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Términos de Uso

Términos de Uso

Wberry: Community Guidelines and Terms of Use

1. Acceptance

To make this online destination for creativity available, it is essential all wberry users respect the intellectual property rights of others. You must only upload content you have created yourself or have permission to use and authorize others to use. If you are a customer or browser, please respect the copyright and trademarks of all the works you see or buy on wberry.

Respect each other and respect the art you find here and you’ll help make wberry an inspiring and enjoyable community that fosters creativity and endorses great artists.

These Terms of Use constitute a binding agreement between You and wberry. You are authorized only to use the Website if You agree to abide by these Terms of Use and all applicable laws. Please read these Terms of Use carefully. If You do not agree to these Terms of Use, please do not use or visit the Website.

2. Additional Policies

In addition to these Terms of Use, the following additional terms and policies (the “Additional Policies”) govern the rights and responsibilities of artists, visitors, and all users of the Website:

• The wberry.design Privacy Policy.

• The wberry.design Refunds and Shipping Policy.

All of these Additional Policies are incorporated into, and are a part of, these Terms of Use.

3. Grant of Rights

Wberry.design hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (i) You will not copy or distribute any part of the Website in any medium without wberry.design’s prior written authorization; (ii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iii) You will otherwise comply with the terms and conditions of these Terms of Use.

4. Your Account and Account Activity

In order to access some features of the Website, including but not limited to selling your artwork, You have to create an account. When creating Your account, You must provide true, current, accurate and complete information about yourself. You are not allowed to use another user’s account without permission. You may not select a user name that is vulgar, offensive, obscene, or attempts to impersonate another person. If wberry.design suspects that Your account information is not true, complete, current, or accurate, or that You have otherwise violated these Terms of Use, Your account may be subject to suspension or termination, and You may be barred from using the Website. By creating an account with wberry.design, You represent that you are not a person barred by any laws from using the Website.

You are solely responsible for the activity that occurs on Your account, including the activities of others and regardless of whether such activities are authorized, and you are responsible for keeping Your account password secure. You may change Your password at any time. You agree to immediately notify wberry.design if You suspect or know of any unauthorized use of Your password or account or any other breach of security. Wberry.design cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.

5. Use of Your Account Information

You acknowledge and agree that wberry.design may preserve Your account information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce these Terms of Use; (iii) respond to legal claims; or (iv) protect the rights, property, or personal safety of wberry.design, its users, or the public.

6. Linked Third Parties

The Website may contain links to third party websites that are not owned or controlled by wberry.design (“Linked Third Parties”). Those links are provided for convenience only and may not remain current or be maintained. Wberry.design does not screen Linked Third Parties and has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any Linked Third Parties. You acknowledge and agree that wberry.design is not responsible for the content or privacy practices associated with Linked Third Parties and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk. By using the Website, You specifically release wberry.design from any and all liability arising from Your access or use of any Linked Website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Linked Third Parties, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third-party parties outside the Website.

7. User Submissions

The interactive nature of postings on the Website makes it impossible for wberry.designto assume responsibility for any of the information, material, or content posted by users.

The ideas, suggestions, opinions, comments, chat, text, messages, and observations made by users of the Website (“Commentary”), the photographs, artwork, sketches, videos, designs, and images (“Artwork”) and any other files, material or information provided to the Website by users (all of which are referred to as “User Submissions”) are not endorsed by wberry.design, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your User Submission, or Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not wberry.design.

By posting a User Submission to the Website, You represent that: (i) You are the owner of the User Submission; or (ii) you have the right and license to use the User Submission; or (iii) the User Submission is in the public domain; or (iv) to Your knowledge, no one else claims ownership of, or exclusive rights to, the User Submission; and (v) You have the legal right to grant a license to wberry.design to use the User Submission.

You hereby grant wbery.design a worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission (and derivative works thereof) in any media now known or hereafter developed.

If You choose to post a User Submission on the Website, we require that You adhere to generally accepted rules of etiquette and standards of behavior. You understand that wberry.design does not guarantee any confidentiality with respect to any User Submission.

Wberry.design expressly disclaims any and all liability in connection with User Submissions. Wberry.design reserves the right to remove any User Submission in its sole discretion and without prior notice.

