Terms of Services
Oh My Brand Terms & Conditions
Last updated: December [31th] 2020
The following Terms & Conditions (the “Terms”) stipulate the terms and conditions of your use of the website located at omb-shop.com (the “Website”) and the services provided to you by Oh My Brand Ltd. (“We” or “Us”) (collectively, the “Services”).
We offer you high-quality, custom-made items of clothing and accessories, that feature printings of unique and styled avatars of your pets, based on photos submitted by you via our Website (the “Avatar(s)”), in accordance with the specifications provided by you in your purchase order (collectively, the “Product(s)”).
Acceptance of the Terms; Changes
We hereby grant you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website, including any Content (as defined below), without our prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms.
Rules of Conduct
As a condition of use, you agree to use the Website solely for lawful purposes and not to use the Website for any purpose that is prohibited by these Terms or applicable law. You are responsible for all of your activity in connection with the Services, including the Website. By way of example, you shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content or User Submission (as defined below) on or through the Services and the Website, that:
i. is illegal, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as we may determine in our sole discretion;
ii. violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
iii. infringes any patent, copyright, trademark or other intellectual property right;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk email;
v. involves commercial activity not expressly permitted by us;
vi. contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of ours, our users, or any other individual or entity; or
vii. impersonates any individual or entity, including, without limitation, employees or representatives of ours.
Intellectual Property Rights
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to us. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Website, including, without limitation, to the Content and the Marks. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website. This Section will survive these Terms and your use of the Website.
The Website facilitates the submission of photos by you (the “User Submissions”) and the hosting of such User Submissions. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms; and (ii) if applicable, you have the written consent or permission of each and every identifiable individual person in the User Submission to use their photo, name or likeness as contemplated by the Website and these Terms.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us, you hereby grant us, in addition to any other rights which we have, a worldwide, royalty-free, non-exclusive and transferable license to use, copy, create the Avatars or other derivative works of (including without limitation, to rename and edit the photos), display, and perform the User Submissions in connection with the Website and our (and our successor's) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). You may notify us to remove the User Submission from the Website, and we will do so within a reasonable time period, at which point the foregoing license granted to us will terminate other than with respect to usages that were made prior to such removal.
You shall be solely responsible for your User Submissions and the consequences of submitting them. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein. You understand that we do not guarantee any confidentiality with respect to any User Submissions, and we expressly disclaim any and all liability in connection with User Submissions. You agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website or your User Submissions.
Copyright and Content Policy
We respect the intellectual property rights of others, and requests you to do the same. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website or through the Services, and we will remove all Content if properly notified that such Content infringes another’s intellectual property rights. We reserve the right to remove Content without prior notice. We will also terminate a user’s account if the user is determined, in our sole discretion, to be a repeat infringer of copyright. We may remove such Content and/or terminate a user's account due to a violation of these Terms at any time, without prior notice and at our sole discretion. If you believe that any Content infringes upon any copyright or other intellectual property right you own or control, you may send a written notification of such infringement to our designated agent as set forth below, which includes the following information:
i. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material;
iv. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
v. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
vi. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent for
notice of claims of copyright infringement can be reached at:
Purchase Orders; Shipment
Upon the placement of any purchase order for the Products, and as a condition thereto, you will be required to provide us with certain billing and contact information, including your legal name, street address, email address and the name and telephone number of an authorized billing contact. You must provide us with complete and accurate information, and notify us in writing of any change in such information, so that we can provide you with the Products and with all Disclosures (as defined below) in a timely fashion.
You agree to pay all applicable fees (including, without limitation, all shipping and handling fees) for the Products, as further set forth on the Website (the “Fees”). Unless otherwise expressly stated hereunder, all orders are non-refundable.
The Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, without limitation, value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, the “Taxes”). You are responsible for paying all Taxes associated with of your transactions. If we have the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against our income, property and employees.
You may only cancel an order placed via the Services if such cancellation occurs before we begin execution of the transaction (including, without limitation, manufacturing of the Products or any parts thereof). Once we begin execution of any purchase order, you may not change, withdraw or cancel your authorization to complete such purchase order.
