TERMS AND CONDITIONS
USE OF THE SITES IS SUBJECT TO THESE LEGALLY BINDING TERMS AND CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND TO ACT IN ACCORDANCE WITH THESE TERMS. WE RESERVE THE RIGHT TO CHANGE THE TERMS AT ANY TIME. ANY SUCH CHANGES WILL BE POSTED ON THE SITES AND YOU AGREE TO BE BOUND BY SUCH CHANGES.
3.- Intellectual Property
- This website is owned and operated by the Seller. Unless otherwise noted in this website, Seller owns the copyright with respect to all content on the website. Content includes text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of Seller’s copyright. Additionally, the www.tempodps.com website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
- Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of Seller or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
- The www.tempodps.com logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller in the United States. Seller and its licensors maintain all of the rights in and to the graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of www.tempodps.com. Sellers trademarks and trade dress may not be used in connection with any product or service that is not Seller’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Seller. All other trademarks not owned by Seller that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Seller.
- The Buyer agrees that as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way, including any intellectual property rights in images, graphics, fonts and the like that may be uploaded by Buyer to the Seller’s online service. Buyer will be solely and fully responsible for any claims or other losses arising out of Buyer’s actual or alleged infringement of any such rights. In addition (and without limitation), Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
- Copyright complaints by third parties:
(i) The Buyer acknowledges that Seller is a “service provider” under the United States Digital Millennium Copyright Act (the “DMCA”). Consistent with the DMCA, Seller may accommodate standard technical measures used to identify and protect copyrighted works.
(ii) Seller respects the intellectual property of others. If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide Seller with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed, and the place where the material that you claim is infringing is located on the www.tempodps.com website;
(c) your address, telephone number, and email address;
(d) a statement that your claim of infringement is based on a good-faith belief;
(e) a statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Seller’s agent for notice of claims of copyright infringement on its site can be reached as follows:
Tempo Design and Printing Solutions
6201 NW 114th Place #248 Doral, FL 33178
4.- Limitation on Liability
Use of and browsing in the Sites are at your own risk. Neither Seller nor any party representing or otherwise affiliated with Seller in creating or presenting the Sites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Sites, except where such liability or damage is the result of Seller’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to you on an “as is” basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.
Seller is not responsible for third party websites that link to or from the Sites. Seller does not endorse any such sites or the goods or services offered on such sites. Seller disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. Seller shall not be held liable or responsible for the content of any sites that link to or from the Sites.
Seller reserves the right but does not have the obligation to:
- Monitor the Website for violations of this Agreement;
- Take appropriate legal action against anyone who, in Seller’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- Remove from the Website or otherwise disable any and all files and content that, in Seller’s sole discretion, are excessive in size or are in any way burdensome to Seller’s systems; and
- Otherwise manage the Website in a manner designed to protect the rights and property of Seller and others, in Seller’s sole discretion, and to facilitate the proper functioning of the Website.
6.- Accuracy of Information
Seller takes reasonable steps to ensure the accuracy of the information included in the Sites. However, Seller takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.
7.- Orders and Specifications
All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may, therefore, differ as a consequence of multi-standard color systems, notably the international screen based color system of RGB and the print color system used by Tempo Design and Printing Solutions. The Seller endeavors to display and describe as accurately as possible the printed colors of the Goods which appear on its website, but cannot undertake to give any assurance that the colors of Goods supplied will exactly match those displayed on the Buyer’s monitor.
8.- Price and Payment
The Buyer shall be responsible for all applicable taxes, including taxes applicable in the territory to which the Goods are sent. Payment must be made by credit card or debit card or by check or by PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card, debit card or PayPal details before accepting the Buyer’s Order.
9.- Delivery and Shipping
The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage. The Seller will endeavor to process the Order and manufacture the Goods within the time period stated for each item. However, because manufacturing time varies by an item of Goods, the Seller reserves the right to combine items into one shipping package or to ship items separately. Each package will be sent separately by regular post unless otherwise stated in the Order Confirmation. Any dates quoted for delivery of the Goods are estimates only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods however caused. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an installment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer. The Seller reserves the right to make delivery of the Goods by installments. If the Goods are to be delivered in installments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the installments or if the Buyer has a claim in respect of any one or more of the installments. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price.
10.- Returns, Refunds, and Rights of Cancellation
The Buyer shall have the right to cancel any Order for Goods only in the following circumstances: if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order; in the case of defective Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt). Notice of the wish to cancel must be made by email to firstname.lastname@example.org. For the avoidance of doubt, save in respect of defect or defective goods, nothing in these Terms and Conditions of Business shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer’s specifications or are clearly personalized. In the case of cancellation, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Goods in question. All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
11.- Late or Missing Refunds
If you have not received a refund yet, first check your bank account again. Then contact your credit card company; it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are shipping a product or products over $75, you should consider using a traceable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned products.
12.- Terms and Termination
This Agreement shall remain in full force and effect while you use the Website and/or are a registered user of the Website. You may terminate your registration with the Website at any time, for any reason, by following the instructions provided on the Website for terminating user accounts.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, SELLER RESERVES THE RIGHT, IN SELLER’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO TEMPORARILY AND/OR PERMANENTLY (A) DENY ACCESS TO AND USE OF THE WEBSITE AND/OR THE SELLER SERVICES, TO ANY PERSON, AND (B) REMOVE OR DELETE YOUR PROFILE ON THE WEBSITE AND/OR ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED TO THE WEBSITE, AT ANY TIME AND FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT OR FOR VIOLATION OF ANY APPLICABLE LAW, REGULATION OR CONVENTION.
In order to protect the integrity of the Website and Seller Services, Seller reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and/or Seller Services. Notwithstanding anything otherwise set forth in this Agreement regarding termination of your Website account and/or termination of this Agreement, any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination of this Agreement, shall be deemed to survive, and shall remain in full force and effect, for as long as necessary to fulfill such purposes.
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