GENERAL CONDITIONS OF SALE - Theme Brabus Media

Your Cart is Empty

X

Shopping Cart

Your Cart is Empty

GENERAL CONDITIONS OF SALE

GENERAL CONDITIONS OF SALE

Last update: 27 May 2021

These Terms and Conditions (these "Terms and Conditions") govern the terms and conditions of use of our website and the manner in which we will deliver to you, our valued customer, the service(s) you have subscribed to or purchased.

Please read the Terms and Conditions carefully before ordering or browsing our website as they contain important information. If you believe that these terms and conditions are incorrect, please contact us.

SUMMARY

1. CONDITIONS AND DEFINITIONS

By browsing our Site or purchasing or subscribing to any of our programs, you agree to be bound by the Terms and Conditions detailed below. If you do not wish to accept these terms, DO NOT USE OUR PLATFORMS, PURCHASE OUR PRODUCTS OR SUBSCRIBE TO OUR SERVICES.

2. WHO WE ARE?

We are Brabus Media, a company registered in Sharjah Media City, Sharjah, UAE with a share capital of AED 100,000. The Client agrees to abide by all the policies and procedures outlined in Brabus Media's Terms and Conditions of Sale and Use when purchasing from our site.

3. PURCHASES AND SUBSCRIPTIONS

We provide tools in the form of downloadable digital products. Collectively, we refer to our products as "Our Products". All purchasers of any of Our Products agree to the following terms and conditions for any transaction paid with us (hereinafter, the "Payment Terms").

You warrant and represent that you are authorised to use any payment method you provide to us (such as PayPal accounts or credit cards). You agree to indemnify us against any losses we may suffer as a result of any breach of this warranty. We use third party providers to process payments for our products. These providers are currently PayPal and Stripe.

Visit https://paypal.com and https://stripe.com to view the specific privacy policies and terms and conditions of these providers.
Our privacy policy applies only to data over which we have control.
Our products sold and distributed in a digital format are non-refundable, including subscriptions to a course series or memberships in discussion groups or other online communities.

4. DISCLAIMER

You acknowledge and agree that BRABUS MEDIA LLC (hereinafter referred to as "Consultant") is not an employee, agent, attorney, physician, manager, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist or accountant.

You acknowledge and agree that we have not made any promises to you, that we have no obligation to, and will not be obliged to, (1) obtain any results, business or sales for the Client for you; (2) perform any business management functions, including but not limited to accounting, tax or investment advice, or advice in respect thereof; (3) acting as a psychoanalytic therapist; (4) acting as a public relations manager; (5) acting as a publicist to secure advertising, interviews, articles, features, television, print or digital media; (6) introducing the Client to the Consultant's entire network of contacts, media partners or business partners.

The Client understands that there is no relationship between the parties after the completion of this purchase. If the parties continue their relationship, a separate agreement will be entered into.

5. USER CONDUCT

Users of our platforms understand and agree that our platforms may only be used for lawful purposes and in accordance with these terms and conditions.
You acknowledge that you are of legal age and capable of entering into a contract with us.

Prohibited conduct.
Users of our platforms understand and agree that you will not engage in any of the following conduct (collectively, "Prohibited Conduct").

- You will not violate or encourage the violation of any local, state, national or international law or regulation.
- You do not collect or store personal data about other users of our platforms or solicit personal information from other users of our platforms.
- You do not act in any way that will lead other users to believe that you are another person or entity other than the one you actually are, or make other users believe that you represent any other person or entity other than the one you actually represent.
- You do not submit or distribute so-called "spam" or "junk mail" or promote any commercial enterprise.
- You do not solicit money, goods or services for private purposes.
- You do not disrupt or interfere with the security or use of our Platforms.
- You do not damage our Platforms by submitting or using any damaging software or other actions.
- You do not use or attempt to use another user's account or identity.
- You do not attempt to gain unauthorized access to a user account or any of our platforms.
- You do not engage in any conduct that interferes with a user's or third party's ability to access or enjoy our platforms.
-You do not assist any third party to engage in any prohibited conduct.
-You do not share or resell our shopify Brabus theme.