8. License and Use of Artwork

Wberry.deisng’s services empower artists to earn money from their Artwork by making it immediately available for sale on a variety of products – without giving up control of their rights. You retain all of Your ownership rights, including all copyright and other intellectual property rights, in the Artwork you submit to the site.

By uploading Artwork to the Website, You grant wberry.design the license above in Paragraph 7, and further agree that wberry.design may: (i) display your Artwork on the Website and in magazines, television shows, movies, on the Internet, and other media; (ii) sell Your Artwork; and (iii) make modifications to your Artwork as necessary to prepare your Artwork for use in a particular product category or for other manufacturing purposes. In addition, you represent that wberry.design may legally make and sell merchandise incorporating Your Artwork without being obligated to make any payments to, or obtain any permission from, any third party.

You may delete your Artwork from the Website at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the Website. Upon the removal of Artwork by You or by wberry.design (by emailing [email protected]x), the licenses above will terminate, except that, to the extent any Artwork has been incorporated into merchandise purchased and/or manufactured by wberry.design prior to Your removal, wberry.design may sell-through all such merchandise until it is depleted. The terms regarding payment to Artists apply to such sales. Wberry.design may also continue to use your Artwork in marketing and promotional materials if such materials were created prior to Your removal of the Artwork from the Website.

9. Improper Use of Website

You may not, in connection with the Website:

• Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;

• Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;

• Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, or racially or ethnically offensive;

• Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;

• Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;

• 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 the use of the Website or any content on the Website;

• Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;

• Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;

• Provide false or deceptive information;

• Solicit personal information from anyone under 18;

• Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• Delete, add or otherwise change other people’s User Submissions;

• Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website.

• Use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the wberry.design servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; and

• Access, monitor or copy any content or information from the Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, wberry.design grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Wberry.design reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

10. Community Guidelines

To make sure that the community spaces on wberry.design, including, but not limited to any message boards, discussion groups, comments, and forums (“Community Spaces”) are safe and respectful, the following policies apply to all Community Spaces:

• Keep Your content relevant and moderate it correctly. If You’re unsure whether content is appropriate or consistent with these community guidelines or any other terms included in these Terms of Use, err on the side of caution and do not post it.

• Respect other Users’ privacy. Private or personally identifying information should not be shared in Community Spaces or other public areas of the Website.

• Community Spaces may not be used to publicly disparage anyone, any User Submission, or any Artist Shop.

• Community Spaces may not be used to harass other users.

• You may not publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity.

• Report abusive content to [email protected] if you see it.

11. Privacy

You agree not to collect or use anyone else’s personally identifiable information (“Personal Information”) including, without limitation, individual names, account names, email addresses, or other user-identifying information from the Website.

Wberry.design uses Your information only as described in the Privacy Policy. We view protection of users’ privacy as very important. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account and changing your account preferences or opting-out of certain communications. If you object to your information being transferred or used in the manner provided for in the wberry.design Privacy Policy your sole recourse is to stop using the Website and services offered by wberry.design.

12. Modifications to the Website

Wberry.design reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice, and to block You or anyone else from the Website, at any time in its sole discretion, provided, however, that wberry.design has no obligation to update, store, maintain or correct any information on the Website. Wberry.design shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.

13. Termination

Wberry.design may, in its sole discretion and without prior notice, immediately suspend, disable, or terminate Your account, with or without cause.

Notwithstanding the foregoing, cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms of Use (including the Additional Policies); (ii) requests by rights holders, law enforcement, or other government agencies; (iii) a request by You (self-initiated account deletions); (iv) discontinuance or material modification to the Website (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) engagement by You in fraudulent or illegal activities; and/or (viii) nonpayment of any fees owed by You in connection with the Website or any other wberry.design product or service. Wberry.design may, but shall not be obligated to, give you one warning if you have violated these Terms of Use, prior to terminating your account.

Termination of Your account may include: (i) removal of access to the Website; (ii) deletion of Your password and all related information, files and materials, including any User Submission associated with You; and (iii) barring further use of the Website. Further, You agree that wberry.design shall not be liable to You or any third party for any termination of Your account or access to the Website.

