Terms of service

MELVIN MADE CANDLES

TERMS OF SERVICE


Last Updated: November 28, 2025


PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. THESE TERMS OF SERVICE DESCRIBE YOUR RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SERVICE.  IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ANY PROVISION OF THESE TERMS OF SERVICE, YOU MAY NOT USE, OR YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF, THE SERVICE. YOUR USE, OR CONTINUED USE, OF THE SERVICE MEANS YOU AGREE TO ALL OF THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO HEREIN.


  1. OVERVIEW.


Unless otherwise expressly stated herein, these terms of service (these “Terms of Service”) represent a legally binding agreement between Melvin Made Candles, LLC, for itself and on behalf of its parent, subsidiary, and affiliate entities (collectively, “Company”, “we”, “us”, or “our”), and each visitor, user, or customer (each, a “user,” and specifically you, “you” or “your”) of our owned and operated website, https://melvinmade.com, all affiliated websites, subdomains, mobile versions, and applications thereof or related thereto (including mobile applications), and any online media for or in connection therewith under our operation and control, as well as all backup, mirror, replacement, or substitute websites or webpages we make available as part of the services we provide (collectively, the “Service”). When you see the word “use” or “using,” we mean any time you or any other visitor or user directly or indirectly, attempts to or actually does access, interact with, display, view, browse, print, copy, transmit, receive, or exchange data, messages, content, material, or information, or otherwise communicates with us or anyone else, including, without limitation, another user, Partner, or any other person, company, or entity you or any other visitor or user may encounter on or through the Service (to the extent facilitated by the Service’s functionalities), or utilize, benefit, take advantage of, or interact with, any feature, function, or service or activity, promotion, or other content of, on, or available through the Service (together with the Service, the “Content”), for any purpose.


By accessing and using the Service, you acknowledge and agree that (i) you have read and understand the legal agreement you have with us, including these Terms of Service, the Privacy Policy, and any other applicable terms and conditions or policies that are linked to or referenced herein, or that we otherwise disclose or notify to you when you use or attempt to use the Service (collectively, the “Additional Terms”), which are expressly incorporated by reference herein and made part of your legal agreement with Company; (ii) unless you immediately stop using or trying to use the Service, you will be signifying your agreement to be legally bound by, and comply with, all of the terms and conditions that apply to you under these Terms of Service, the Privacy Policy, and the Additional Terms, as applicable; and (iii) you are at least eighteen (18) years old or the “age of majority” in your jurisdiction, if different. As set forth in the Privacy Policy, the Service is not intended for individuals under the age of eighteen (18) or the “age of majority” in an applicable individual’s jurisdiction, if different, and we do not knowingly collect, share, or sell Personal Information (as that term is defined in the Privacy Policy) from individuals under the age of eighteen (18) or the “age of majority” in an applicable individual’s jurisdiction, if different. 


Capitalized terms used in these Terms of Service but not otherwise defined herein will have the respective meanings assigned to such terms in the Privacy Policy or the Additional Terms, as the case may be. In the event of any conflict between the terms of these Terms of Service or the Privacy Policy or any Additional Terms, the terms of the Privacy Policy or the Additional Terms will govern and control solely to the extent of such conflict and solely with respect to the applicable Services that are the subject of the conflict.


As used herein, our “Partners” refers to our suppliers, vendors, sponsors, advertisers and other promotional and advertising partners, operational service providers, licensors, licensees, agents, representatives, successors, and assigns and each of their respective parent, subsidiary, and affiliate entities.


  1. CHANGES TO THE SERVICE AND TERMS OF SERVICE.


We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete, and/or modify, amend, or otherwise update any or all the terms and conditions of these Terms of Service or any Additional Terms that apply to you, as well as the Service and/or any Content. We display the effective date of these Terms of Service at the top of this page, indicated by the “Last Updated” legend. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THESE TERMS OF SERVICE OR ADDITIONAL TERMS WILL APPLY IMMEDIATELY UPON POSTING THEM TO THE SERVICE. If you use the affected Service after the changes become effective, it means you are agreeing to be bound by the changes to these Terms of Service and Additional Terms, as the case may be. You should check on a regular and frequent basis and review the terms and conditions of these Terms of Service and Additional Terms that apply to you so you are aware of the current rights and obligations that apply to you.


  1. SERVICE TESTING.


From time to time, we may test various aspects of the Service, including the platform, user interfaces, service levels, and features associated therewith, and we reserve the right to include you in or exclude you from these tests without notice.