6. CONTENT SUBMISSION

Ownership.
You acknowledge and agree that any content you submit at any time on or through any of our platforms (hereinafter, "CONTENT SUBMISSION") becomes our sole and exclusive property.
Submission of content includes, but is not limited to, questions, comments, e-mails, chats, messages or other writings, photographs, audio and/or video recordings, and any other content in any medium of expression.
In the event that these terms and conditions, in applicable jurisdictions, do not convey all rights in any Content Submission, then you hereby grant us a non-exclusive, royalty-free, perpetual, transferable and sub-licensable license to copy, transmit, use, create derivative works from or otherwise exploit any Content Submission.


You hereby waive any moral rights you may have in such Submitted Content and agree that you waive any claim you may have under any theory of law or equity regarding our use in any way of any Submitted Content.
In addition, all Submitted Content is deemed, and warranted by you, to be non-confidential and non-proprietary. By providing Submitted Content, you agree that we may use, disclose or exploit the Submitted Content in any way.

You also agree that we are not responsible for the conduct of other uses of our platforms or of any third party with whom you or we share your Submitted Content.
Prohibited Content. Submitted Content must not contain any of the following (hereinafter, "Prohibited Content") and You agree not to submit any of the following Prohibited Content:

- Content that promotes a commercial activity other than the commercial activity provided through our platforms.
- Content that is illegal, promotes or advocates illegal activity or otherwise violates the criminal or civil laws of any jurisdiction.
- Content that is defamatory, libelous, abusive, offensive, inflammatory or otherwise objectionable.
- Content that is intended to harass, defame or annoy any third party. Proposals that discriminate against any individual on the basis of their personal characteristics.
- Content that is indecent, pornographic or contains sexually explicit material or language.
- Content that infringes any copyright, trademark, patent, trade secret or other right.
- The intellectual property or other rights of any third party.
- Content that infringes on the personal rights of any person, including, but not limited to, rights of privacy or publicity.
- Content that purports to originate from any person or entity other than the person actually submitting the content.


Termination of Access.
We reserve the right to suspend, restrict or revoke access to our theme at any time for any user, in our sole discretion.


Cooperation with the law.
We reserve the right to assist law enforcement agencies in the investigation of any crime or occurrence and to cooperate with any legal process in the exercise of our sole discretion.


Prohibited Content.
You agree not to submit any Prohibited Content as defined in these Terms and Conditions.

Termination/Deletion.
You may be removed from our platforms in the exercise of our sole discretion.

Release of Liability.
You agree that we may record your appearance (whether in person or through any of our platforms), which appearance may include your name, physique, photograph, voice, dialogue, sounds, biographical information, personal characters or other personal identification captured by us or submitted by you during an event (collectively, such data constitutes "your appearance").

We may use or exploit Your Appearance, as well as any submitted materials as defined in these Terms and Conditions, in any manner whatsoever throughout the world, in perpetuity, and in any and all media now known or hereafter devised, without any financial compensation to you. You understand that any dispute regarding the use of your Appearance will be subject to the dispute resolution provision set forth in these Terms and Conditions.

In the event that an arbitrator or other court determines that our use of your Appearance requires compensation, you agree that we may use your Appearance in any manner for the sum of five hundred U.S. dollars, such payment constituting a retroactive license.


‍7. INTELLECTUAL PROPERTY

Our rights.
All content that appears on our Platforms, including all text, images, software code, submitted content, audio and video, and the design, layout, functionality and features of our Platforms (collectively, "Our Materials") are owned by us, our licensors of Our Materials and other suppliers of Our Materials. Our Materials are subject to the laws of the United Arab Emirates and other jurisdictions by statute, treaty or otherwise.

These laws include those governing copyrights, trademarks, patents, trade secrets and other intellectual property rights (collectively, "Our Rights"). We reserve all of Our rights in Our materials. You are permitted to use our platforms only for the described non-commercial uses in connection with our products and services. No grant of Our Rights is expressed or implied in any use or transaction through Our Platforms. Any license to Our Materials, express or implied, is subject to revocation at will in the exercise of Our sole discretion.

When you purchase our theme, the data from you and your shopify store is sent to us on a software that allows us to verify that the activation key you are using is valid and has been transmitted to you by us. This data feedback allows us to verify that the store on which you have installed the shopify Brabus theme has been purchased on our payment platform.


No license.
You may not, directly or indirectly, copy, display, perform, distribute, create derivative works from, modify, or otherwise exploit our materials, except as permitted for specific content in a transaction involving our services. You may not use any of our materials or our trademarks, logos or trade names without our express prior written permission.

