (except for small claims court actions, which may be filed where you reside).

13. LEGAL TERMS

13.1 ASSIGNMENT: You cannot transfer or assign this Agreement, including your rights and obligations, without prior written consent. Any attempted assignment without complying with this requirement will be invalid. We have the freedom to assign or transfer this Agreement. This Agreement is binding on the parties, as well as their legal representatives, successors, and assigns.

13.2 ENTIRE AGREEMENT; No Waiver: These Terms, in conjunction with our Privacy Policy and any other legal notices and policies published on the Site or App, constitute the complete agreement between you and us regarding the Services, superseding any prior agreements, discussions, and writings. If any provision of these Terms is deemed unenforceable, it won't affect the validity of the remaining provisions, which remain in full force and effect. No waiver of any term in these Terms is considered a further or ongoing waiver of that term or any other term. Our failure to assert any right or provision under these Terms doesn't constitute a waiver of that right or provision.

13.3 ELECTRONIC COMMUNICATIONS: Communication between you and STRATSPOT may occur electronically, whether through the Services, email, or posted notices on the Services. For contractual purposes, you (a) consent to receive electronic communications from STRATSPOT, and (b) agree that all electronically provided terms, agreements, notices, disclosures, and other communications from STRATSPOT meet legal requirements as if they were in writing. This doesn't affect your statutory rights, including those under the Electronic Signatures in Global and National Commerce Act ("E-Sign").

13.4 INDEMNIFICATION: You agree to release, indemnify, and defend the Company, its subsidiaries, affiliates, related companies, suppliers, licensors, partners, and their officers, directors, employees, agents, and representatives from third-party claims and costs (including reasonable attorney's fees) arising from: (1) your use of the Services; (2) your interactions with other Services users, including Third-Party Sellers; (3) your breach of these Terms. We will notify you promptly of any such claim and provide reasonable assistance in defending it at your expense. You may not settle any such claim without our prior written consent. We reserve the right to assume the exclusive defense of any matter subject to indemnification at our expense, relieving you of further defense obligations. This provision does not require you to indemnify STRATSPOT for unconscionable practices, fraud, deception, false promises, misrepresentation, concealment, or omission of material facts related to the Services provided.

13.5 INTERPRETATION: When interpreting these Terms, headings are provided for convenience only and should not be considered part of the agreement's substance.

13.6 APPLICABLE LAW: These Terms and your use of the Services and product purchases through the Services are governed by the laws of the State of Delaware, consistent with the federal arbitration act. This choice of law excludes the United Nations Convention on Contracts for the International Sale of Goods.

13.7 CONSUMER COMPLAINTS: Pursuant to California Civil Code §1789.3, you can report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by writing to 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or calling (800) 952-5210.

13.8 EXCLUSIVE VENUE: If litigation in court is permitted under this Agreement, both you and STRATSPOT agree that all claims and disputes arising from or related to this Agreement will be exclusively litigated in California state or federal courts, except for small claims court actions that may be filed where you reside.

13.9 NOTICE: When STRATSPOT requires your email address, you must provide a valid and current email address. If the email address you provide is not valid or otherwise incapable of delivering required notices, STRATSPOT's dispatch of the email containing such notice will still constitute effective notice. You can give notice to STRATSPOT at Britannia House 11 Glenthorne Road London United Kingdom W6 0LH or info@stratspot.co.uk or info@moodcrafts.com or reach us on our WhatsApp line at +44 745 127 67 04. Notice is considered received when received by STRATSPOT's agent for service of process.

13.10 SEVERABILITY: If any part of this Agreement is found invalid or unenforceable, it will be interpreted to reflect the parties' original intention as closely as possible, and the remaining portions will remain fully valid and enforceable.

13.11 EXPORT CONTROL: You may not use, export, import, or transfer the Services unless authorized by U.S. law, applicable jurisdictional laws, and other applicable laws. By using the Services, you represent that you are not in a country subject to a U.S. Government embargo or designated as a "state sponsor of terrorism." You also will not use the Services for any unlawful purpose prohibited by U.S. or other applicable law, including the development of prohibited weapons. STRATSPOT products, services, or technology are subject to export control laws and regulations, and you must comply with them. You may not export STRATSPOT products, services, or technology without proper authorization.

Notice of Intellectual Property Infringement

14.1 NOTICE REQUIREMENTS:

We value intellectual property rights and, just as we expect others to respect our rights, we respect the rights of others. If you believe that material found on or linked to by the Services violates your copyright, trademark, or any other intellectual property rights, please report your complaint using our online intellectual property complaint portal. Alternatively, you can send a notice of alleged infringement to info@stratspot.co.uk or info@moodcrafts.com with the subject line "Takedown Request." Such a notice must include the following details:

• A physical or electronic signature of someone authorized to act on behalf of the owner of the intellectual property rights that have allegedly been infringed.
• Identification of the infringed intellectual property, including any corresponding registration number and the country of registration (if applicable).
• Clear identification of the material claimed to be infringing, including specific information about where it is located on the Site or App, providing enough detail for STRATSPOT to locate it.
• If the issue involves a design patent, please identify the design patent you claim has been infringed, along with its registration number.
• If it involves a utility patent, please identify the utility patent you claim has been infringed and include a Court Order or Judgment supporting your claim.
• Your complete legal name, company affiliation (if applicable), mailing address, telephone number, and email address.
• A statement from you stating that you believe, in good faith, that the use of the allegedly infringing material is not authorized by the intellectual property owner, its agent, or the law.
• A statement from you, made under penalty of perjury, affirming that the information provided in your notice is accurate, and that you are the intellectual property owner or authorized to act on their behalf.

You may also send notices containing the above-required information to the following address:

STRATSPOT LTD Britannia House 11 Glenthorne Road London United Kingdom W6 0LH +44 745 127 67 04 Company Unique Taxpayer Reference (UTR) 71601 18852

Upon receiving such notices, we reserve the right to take actions, which may include removing or disabling access to the material or links to the material, notifying the accused party of infringement, and terminating access to and use of the Services for any user or Third-Party Seller who repeatedly violates the intellectual property rights of STRATSPOT or others, or as otherwise described in this Agreement or our policies.

14.2 COUNTER NOTICE REQUIREMENT If you believe that material you posted on the Services was mistakenly removed or access to it was wrongly disabled, you have the option to file a counter-notification with us by submitting written notification to our designated copyright agent as mentioned above. In accordance with the Digital Millennium Copyright Act ("DMCA"), your counter-notification must include the following:

• Your physical or electronic signature.
• Identification of the material that was removed or to which access was disabled, along with its previous location before removal or access restriction.
• Sufficient information for us to contact you (including your name, mailing address, telephone number, and email address).
• A statement, under penalty of perjury, that you genuinely believe the removed material was a result of a mistake or misidentification.

A statement that you will submit to the jurisdiction of the UK Courts and that you accept service from the person (or their agent) who provided STRATSPOT with the complaint in question.

The removed material may be reinstated or access to it restored within 10 to 14 business days after processing your counter notice, unless the party alleging infringement files a lawsuit against you. Please be aware that providing false information claiming non-infringement may make you liable for damages, penalties, including costs and attorney's fees. STRATSPOT reserves the right to reject counter notifications filed in bad faith.

15. CONTACT US

We welcome your questions and comments about our privacy practices or these Terms. if you would like to exercise any of the rights available to you, please reach us on our WhatsApp line at +44 745 127 67 04 or email us at info@stratspot.co.uk or info@moodcrafts.com contact us at STRATSPOT LTD, 11 Glenthorne Road, Britannia House, London W6 0LH, United Kingdom.