  1. USER PRIVACY AND OUR PRIVACY POLICY.


By accessing and using the Service, you are agreeing to be bound by our Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your Personal Information.


  1. ACCOUNT INFORMATION. 


The Service may enable, or require, users to create an account (each, an “Account”) when purchasing candles or other products (collectively, “Products”) via the Service. When you register an Account with us, you must provide us with complete, current, and accurate information (including, without limitation, certain Personal Information as requested when registering an Account and, thereafter, as and when requested by Company from time to time (collectively, “Account Information”). By providing Company with any Account Information, you grant to us, our Partners (as applicable), and to all other persons, companies, and other entities involved in the operation of the Service the right to use, store, monitor, retrieve, and transmit such Account Information for and in connection with the operation of the Service and as otherwise contemplated herein and in the Privacy Policy, which sets forth our information collection and use policies with respect to the privacy of your Account Information. You acknowledge, consent, and agree that we may access, preserve, and disclose your Account Information and your Content if required to do so by Applicable Law (as defined herein), or if we believe in good faith that such access preservation or disclosure is reasonably necessary or helpful to (i) comply with legal processes; (ii) enforce these Terms of Service, including, without limitation, investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; (iv) respond to any Claim (as defined herein) that your Account or Content violates the rights of third parties; (v) provide certain customized features of the Service to you, if any; (vi) respond if you contact us for any reason; or (vii) protect the rights, property, or personal safety of Company, any one or more of our Partners, other users, and the public.


You may not disclose your Account Information to any other person that you do not intend to have full access to your Account, and you will notify us immediately upon discovery of any unauthorized use of your Account or unauthorized disclosure of your Account Information. You acknowledge and agree that you are solely responsible and liable for all activities that occur under your Account, whether or not you have knowledge of such activities. You further agree not to knowingly login to an Account or otherwise use Account Information of any other person without authorization. Company is not responsible for any loss or damage as a result of someone else using your Account or Account Information with or without your knowledge.


We reserve the right to immediately suspend or terminate your Account, for any reason in our sole discretion and without prior notice to you, including, without limitation, if you violate these Terms of Service or any Additional Terms. Without limitation of any other actions or other remedies available to us under Applicable Law or as otherwise set forth in these Terms of Service with respect to Accounts terminated by us for any type of abuse, including, without limitation, a violation of these Terms of Service or any Additional Terms, such terminated Accounts may not be reactivated. 


  1. PRODUCTS PURCHASE POLICY. 


Payments for Products and Purchase Agreement 


When you purchase Products via the Service, and as further described in our Privacy Policy, you will be asked to supply our third-party payment processor (“Payment Processor”) with certain information relevant to your transaction, including, without limitation, your name, email address, information about your form of payment (i.e., credit card, payment card, or other payment method and the expiration date and security/CVV code, if applicable), the billing address associated with such form of payment, and other related information (collectively, “Transaction Information”). BY PROVIDING THE PAYMENT PROCESSOR WITH ANY TRANSACTION INFORMATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY PURCHASES YOU MAKE THROUGH THE SERVICE AND TO PROVIDE THE PAYMENT PROCESSOR WITH ALL RELATED TRANSACTION INFORMATION.


You agree to pay all fees and charges, including, without limitation, all shipping and handling charges, that may be incurred by you or on your behalf through the Service (including through your Account), at the prices and amounts in effect when such fees and charges are incurred and you authorize the Payment Processor to charge all applicable amounts for the orders that you make to the credit card, payment card, or other payment method specified at the time the order is placed. In addition, you remain responsible for any taxes that may be applicable to your transactions.


Products Availability


Products displayed or advertised on the Service may be out of stock, discontinued, or otherwise unavailable. Sometimes you may add Products to your cart but, by the time you check out and your order processes, that Products may no longer be available for purchase; if that happens, we will notify you via email at the email address associated with your Account or provided by you at the time of checkout and either (i) direct the Payment Processor to issue a refund to your original form of payment (to the extent payment has been processed) for the unavailable Products, or (ii) assist you in modifying your order to replace the unavailable Products with suitable alternative Products and then either direct the Payment Processor to issue a refund to your original form of payment for the difference in price if the replacement Products is of lesser value or charge your original form of payment the difference in price if the replacement Products is of greater value.