Kindly note that we make commercially reasonable efforts to manufacture the Products within 14 days following payment of the Fees. In the event manufacturing of the Products is delayed for more than 30 days following payment of the Fees, we will notify you of the same and allow you to cancel your order and receive a pro-rated refund for the delayed Products.
Upon completion of the Products’ manufacturing, we will ship the Products via a transportation mode and carrier we select, at our discretion. Unless otherwise agreed, shipment of Products will be made DDP (incoterms 2020), to the destination designated in your purchase order.
Title and risk of loss to such Products will pass to you upon shipment to the destination designated in your order or to any customs officials or border authority.
Any payments of the Fees will be made through third party vendors (e.g.Paypal) (the “Payment Processor”), in accordance with the purchase and payment terms of suchPayment Processor. Applicable processing fees may apply.
Payments of fees will be subject to the terms, conditions and privacy policies of the applicable Payment Processor. We are not responsible for any error by the Payment Processor. Users wishing to activate any protection mechanisms offered by a Payment Processor should do so by contacting the Payment Processor directly. You agree to provide the Payment Processor with accurate information regarding your credit card or other payment instrument.
Please be advised that we do not directly process any payments, and shall have no liability for any failure to complete any transaction for any reason, including without limitation, due to expiry of customers’ payment method, fraud etc.
Consent to Electronic Transactions and Disclosures
By agreeing to these Terms, you agree to receive from us electronically all documents, communications, notices, advertisements, marketing materials, contracts, and agreements arising from or relating to your use of the Website or Services, including any of your purchases (each, a “Disclosure”), in accordance with the following provisions:
i. Any Disclosures will be provided to you electronically through the Website, through text messages to the phone number you provided (if applicable), or through email to the email address you provided.
ii. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
iii. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, will remain in effect for so long as you are a user of the Website, and, if you are no longer a user, will continue for a period of two years thereafter.
iv. You may withdraw your consent to the receipt of advertisements, promotional offers and other marketing materials at any time, by written notice to the addresses provided below, requesting removal of your email address or other means of communications from any such mailing lists. Please be sure to include your full name and applicable means of communications. We will take appropriate steps to fulfill your request; however, it may take a few days or longer to process your request during which you may still receive marketing communications from us. We reserve the right to send you notices about your account and any purchase order you placed for the Products, even if you opt-out of all such notifications.
v. You may withdraw your consent to doing business with us electronically, or to the receipt of Disclosures, other than advertisements or marketing materials, entirely, by written notice; however, kindly note that if you wish to do so, we may terminate your registered user account with us, as the provision of the Services and the Products is contingent upon your consent to transact with us online and electronically, and to us giving you certain Disclosures electronically, via our Website or to the email address you provide to us.
vi. You may contact us via email at: Support@omb-shop.com.
THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE, THE CONTENT AND THE AVATARS, ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. WE MAKE NO WARRANTY THAT THE WEBSITE, CONTENT, AVATARS OR SERVICES WILL MEET YOUR EXPECTATIONS, BE FREE FROM DEFECTS, FAULTS OR VIRUSES OR THAT DATA AND CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY USER SUBMISSIONS. This Section will survive these Terms and your use of the Website.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY: (I) IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO THE PRODUCTS, THE SERVICES, INCLUDING WITHOUT LIMITATION, THE WEBSITE AND THE CONTENT, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) IN NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATING TO THE PRODUCTS, THE SERVICES, INCLUDING WITHOUT LIMITATION, THE WEBSITE AND THE CONTENT, OR THESE TERMS, EXCEED THE AMOUNT PAID TO US BY YOU DURING THE THREE MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM; (III) WITHOUT DEROGATING FROM THE FOREGOING, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR CONSEQUENCES WHATSOEVER, ARISING FROM OR RELATED TO ANY BREACH OF THESE TERMS, ANY USER SUBMISSION, ANY THIRD PARTY SERVICE PROVIDER, OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU OR ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. This Section will survive these Terms and your use of the Website.
You agree to defend, indemnify and hold us, our affiliates, and our respective officers, directors, employees and agents harmless, from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from or related to: (i) your use of the Services, including without limitation, the Website; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation, any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.
If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms.
Our failure to act with respect to a breach of these Terms by you or others shall not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.