You may terminate these Terms of Use at any time by terminating your Account use of the Website.

On termination of these Terms of Use for any reason, the rights and licenses granted to You hereunder will immediately terminate and the provisions of these Terms of Use that by their nature and context are intended to survive termination shall survive. Without limitation of the foregoing, wberry.design shall have the right to retain copies of all User Submissions in its archives for its internal business purposes and legal purposes.

Wberry.design shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Website, Your account, or Your Artist Shop.

14. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WBERRY.DESIGN, AND ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF WBERRY.DESIGN, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WBERRY.DESIGN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, USER SUBMISSION OR OTHER MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WBERRY.DESIGN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND WBERRY.DESIGN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WBERRY.DESIGN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

15. Limitation of Liability

IN NO EVENT SHALL WBERRY.DESIGN, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF WBERRY.DESIGN, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WBERRY.DESIGN SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by wberry.design from its facilities in Mexico. Wberry.design makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

16. Indemnity

You agree to defend, indemnify and hold harmless wberry.design, and any director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of wberry.design, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, fines, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any alleged claim, claim, or cause of action that one (or more) of Your User Submissions caused, is causing, or will cause damage to a third party, as a result of infringement or otherwise. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.

17. Ability to Accept Terms of Use

You affirm that You are either over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Wberry.design is not intended for children under 12. If You are under 12 years of age, please do not use the Website.

18. Special Provisions for Users Located Outside of Mexico

Wberry.design is a global community. Our servers and operations are, however, located in the Mexico and the United Sates, and our policies and procedures are based on United States and Mexican law. As such, the following provisions apply specifically to users of the Website that are located outside of the United States and Mexico: (i) You consent to the transfer, storage, and processing of your information, including but not limited to any personal information, to and in the United States and/or other countries; and (ii) if you are using the Website from a country sanctioned or embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Website.

19. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by wberry.design without restriction.

20. Intellectual Property Owned by wberry.design and Its Licensors

The Website and its original content, features, and functionality are protected by Mexican and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. The Website displays trademarks including but not limited to WBERRY, and trademarks, copyrights, and other intellectual property owned by Website users and other third party licensors (collectively, “Licensors”). No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of wberry.design, or as otherwise agreed to in writing by the appropriate Licensor.

21. Contests, Design Challenges, Promotions

Contests, design challenges, surveys, games or other promotions (collectively, “Promotions”) made available through the Website may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, You will become subject to those rules, which may vary from the terms and conditions in these Terms of Use. We ask You to please review any specific rules applicable to a particular Promotion. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such Promotion shall control, but only to that Promotion.

22. Law and Forum for Disputes

These Terms of Use constitute an agreement that shall be governed by and construed in accordance with the laws of the United Mexican States without regard to its conflict of law provisions and without regard to the actual state or county of incorporation or residence of either party. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

23. Release

If You have a dispute with one or more Website users, You release wberry.design (and wberry.design’s officers, directors, agents, subsidiaries, joint ventures and employees) from any 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 dispute. If You are a California resident, You waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

24. General, Amendments

In the event any provision contained in these Terms of Use is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in every other respect and the remaining provisions of these Terms of Use will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and wberry.design’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Wberry.design reserves the right, at any time, in its sole discretion, and without prior notice, to change these Terms of Use, including the Additional Policies, in whole or in part, which shall take effect upon posting to the Website. You are responsible for reviewing and complying with the Terms of Use in effect at the time you use the Website. It is Your responsibility to review these Terms of Use for any changes. You acknowledge that you will be bound by the revised Terms of Use as of their effective date set forth therein and your continued use of the wberry.design’s Website constitutes acceptance of them.

These Terms of Use, including, without limitation, the Additional Policies, which are incorporated herein by reference, set forth the entire understanding and agreement between you and wberry.design with respect to the subject matter hereof.

25. Violations of These Terms of Use

Please report any violation of the Terms of Use, including objectionable User Submissions or behavior, to [email protected] Please state the reasons for Your concern and provide a link to the User Submission, other material or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, wberry.design in its sole discretion may investigate the matter and take such action as wberry.design determines to be appropriate.

These Terms of Use were last revised in June 2016.