Products Pricing, Information, and Descriptions 


Prices for Products displayed on the Service are quoted in U.S. Dollars and are subject to change at any time. We make every effort to display Products and their qualities and attributes, such as their colors, sizes, textures, and appearance, as accurately as possible on the Service. However, you should be aware that the displayed qualities and attributes of the Products depend upon a variety of factors out of our control, including users’ monitors or mobile device screen resolution, physical environment while viewing Products through the Service, and other factors, so we cannot guarantee that the qualities and attributes of Products will always be accurately portrayed on the Service. If you have any questions about any the qualities and attributes of any specific Products, please do not hesitate to contact us and our customer service team will do their best to assist you. 


Company is not responsible for typographical errors, inaccuracies, or omissions on the Service pertaining to Products and its availability, price, or descriptions, qualities, or attributes. As a result, we do not guarantee the accuracy or completeness of any information on the Service, including prices, Product images, specifications, and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted an order for Products).


Returns and Exchanges of Products


Unless otherwise stated on the Service or required by Applicable Law, eligible Products may be returned or exchanged within thirty (30) days of delivery. To initiate a return or exchange, you must follow the instructions provided through the Service or by our customer service team and provide any requested Transaction Information. Products must be returned in their original condition, unused and unworn, with all tags, packaging, and accessories included.


Except where a Product has a material defect, you are responsible for all costs associated with returning Products, including shipping and handling. For Products returned due to a material defect, Company will provide a prepaid return label or otherwise cover the reasonable cost of return shipping. All returns, whether for refund or exchange, must be shipped to our third-party order-fulfillment partner, presently Shipvine, Inc. (“Shipvine”), at: 


Shipvine, Inc. 

2200 Decatur Street 

Richmond, VA 23224

United States of America 


Once Shipvine receives and inspects the returned Products and confirms that all return conditions are met, we will either: (i) direct the Payment Processor to issue a refund to your original form of payment for the amount paid for the returned Products (excluding original shipping and handling charges, unless required by law), or (ii) process an exchange and charge or refund any price difference to your original form of payment. Refund timing depends on the Payment Processor and your financial institution.


Products designated as “Final Sale,” “Non-Returnable,” or similar are not eligible for return or exchange unless defective or otherwise required by applicable law. Company is not responsible for Products being returned that are lost or damaged in transit before they are received by Shipvine; we encourage you to use trackable shipping methods.


  1. COMMUNICATIONS FROM COMPANY.


By registering or creating an Account, or otherwise providing us with your email address, you may be automatically subscribed to receive certain email notifications (including, without limitation, Service or Product announcements and other administrative, customer support, and/or promotional notifications) from us or our Partners (collectively, “Automatic Communications”), or we may give you the option to select and receive certain email notifications from us (collectively, “Voluntary Communications”). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications. For more details, see the section of the Privacy Policy entitled “Email Notifications and Opt Out.”


  1. RELATIONSHIP WITH SHOPIFY. 


The Service is powered by Shopify, Inc. (“Shopify”) which enables us to provide the Service to you. However, any purchases of Products made via the Service are made directly with Company and/or the Payment Processor. Accordingly, by using or accessing the Service, you acknowledge and agree to Shopify’s Terms of Service, available at: https://www.shopify.com/legal/terms. Further, you acknowledge and agree that Shopify is not responsible for any aspect of any purchases of Products between you and Company, including any injury, damage, or loss resulting from purchased Products. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Company.


  1. OWNERSHIP OF SERVICE AND CONTENT; USER CONTENT.


As between each user and Company, Company retains all right, title and interest (including all copyrights and other intellectual property rights related thereto or contained therein) in and to the Service and all elements thereof, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, pages, software, underlying code, and data, (ii) all business processes, procedures, methods, and techniques used for or in connection with the Service, (iii) all other content, material, information, Trademarks (defined herein), and other original works of authorship and/or intellectual property (including, without limitation, all applicable images, pictures, photographs, artwork, designs, written materials, graphic materials, audio content, video content, audiovisual content, or other copyrightable works) uploaded to, or incorporated into, the Service by or on behalf of Company or its Partners, (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and (v) the coordination, selection, arrangement and enhancement of the foregoing as a Collective Work under the United States Copyright Act of 1976, as amended (collectively, “Content”), and nothing contained herein will be construed as creating or granting to any user any right, title or interest in and to the Service or such Content other than the express license granted therein to users pursuant to this subsection of these Terms of Service. The Service and all Content are protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary and intellectual property rights and laws.