Third Party Rights.
Certain content appearing on our platforms may be owned by third parties and licensed to us. You may not, directly or indirectly, copy, display, perform, distribute, create derivative works from, modify or otherwise exploit any third party content, except as permitted for specific content in a transaction involving our services. Third party trademarks and trade names remain the property of those third parties and may not be used without the permission of their respective owners.

Allegations of infringement (DMCA).
If you believe that any of our materials infringe your copyright or other rights, you may request the removal of such materials from our platforms by submitting a written notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA").

Your notice must include the following:
- Your full name, address and contact information.
- A copy of the work(s) that you believe are infringing within our platforms.
- A description and easily identifiable location on Our Platforms of the work(s) that You believe to be infringing.
- A statement signed by You that You are acting on behalf of the copyright owner and that You have a good faith belief that the work(s) You have identified as infringing are being used without authorization.

Send your DMCA notice to
support@brabusmedia.com

8. LIMITATION OF LIABILITY

As is / as available.
All of our platforms and materials are provided to you on an as is and as available basis. We do not guarantee that our platforms or materials will be available at any given time or via any given device.

No warranty.
Your use of our platforms and materials is at your own risk. We make no warranties, express or implied, regarding our platforms, our materials, or the accuracy, applicability or fitness for any purpose of our materials.

We do not warrant that the use of our platforms is free of viruses or other harmful or incompatible software that may damage any device on which you view our platforms or materials. We disclaim all warranties of any kind, express or implied, statutory or otherwise, including, but not limited to, warranties of merchantability, non-infringement and fitness for a particular purpose.

No Liability for Content.
You assume all risk associated with any reliance you place on our materials, whether such content is provided by us or by users of our platforms or any other third party.

No legal or tax advice.
Our materials should not be construed as legal or tax advice. You should consult a lawyer of your choice regarding any legal or tax issues you may have and not rely on any of our materials to make any decisions or refrain from any action.

The opinions expressed relate to individuals.
Our materials may contain opinions on a particular subject. In such a case, the views expressed are those of the individual authors of those materials and should not be construed as Our views. We are not responsible for such opinions.

Third Party Links.
We are not responsible for any content or otherwise contained on any website or otherwise that you may encounter by following a link to a third party.

Limitation of Damages.
To the fullest extent permitted by law, in no event shall Brabus Media, its licensors, licensees, affiliates or partners, or the officers, directors, shareholders, members, employees, agents or attorneys of any of them be liable for any special, punitive, incidental, indirect or consequential damages: punitive, incidental, indirect or consequential damages, or any damages whatsoever, including, without limitation, any claims for damages resulting from loss of use, loss of data, loss of profits or any other such damages under any theory of liability, arising out of or in connection with the use of our platforms or materials. You are solely responsible for any loss, claim or damage arising from any of your prohibited conduct or submissions.

9. UPDATE OF THE GENERAL CONDITIONS AND PRIVACY POLICY

From time to time, as our Platforms and Materials evolve, we update our Terms and Conditions and Privacy Policy. You agree to confirm that you have read and understand our most current terms and conditions and privacy policy before each occasion when you access our platforms and materials.

We will post the date our terms and conditions and privacy policy were updated at the top of our terms and conditions and privacy policy. We are under no obligation to provide you with any email or other notice regarding updates to our terms and conditions or privacy policy. Your continued access to our platforms and materials constitutes your consent and agreement to such changes.

10. DISPUTE RESOLUTION

In the unlikely event that you have a dispute with us regarding your use of our platforms or materials, regarding our products, services, subscriptions or memberships, our privacy policy, our terms and conditions, your relationship with us (contractual or otherwise) or any other claim (collectively, "Disputes"), and we are unable to resolve such Dispute through informal communications between us, you agree that any Dispute shall be subject to the following Dispute Resolution: Any dispute shall be resolved by binding arbitration before a single arbitrator in accordance with the rules then in force in the United Arab Emirates.

In the event that this arbitration service is no longer functioning, the arbitration service will take its place. The venue for any such dispute shall be the United Arab Emirates and the laws of the United Arab Emirates shall apply.

You further agree that this dispute resolution mechanism will be your sole means of seeking redress for any dispute and that you will not engage in any class or other collective action regarding any dispute you may have with us. You understand that by voluntarily providing information to us, using our website, or otherwise engaging in a transaction with us involving our products or services, that you are waiving any right to a jury trial or to join any class or collective litigation involving any dispute.

Subscribe