These Terms and Conditions of Sales are dedicated to our private customers. We provide both downloadable digital files (fabrication of image files) and physical products. You acknowledge and agree that Datamorphoz is not liable for any damage or any loss of any sort that can happen when using the files. The files are for private use only. They cannot be sold, modified, or be used to make products that you sell. You are solely responsible for the product after the purchase.
Agreement to terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you”) and Datamorphoz (“‘Company”, “we”, “us”, or “our), concerning your access to and use of the design datamorphoz com webste as well as any other medla form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
We are registered in France and have our registered office at Centre Montesquieu, 1 allée Jean Rostand, Martillac 33 650. Our VAT number is FR35903686863. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in ousole discretion to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distributiton to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such junisdiction or country Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Intellectual property rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS’ for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. User representations By using the Site, you represent and warrant that: (1) al registration information you submit will be true, accurate, current, and complete, (2) you will mantain the accuracy of such information and prompty update such registration intormation as necessary: (3) you have the legal capacity and you agree to comply with these Terms of Use (4) you are not a minor in the jurisdiction in which you reside. (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all curent or future use of the Site (or any portion thereof).
User registration
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Products
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the
actual colors and details of the products. All products are subject to availability. and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Purchase and payment
We accept the following foms of payment
- Visa
- PayPal
- American Express
- Mastercard
You agree to provide current, complete, and accurate purchase and account information for al purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax are included in the product price. We may change prices at any time. All payments shall be in Euros.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any erors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person,, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same biling or shipping address. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Return/refunds policy
Please review our Return Policy posted on the Site prior to making any purchases.
No unlawful or prohibited use
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms or the Additional Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other users’ accounts, computer systems or networks connected to any of our servers or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Website.
User generated contributions
The Ste may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings. video, audio, photographs, grapnics
comments, suggestions, or personal information or other material (collectively. “Contributions”). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third- party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
Contributions license
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irevocable, perpetual non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, rettle, archive, slore
cache, publicly perfom, publicly display, refomat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising. or othewise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contnibutions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions (2) to re-categorize any Contributions to place them in more appropriate locations on the Site, and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Guideline for reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria (1) you should have firsthand experience with the item being reviewed, (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language. (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability, (4) your reviews should not contain references to illegal activity: (5) you should not be affiliated with competitors if posting negative reviews, (6) you should not make any conclusions as to the legality of conduct, (7) you may not post any false or misleading statements, and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or
for any claims, liablities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
Submissions
You acknowedge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use
and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infningement or misappropriation of any proprietary right in your Submissions.
Site management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use, (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities, (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contibutions or any portion thereof (4) in our sole discretion and without limitation, notice or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Site in
a manner designed to protect our rights and property and to faciltate the proper functioning of the Site and the Marketplace Offerings.
Privacy policy
We care about data privacy and security. Please review our Privacy Policy: https://design.datamorphoz.com/privacy-policy/ . By using the Site or the Marketplace Offerings, you agree
to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in France. If you access the Site or
the Marketplace Offenings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in France, then through your continued use of the Site, you are transferring your data to France, and you expressly consent to have your data transferred to and processed in France.
Modification and interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace
Offerings at any time or for any reason without notice to you. You agree that we have n0 liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace offerings or to supply any corrections, updates, or releases in connection therewith.
Governing law
These conditions are governed by and interpreted following the laws of France, and the use of the United Nations Convention of Contracts for the International Sales of Goods is
expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your
country to residence. Datamorphoz and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Bordeaux, which means that you may make a claim to defend your Consumer protection rights in regards to these Conditions of Use in France, or in the EU country in which you reside.
Contact us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the site, please contact us at :
Datamorphoz
Centre Montesquieu
1 allée Jean Rostand
Martillac 33 650
France
Phone: +33617938283
design@datamorphoz.com