All trademarks, service marks, trade names, brand names, logos, insignia, and other product or service identifiers used and/or displayed on or through the Service (collectively, the “Trademarks”) are the registered or unregistered Trademarks of Company or one or more third parties, including our Partners. Except as expressly provided in these Terms of Service or as otherwise permitted by Applicable Law, any use of the Trademarks is expressly prohibited, no user may make any permitted use the Trademarks to disparage Company or the applicable third-party owner thereof, the Company’s or the applicable third-party’s products or services (including, without limitation, the Service), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Nothing on the Service should be construed as granting any user, by implication, estoppel, or otherwise, a license or right in or to the Trademarks of Company or any third-party without the express written permission of Company or the applicable third-party owner thereof. All goodwill generated from the use of any Trademark will inure solely to the benefit of the Company or the applicable third-party owner thereof.


Company hereby grants each user a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and make use of the Service and the Content, solely as permitted by the features and functionalities made available to such user of the Service, subject in all respects to these Terms of Service, and not for resale or redistribution of any kind.


Violation of the limited license granted pursuant to this subsection may result in infringement of intellectual property and contractual rights of the Company, other users of the Services, or other third parties (including, without limitation, our Partners), which is prohibited by law and could result in substantial civil and criminal penalties.


Solely to the extent the Service contains interactive areas where users can submit or upload their own content, materials, information, text, feedback, Products reviews, data, copyrights, Trademarks, designs, images, photos, music, screenshots, videos, and other intellectual property (collectively, “User Content”), you retain ownership to any and all of your own User Content and these Terms of Service do not deprive you or any holder of your or their rights therein and thereto.  You represent and warrant that any User Content you submit or upload to the Service will not be defamatory, harmful, infringing, derogatory, hateful, or otherwise contain inappropriate content, and will comply with the usage rules set forth in these Terms of Service.


When you do submit or provide User Content, you are giving us an unconditional, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers), worldwide, perpetual, and irrevocable right and license to use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate, and/or broadcast that User Content and create derivative works based thereupon, including, without limitation, in and in connection with (i) the operation and provision of the Service, (ii) the advertising, marketing, promotion, and publicity of the Service (including, without limitation, the use and inclusion of User Content in case studies), and, (iii) identifying such user as the source of the applicable User Content, and you are representing and warranting to us you have all necessary rights, consents, and/or permissions to grant us such license. If you do not have the right (or if you are not certain whether you have the right) to license your User Content to us in accordance with the foregoing terms, do not submit or provide User Content to us. We make no representations that your User Content will remain available via the Service in any way. We may remove your User Content at our sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE SERVICE IS MADE PUBLICLY AVAILABLE TO USERS OF THE SERVICE, AND WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS IN OR TO SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.


Each user is solely responsible and liable for any User Content that it uploads, publishes, or otherwise makes available on or through the Service. We do not assume any responsibility to monitor User Content for accuracy or unacceptable use, regardless of whether at any time we choose in our sole discretion, to monitor or remove any User Content from the Service. We do not represent or warrant the truthfulness, accuracy, or reliability of any User Content, nor do we endorse or support any opinions or ideas expressed in any User Content, and each user who views, listens to, or otherwise interacts with User Content of other users does so at such user’s own risk. We reserve the right to block transmission of, and/or to remove, reject, delete, or-de-link any User Content from the Service for any reason, at our sole discretion, and without prior notice to you, including, without limitation, if we determine that any User Content is in violation of these Terms of Service, and we will have no liability to you in connection with such actions. We encourage you to report offensive or illegal User Content by contacting us at support@melvinmade.com and we reserve the right to block transmission of, and or remove any User Content that you post to the Service for any reason, and without prior notice to you.


You may only use our Content and third-party User Content for your own personal use and you have no right to transfer, assign, or use any of the foregoing for any other purpose or allow or enable any other person, company, or entity to do so. Personal use excludes all commercial or charitable functions, whether or not money or other consideration is involved, whether or not it is for your benefit or for someone else. You may not use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate and/or broadcast, or create derivative works based upon, Content or User Content that is not yours without our express prior written consent. You may not alter, delete, or conceal copyright or other notices, even if we let you download, display, print, or share the Content or User Content with others. Unauthorized or prohibited use of Content or User Content may subject you to civil liability, criminal prosecution, or both under Applicable Law. Notwithstanding the foregoing, please also see section of the Privacy Policy entitled “Your Rights” for a description of how you may protect your Personal Information.


