Terms of Service

1. Acceptance of Terms

Welcome to Everything & Beyond LLC ("Company," "we," "our," or "us"). By accessing or using our website everything-beyond.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site.

2. Use of the Site

Permitted Use

You may use our Site for lawful purposes only. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems or networks
• Use automated systems (bots, scrapers) without our permission
• Interfere with the proper functioning of the Site

Account Responsibility

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Intellectual Property Rights

All content on this Site, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, is the property of Everything & Beyond LLC or its content suppliers and is protected by United States and international copyright laws.

The MALVINOIR brand, music, videos, and related content are owned by Everything & Beyond LLC. Unauthorized use, reproduction, or distribution of any content from this Site is strictly prohibited.

4. User-Generated Content

If you submit, post, or transmit any content to our Site (e.g., comments, reviews, messages), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with our services.

You represent and warrant that you own or have the necessary rights to any content you submit and that such content does not violate any third-party rights or applicable laws.

5. Purchases and Payments

If you make a purchase through our Site (e.g., music downloads, merchandise, exclusive drops), you agree to provide accurate payment information and authorize us to charge the specified amount.

All sales are final unless otherwise stated in our Refund Policy (Section 6 below). We reserve the right to refuse or cancel orders at our discretion.

6. Refund Policy

Merchandise

Merchandise purchased through our Fourthwall shop is subject to Fourthwall's refund and return policy. Defective or incorrect items may be eligible for replacement or refund within 30 days of delivery. Contact us at [email protected] with your order details.

Digital Downloads

Digital music downloads and digital content are non-refundable once delivered or accessed. By completing a digital purchase, you expressly acknowledge that you are waiving your right to a cooling-off period under applicable consumer protection laws, to the extent permitted by law.

Ghostwriting and Lyrics Services

Ghostwriting and custom lyrics services are non-refundable once work has commenced. If you are dissatisfied with a delivered work product, you may request one round of revisions within 7 days of delivery. Custom lyrics orders that have not yet been started may be cancelled for a full refund within 24 hours of purchase.

7. Ghostwriting and Lyrics Services

Everything & Beyond LLC, through the MALVINOIR brand, offers professional ghostwriting and lyrics licensing services ("Lyrics Services"). By purchasing Lyrics Services, you agree to the following terms:

Scope of Services

• Purchase of existing featured song lyrics grants you a license to use the lyrics for personal or commercial purposes as specified at point of purchase.
• Custom lyrics writing services include original composition tailored to your specifications, delivered within the agreed timeframe.
• All custom services are performed by Everything & Beyond LLC or its authorized writers.

Copyright Assignment

For purchases designated as "Full Rights Transfer" or "Full Copyright Assignment," upon receipt of full payment, Everything & Beyond LLC hereby assigns to the purchaser all right, title, and interest in and to the delivered lyrics, including all copyright therein, pursuant to 17 U.S.C. § 204. This written assignment is effectuated by the completion of your purchase transaction, which constitutes your electronic signature and agreement to this transfer. Everything & Beyond LLC retains no rights to the assigned work following completed payment, except as expressly agreed in writing.

For purchases designated as "License" (non-exclusive or exclusive license without full transfer), the specific license terms (scope, territory, duration) will be specified at point of purchase. Everything & Beyond LLC retains copyright ownership under license arrangements.

Confidentiality

Everything & Beyond LLC agrees to maintain the confidentiality of custom lyrics orders and will not publicly disclose the existence of a ghostwriting arrangement without the purchaser's written consent.

Delivery

Delivery timelines for custom lyrics will be communicated at the time of order. Delays caused by incomplete or unclear client briefs do not constitute grounds for refund.

8. Third-Party Links and Services

Our Site may contain links to third-party websites and services, including YouTube, Spotify, Apple Music, Instagram, TikTok, and Fourthwall. We are not responsible for the content, privacy practices, or terms of service of these third-party platforms.

Your use of third-party services is governed by their respective terms and policies. Purchases made through Fourthwall are subject to Fourthwall's terms of service and privacy policy.

9. Disclaimers and Limitation of Liability

Disclaimer of Warranties

Our Site and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

To the fullest extent permitted by law, Everything & Beyond LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use our Site
• Unauthorized access to or alteration of your data
• Any content obtained from the Site
• Errors, mistakes, or inaccuracies in content

10. Indemnification

You agree to indemnify, defend, and hold harmless Everything & Beyond LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of the Site or violation of these Terms.

11. Termination

We reserve the right to suspend or terminate your access to the Site at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or your use of the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on this page with an updated effective date. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

14. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us:

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Everything & Beyond LLC regarding your use of the Site.