Términos del servicio

The following terms and conditions (the “Agreement”) govern all use of the Immibrand website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by Martinez Calderon Co. (“Immibrand”). The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Immibrand.com – including, without limitation, Shipping, Return Policy, Privacy Policy and others. If you do not agree this Agreement, do not use the Site.
Immibrand provides a range of services including but not limited to, enabling you to publish, sell, comment on, promote, and purchase products, receive the benefits of Immibrand product production service including payment processing, transaction handling, product manufacturing, packaging, order fulfillment and customer service.

1. ACCESS

Subject to the terms and conditions of this Agreement, the Service is provided solely for User’s own personal use, and not for the use or benefit of any third party. Immibrand.com may change, suspend or discontinue the Services at any time, including the availability of any feature, or content. Immibrand.com may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. User certifies to Immibrand.com that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

2. MODIFICATIONS

Immibrand.com reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via e-mail or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User’s acceptance of the terms and conditions of this User Agreement as modified.

3. MEMBERSHIP

In order to enjoy all the benefits of Immibrand.com, User must register and become a member (“Member”). Membership requires that User register on the Site (including by filling-out all required personal information) and making a first purchase (“Products”) through the Site. User may opt out of marketing and promotional emails. User may cancel their membership at any time by sending email or canceling online from the Immibrand.com web page. User may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. User may never use another’s Immibrand.com account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Immibrand.com immediately of any breach of security or unauthorized use of your account. Although Immibrand.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Immibrand.com or others due to such unauthorized use.

4. CONTENT AND COPYRIGHT POLICY

If you submit, post, upload, display, or sell all information, images, pictures, data, text, photographs, graphics, messages, or other materials (“Content”) via Site, you grant Immibrand.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to use and archive the Content in accordance with or as reasonably contemplated by this Agreement. When you post, submit, or upload Content on the Site you represent and warrant that:

  1. You own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display, reproduce and sell the Content as Immibrand.com products. You license Immibrand.com to use and sub-license the Content in accordance with this Agreement.
  2. You and your Content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy. Immibrand.com reserves the right to review, and if necessary remove, any Content from the website or to cancel your account at its sole discretion, either because that content breaches this Agreement or any applicable laws, or otherwise. This means that you, and not Immibrand.com, are entirely responsible for all Content that you upload for sale as products, post, email, transmit or otherwise make available via the Services. If you believe that Content or other material residing on or accessible through the Immibrand.com Service infringes your copyright, please send a notice of claimed copyright infringement to us.

5. RESPONSIBILITY OF SITE MEMBERS AND VISITORS

Violation of any of these agreements will result in the termination of your Immibrand.com account. Immibrand.com and its designees shall have the right (but not the obligation) in their sole discretion to prescreen, refuse, or remove any Content that is available via the Immibrand.com Services. Without limiting the foregoing, Immibrand.com and its designees shall have the right to remove any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Immibrand.com or submitted to Immibrand.com, including without limitation information in Immibrand.com collaborations, posts and in all other parts of the Immibrand.com Services.

Without limiting other remedies, we may limit, suspend or terminate our Service and user accounts, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep users off the Immibrand.com websites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.

6. PAYMENTS AND FEES

Immibrand.com may save Member’s credit or debit card information and use it for all future shipments and charges which will automatically be charged to the saved card, unless Member notifies Immibrand.com through Site or e-mail. Immibrand.com currently accepts PayPal and following credit cards at this time: American Express, VISA and MasterCard.

When you purchase a Product, or use a Service that has a fee, you will be charged then current fees, which we may change from time to time. Changes to our fees are effective after we provide you with at least fourteen (14) days’ notice by posting the changes on the Site, e-mail notification, or by other means. We may choose to temporarily change the fees for our services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing as soon as you click on the “confirm” button. You will then receive an e-mail from us. By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun. Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services.

After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus delivery must be made in full before dispatch of your Products.

7. LOCAL TAXES

User is responsible for all sales taxes (as applicable).

8. SHIPPING AND RETURN

Purchases are subject to Immibrand.com Refund Policy. Restocking fees may apply. The risk of loss and title for Products ordered by Member shall pass to Member upon delivery of the items to the carrier. Immibrand.com reserves the right, and Member hereby authorize Immibrand.com to, charge Member for any damages up to the purchase price of the damaged Product(s). Replacement of products and credits to Member’s account for Products claimed as damages or not received are subject to Immibrand.com investigation and discretion.

9. DESCRIPTION OF PRODUCTS

Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.

We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design. We use our best efforts to provide you with the best images and description, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.

10. PURCHASE OF PRODUCTS

Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an email order confirmation. Any Products on the same order which we have not confirmed in a order confirmation e-mail do not form part of that contract.
Immibrand.com shall under no circumstances be held liable for any special losses due to specific circumstances of the customer, indirect or consequential losses or wasted expenditure.
Orders are placed and received exclusively via the Site. Before ordering from us, it is Member’s responsibility to check and determine full ability to receive the Products. Correct address and post code/zip code, up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of your Products. All information asked on the checkout page must be filled in precisely and accurately. Immibrand.com will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number.

Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact Immibrand.com via e-mail.

11. DELIVERY

We deliver to most places in the world. Delivery prices may vary depending on delivery location, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Standard delivery charges are shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.

Delivery lead time may vary however we aim to supply products within the U.S. within 10 working days of acceptance of order. Products supplied outside the U.S. will normally be delivered within 20 working days of acceptance of order. We can not guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for products that are delivered after the estimated delivery date.

This is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of your product as simple for you as possible.

Depending on the location for the delivery different carriers and services might be used to deliver your order, but all will be well vetted and of proven reliability. The Products will be your responsibility from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges

12. RELEASE

If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Immibrand.com has no control over and does not guarantee the delivery of the advertised collaborations and that Immibrand.com shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.

13. TRADE MARKS

If you use any of our trade marks in reference to our Products or Services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this Site).

14. INDEMNITY

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

15. LAW AND JURISDICTION

If a dispute arises between you and Immibrand.com, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the State of California. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the nonexclusive jurisdiction of the courts of the State of California.

16. GENERAL

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective thirty (30) days after they are initially posted.
This Agreement may not be otherwise amended except in a writing signed by you and Immibrand.com. This Agreement sets forth the entire understanding and agreement between you and Immibrand.com with respect to the subject matter hereof.

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SMS Notifications
You agree to receive shipping information and promotional alerts to your mobile. You're responsible for text fees.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Immibrand (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy [Insert URL Link to your Privacy Policy] (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Immibrand and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at billing@immibrand.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Washington, District of Columbia before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Immibrand’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

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