  1.  PROCEDURES FOR CLAIMED COPYRIGHT INFRINGEMENT. 


Digital Millennium Copyright Act 


Company respects the intellectual property rights of others and expects that all users will do the same. If you believe in good faith that your User Content or any other copyrightable works or materials for which you own or control the rights have been uploaded, published, or otherwise made available on or through the Service, in a manner that constitutes copyright infringement, in accordance with the U.S. Digital Millennium Copyright Act (as may be amended from time to time, the “DMCA”), you may notify Company’s designated DMCA agent, whose contact information is below, which notice must include the following information: (i) your name, address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed and an explanation as to why you think an infringement has taken place; (iii) a description of where the content or material you claim is infringing is located on the Service, in sufficient detail for Company to locate such content or material; (iv) a statement that you have a good faith belief that the disputed use is not authorized by you (i.e., the copyright owner), your agent, or Applicable Law; (v) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf; and (vi) your electronic or physical signature. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement:  


Melvin Made Candles, LLC 

Attn: DMCA Registered Agent 

[DMCA Registered Agent Address]

United States of America

[DMCA Registered Agent Email Address]


Failure to include all the above information in your notice, especially specific information about where infringing content or material may be found, will result in a delay in the processing of your DMCA notification of claimed infringement and may result in you having to repeat some or all the above processes. If Company receives notice of claimed copyright infringement in a manner that complies with the above requirements and the DMCA, Company will respond expeditiously by removing, or disabling access to, the content or material that is claimed to be infringing, as described above. Company will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. Company may, at Company’s discretion, deny access to the Service by users who may have infringed the copyright(s) of others, including via a temporary suspension of such user’s Account or a termination of such user’s Account.


Counter-Notification


If your User Content was removed for copyright infringement pursuant to a notice of claimed infringement under the DMCA and you would like to dispute the removal, you may, pursuant to Section 512(g) of the DMCA, file a counter-notification by providing Company’s designated DMCA agent, per the contact information below, with a written communication that sets forth the items specified below. Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that Company enforces a policy that provides for the suspension or termination, in appropriate circumstances, of users who are copyright infringers. Accordingly, if you are not sure whether certain User Content infringes your copyright or the copyrights of others, Company suggests that you first contact an attorney. To expedite Company’s ability to process your counter-notification, Company asks that you please do the following: (i) provide your full name, address, telephone number, and email address; (ii) provide a description of the User Content that Company has removed and identify the specific URLs of (or other information sufficient to allow Company to identify) the User Content that Company has removed or to which Company has disabled access; (iii) provide a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located, or if your address is located outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification to Company’s agent in accordance with the process outlined above or an agent of such person; (iv) provide a statement by you under penalty of perjury under Applicable Law that the information in your counter-notice is accurate; (v) provide the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and (vi) your electronic or physical signature. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:


Melvin Made Candles, LLC 

Attn: DMCA Registered Agent 

[DMCA Registered Agent Address]

United States of America

[DMCA Registered Agent Email Address]


After Company receives your counter-notification, Company will forward it to the party who submitted the original notice of claimed copyright infringement. Please note that, when Company forwards the counter-notification, it includes any of your personally identifiable information set forth in the counter-notification. By submitting a counter-notification, you consent to having such personally identifiable information revealed in this way. Company will not forward the counter-notification to any party other than the original claimant. After Company sends out the counter-notification, the claimant must then notify Company within ten (10) days that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to your User Content. If Company receives such notification, Company will be unable to restore the items. If Company does not receive such notification, Company may, but is not obligated to, reinstate the disputed item(s).


If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership of the copyrighted material that is subject to the notice of claimed infringement. Be aware that there may be adverse legal consequences in your country and/or the United States if you make a false or bad faith allegation by using this process. Please also be advised that Company enforces a policy that provides for the termination in appropriate circumstances of access privileges for users who are infringers. If you are not sure whether User Content posted by you is being infringed, or if you are otherwise unsure of whether to file a counter-notification using these procedures, Company strongly recommends that you first contact a lawyer knowledgeable in the copyright laws of the United States. If you do wish to file a counter-notice, then you should follow the process for counter-notifications set forth above. COMPANY IS NOT YOUR ATTORNEY, AND THE INFORMATION COMPANY PRESENTS HERE IS NOT LEGAL ADVICE. COMPANY PRESENTS THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD CONSULT WITH YOUR OWN ATTORNEYS REGARDING ANY DMCA ACTIONS.


  1. USAGE RULES.


The Service may not be used, modified, reproduced, duplicated, copied, published, distributed, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the features and functionalities made available to users of the Service, subject to these Terms of Service and any Additional Terms applicable to you, or without the express prior written consent of Company or the applicable third-party owner of the Content or User Content, in each instance.


You may never use, allow or enable or knowingly condone any other person, company, or other entity to use, the Service to do or attempt to any of the following, for any reason:


  • violate any applicable law, including, without limitation, under U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties (as may be amended from time to time, collectively, “Applicable Law”), or our rights or the rights of any other person, company, or other entity;


  • engage in conduct that is libelous, slanderous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, bullying, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;


  • transmit, post, or submit through the Service any false, misleading, or spam reviews;


  • impersonate any other person, company, or other entity or any of our or their employees and agents or otherwise use any fake, false, or fictitious names or profiles;


  • use the Service for posting or otherwise using malicious or unauthorized code (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment, including the Service;


  • gain unauthorized use of the Service, other users’ Accounts or Account Information, names, login or password information, or Personal Information or use the Service in any manner which violates or is inconsistent with the provisions or spirit of these Terms of Service;


  • modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Service or the rights or use and enjoyment of the Service by any other person, company, or other entity;


  • access, copy, reproduce, use, or create derivative works of any Content or textual information pertaining thereto or images or photos thereof, Trademarks, User Content, or any other content, materials, information, text, copyrightable materials or other original works of authorship, images, pictures, photos, designs, artwork, graphics, stills, musical compositions, sound recordings, audio content or files, videos or video files, audiovisual content or files, software, firmware, code, tools, databases, textual links, keywords, data or metadata, chats, or other intellectual property of any kind or nature uploaded to, or contained in, the Service, or for purposes of training, any machine learning or artificial intelligence (AI) or similar technologies now known or hereafter devised, including, without limitation, technologies that are capable of generating works in the same style or genre as any of the foregoing (i.e., “generative AI”), whether for personal use, commercial use, or otherwise;


  • collect, obtain, compile, scrape, frame, gather, transmit, reproduce, delete, revise, view, or display the Service, the Content, or any material or information, whether personally identifiable or not, submitted, provided, or made available by or concerning any other person, company, or other entity;


  • engage in any activity or fail to report any activity involving spam, junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes; or 


  • use any robot, spider, or other automated means to access, scrape, harvest, or mine the Service, the Content, or the services made available through the Service.


Engaging in or permitting any of the foregoing restricted activities constitutes a material breach of these Terms of Service and may constitute a violation of Applicable Law and may also subject you to third-party claims and none of the rights granted to you in these Terms of Service may be raised as a defense against any third-party claims arising from any such violation.


If you encounter or learn of any user who has violated these Terms of Service in any manner, including, without limitation, by violating any of the Service usage restrictions set forth above and/or in any Additional Terms, please email Company at support@melvinmade.com. Company may, but is not obligated to, take any of the actions set forth herein against users who violate any of the restrictions set forth in these Terms of Service.


  1. FEEDBACK.


While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our users. If you choose to contribute by sending us or our employees any ideas, feedback, or suggestions for our Service (collectively, “Feedback”), then regardless of what your accompanying communication may say, you agree that the following terms will apply: (i) Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Company is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Company a perpetual, irrevocable, worldwide, and unlimited permission to use, copy, store, reproduce, display, distribute, publish, modify, adapt, transmit, publicly perform, broadcast, make derivative works of, make collective works with, translate, and otherwise exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified. You represent and warrant that you have the right to make the foregoing grant to Company and that none of the Feedback infringes any intellectual property or any other rights of third parties or Applicable Law. Notwithstanding the foregoing, we grant to you a conditional, non-exclusive, royalty-free, non-transferable, non-sublicensable, worldwide, perpetual, and revocable right and license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.


  1. SUSPENSION; TERMINATION.


You agree that Company may suspend or terminate your access to the Service or any Account you may have, or any portion thereof, at any time, for any reason or no reason, without prior notice to you, and you agree that we shall not be liable to you or any third party for any such termination. Company reserves the right to modify, suspend, or discontinue the Service and/or access to it at any time, for any reason or no reason, without prior notice to you, and Company will not be liable to you should we exercise such rights, even if your use of the Service is impacted by the change. These remedies are in addition to any other remedies we may have at law, in equity, or under these Terms of Service or any of the Additional Terms, all of which shall be cumulative.


  1. REPRESENTATIONS AND WARRANTIES.


In addition to any other representations and warranties made by you pursuant to these Terms of Service or any Additional Terms, you represent and warrant that: (i) you are at least eighteen (18) years old (or any other applicable age required to be deemed to have reached the “age of majority” under the applicable law of the state or jurisdiction of your primary residence) and are fully able and competent to enter into these Terms of Service; (ii) you have the right, authority and capacity to enter into, and to be bound by, these Terms of Service and any Additional Terms applicable to you, and that you will so abide; (iii) all Account Information provided by you is true, accurate, current and complete, and will be submitted solely by you and appropriately maintained by you; (iv) as applicable, you are the sole owner of all right, title and interest in, or have obtained all necessary rights and licenses from the applicable third-party owner of, any User Content that you upload, publish or otherwise make available on or through the Service to grant Company the rights set forth herein, free and clear any of further payment or attribution requirements.


  1. INDEMNIFICATION.


By using the Service, you agree to indemnify, defend, and hold harmless Company and each of its Partners and each of their respective officers, directors, stockholders, managers, members, partners, joint venturers, employees, independent contractors, operational service providers, consultants, licensors, licensees, attorneys, representatives, agents, heirs, successors and assigns (collectively, the “Indemnitees”) from and against any and all losses, damages, liabilities, penalties, fines, costs, and expenses, including, without limitation, attorneys’ fees and court costs, arising from or relating to any claim, action, cause of action, demand, allegation, or proceeding, of any and every kind, nature, and character, whether based in whole or in part in contract, tort, negligence, statute or otherwise (each, a “Claim”), brought or asserted by a third party to the extent arising from (i) your breach or violation, or allegation which if true would constitute a breach or violation, of any representation, warranty, covenant, or obligation under these Terms of Service or any of the other Additional Terms; (ii) your use or misuse of the Service, Content, User Content, or your dealings with third parties, including, without limitation, other users arising from your use of the Service; (iii) any User Content that you upload, publish or otherwise make available on or through the Service; (iv) any violations, or allegations which if true would constitute a violation, of Applicable Law; and (iv) any unauthorized use, or allegation which if true would constitute an unauthorized use, of your Account. Company will promptly notify you of any such claim, and you will assume control of the defense of such claim upon Company’s request. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company. 


  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; BASIS OF THE BARGAIN.


ALTHOUGH WE MAY UPDATE THE CONTENT ON THE SERVICE FROM TIME TO TIME, PLEASE NOTE THAT SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS OR INACCURACIES. YOU RELY ON THE INFORMATION CONTAINED ON THE SERVICE AT YOUR OWN RISK. 


THE SERVICE, PRODUCTS, AND THE CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF THE SERVICE OR THE PRODUCTS WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED, OR THAT THE SERVICE AND THE CONTENT THEREON ARE ACCURATE, TIMELY, COMPLETE, OR ERROR-FREE AND YOU SHOULD NOT RELY ON THE SERVICE OR ANY CONTENT FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. NEITHER COMPANY NOR ANY OF OUR PARTNERS OR OTHER INDEMNITEES ARE RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, LOSS OF DATA, OR INABILITY TO ACCESS OR USE THE SERVICE OR THE CONTENT, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS, AND INFORMATION BECAUSE YOU ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE SERVICE.


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM, FOR OURSELVES AND ON BEHALF OF OUR PARTNERS AND OTHER INDEMNITEES, ALL LIABILITY FOR LOSS, DAMAGE, COST, AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE, THE PRODUCTS, OR FROM THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU UNDER APPLICABLE LAW. IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, COMPANY AND OUR PARTNERS AND OTHER INDEMNITEES SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; PROVIDED, HOWEVER, IN NO EVENT SHALL COMPANY AND OUR PARTNERS OR OTHER INDEMNITEES’ TOTAL AND COLLECTIVE LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).


YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED ITS SERVICE AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.


TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”


  1. THIRD-PARTY NOTICES, CONTENT AND COMMUNICATIONS.


Company disclaims all liability for any applicable communications directed to you from any third-party, directly or indirectly, in connection with the Service (“Third-Party Communications”) that you may receive, and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.


The Service may contain third-party content, third-party integrated API service providers, or links (such as hyperlinks) to third-party websites, products or services that are not owned or controlled by Company (collectively, “Third-Party Content”). They are provided as an information service, for reference and convenience only. Company does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, or products or services. Company does not make any representations or warranties with respect to any Third-Party Content and all use thereof, or interaction therewith, is at your own risk. Inclusion of any Third-Party Content on the Service does not constitute or indicate Company’s endorsement thereof and Company will not be liable or responsible for any Third-Party Content transmitted through the Service. You will be subject to any additional terms and conditions of use, guidelines, rules, or governance protocols applicable to any Third-Party Content that you access through the Service, and we recommend you read such terms and conditions prior to doing so (“Third-Party Terms”). You acknowledge and agree that Company will not and cannot censor or edit any Third-Party Content and that you will assume the sole responsibility for, and risk associated with your use of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, Company encourages you to be aware when you leave the Service and/or otherwise interact with Third-Party Content via the Service and to read the terms and conditions of use and privacy policies associated with any such Third-Party Content.


By using the Service, you expressly relieve and hold Company harmless from any and all liability arising from your interaction with any Third-Party Communications and use of Third-Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content on the Service or the failure of such Third-Party Content to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from Third-party Content.


  1.  GEOGRAPHIC DISCLAIMER.


We make no representations that the Service is appropriate or available for use in locations outside of the United States. Access to the Service and the Content may not be legal for some persons or in some countries outside the United States. If you elect to access and use the Service and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all Applicable Law.


  1. CHOICE OF LAW.


These Terms of Service shall be construed and enforced under the laws of the State of New York applicable to parties residing in and contracts made, executed, and wholly performed within the State of New York. The Uniform Computer Information Transactions Act does not apply to these Terms of Service. With respect to the resolution of any dispute or controversy arising out of these Terms of Service or your use of the Service, you specifically agree and submit to the exclusive jurisdiction of the Federal and State courts situated in the County of New York in the State of New York, and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise, and YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING COMMENCED WITH RESPECT THERETO.


  1. WAIVERS OF CERTAIN LEGAL RIGHTS.


You agree that you will only sue Company and our Partners or other Indemnitees as an individual, and that you will not file a class action or participate in a class action against any one or more of such parties.


No claim or action relating in any way to these Terms of Service, the Privacy Policy, Additional Terms, the Service, the Content, or otherwise with respect to the subject matter hereof, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose). Otherwise, such cause of action is permanently barred.


  1. RIGHT TO NOTIFY TO LAW ENFORCEMENT.


If, for any reason, we believe, have reason to believe, suspect, or are notified of any act, omission, or circumstances which may or could compromise or endanger the health, wellbeing, or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon, or misappropriates the rights of others, harasses or interferes with any other user or person, company, or other entity, interferes with or bypasses our security or other protective measures applicable to our systems, networks, and communications capabilities, breaches or violates these Terms of Service, the Privacy Policy, Additional Terms, the Service, the Content, or any Applicable Law, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity, or under these Terms of Service or any of the Additional Terms, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by Applicable Law.


  1. ELECTRONIC SIGNATURES.


In order to facilitate certain features, functionalities, and/or transactions via the Service, you may be given the option to sign certain documents, including, but not limited to, quotes, updates, notifications or other information that you request, transaction receipts, documents requiring your signature, or any other documents (“Service Communications”) electronically by either checking the appropriate box or engaging in a similar online process as instructed online. You agree that by selecting the appropriate button within or adjacent to the applicable Service Communication or engaging in a similar online electronic signature process, you are providing your electronic signature and agree to be bound by the terms and conditions contained in such Service Communication just as if you had signed your name to a paper document.


  1. ENTIRE AGREEMENT.


These Terms of Service, together with the Privacy Policy and any Additional Terms that apply to you, constitute the entire agreement you have with us regarding the Service, the Content, and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter.


  1. SEVERABILITY.


The illegality, invalidity, or unenforceability of any term or condition contained in these Terms of Service is severable and shall not affect the rest of these Terms of Service. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination.


  1. ASSIGNMENT.


We may freely assign, delegate, subcontract, or transfer our rights, obligations, and/or duties under these Terms of Service or any of the Additional Terms to any party at any time without notice to you. You may not assign, delegate, subcontract, or transfer any of your rights, obligations, or duties under these Terms of Service or any of the Additional Terms to anyone else.


  1. WAIVER.


Any provision of these Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms of Service or any of the Additional Terms will not constitute a waiver of such right or provision.


  1. NOTICES.


We may deliver notice to you under these Terms of Service or any of the Additional Terms by means of email, a general notice on the Service, or written communication delivered by First-Class U.S. Mail to your address on record in your Account, if any. You may give notice to us at any time by letter delivered by First-Class U.S. Mail or overnight courier, return receipt requested, postage prepaid, to the following address:


Melvin Made Candles, LLC 

Attn: Legal

United States of America


  1. NOTICE FOR CALIFORNIA RESIDENTS.


Under California Civil Code Section 1789.3, users of the Service from California are entitled to receive information on how to resolve a complaint regarding the Service or to receive further information regarding use of the Service. Such complaints or requests may be submitted to Company by email at support@melvinmade.com.


  1. CONTACT US.


If you have any questions about these Terms of Service, please contact Company by email at support@melvinmade.com.



© 2025 Melvin Made Candles, LLC. All rights reserved.