Terms of service
OVERVIEW
This website is operated by Fabiano Calabasas Shop. Throughout the site, the terms “we”, “us” and “our” refer to Fabiano Calabasas. We offer this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including the additional terms and conditions and policies here referenced and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, suppliers, customers, merchants and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents use this website.
You may not use our products for illegal or unauthorized purposes, nor may you, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or breach of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the service is provided, without our express written permission.
Headings used in this agreement are included for convenience only and will not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material on this site is at your own risk.
This website may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders using the same billing and/or delivery address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by resellers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to immediately update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor or have any control or input.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability arising out of or related to the use of optional third party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and you must ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third party provider(s) ).
We may also, in the future, offer new services and/or functionality through the website (including the release of new tools and features). Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third party links on this website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not guarantee and will not have any liability or responsibility for any third-party materials or websites, or for any other third-party materials, products or services.
We are not responsible for any damages or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. Carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit certain specific submissions (for example, contest entries) or without our request, you submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and use in any medium any comments you submit to us. We do not and will not be under any obligation (1) to keep any comments confidential; (2) pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove Content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or to violate any party's intellectual property or these Terms of service.
You agree that your comments will not violate any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The submission of your personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping fees, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Service or any related website, including without limitation pricing information, except as required by law. No specified update or update date applied to the Service or any related website should be taken as an indication that all information in the Service or any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) solicit others to perform or participate in any illegal acts; (c) violate any local international, federal, provincial or state regulations, rules, laws or ordinances; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, belittle, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related website,
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice.
You expressly agree that use of or inability to use the Service is at your own risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any express representation, warranty or condition of any kind. or implied, including all implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title and non-infringement.
transmitted or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNITY
You agree to indemnify, defend and hold harmless Fabiano Calabasas Shop and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by a third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - FRAUD PROTECTION PROGRAM
All orders received are screened for fraud or other forms of unauthorized or illegal activity as part of our order processing procedures. We have the right to refuse an order if fraud, unauthorized or illegal behavior is suspected or if the order violates the policies established by Fabiano Calabasas Shop. If this is the case, we may either reject your order or contact you at the phone number you provided (or use your email address) to confirm your order. We also have the right to cancel any accounts or refuse to ship to certain addresses if fraud or unauthorized or illegal conduct is detected. We take these precautions to protect our customers and ourselves from fraud or illegal activity.
SECTION 16 - DMCA
If you believe that your work or content has been copied and posted on the Sites in a way that constitutes copyright infringement, please provide Fabiano Calabasas Shop's designated copyright agent with the following information in writing at the address listed below, requesting removal of the material or block access to it, but you must include the following information in accordance with the Digital Millennium Copyright Act (“DMCA”) Limitation of Liability Act, 17 USC 512.
Your address, phone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where the alleged infringing material is located on the Site and provide us with its URL or any other pertinent information that allows us to locate the content.
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For clarity, only copyright infringement notices should be forwarded to our Copyright Agent. You acknowledge that if you do not meet all of the requirements in this section, your notice may not be valid.
Please also note that for copyright infringement under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you have a good faith belief that someone has wrongly filed a copyright infringement notice against you, the DMCA allows you to file a counter notice with us. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.
Submitting a DMCA Counter Notification
We will notify you that we have removed or disabled access to the copyrighted material you have provided, if such removal is pursuant to a valid DMCA takedown notice that we have received. If you receive such notice from us, you may provide us with a written counter-notice to our designated agent that includes all of the following information:
Your physical or electronic signature;
Identification of the material that was removed or to which access was disabled and the location where the material appeared before it was removed or access to it was disabled;
A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; It is
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court in the judicial district in which your physical address is located or, if your physical address is outside the United States, any judicial district in where we may be located, and that you will accept service of process from the person who provided notice of the allegedly infringing material or an agent of that person.
Notifications and counter-notifications must be sent to:
copyright agent
Fabiano Calabasas
4900 S Kirkman Rd #B, Orlando, FL 32811, United States
Email: contactfabianocalabasas@gmail.com
SECTION 17 - DIVISIBILITY
In the event that any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 18 - TERMINATION
The parties' obligations and liabilities incurred prior to the termination date will survive termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you stop using our website.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or, as a result, may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, oral or writing, between you and us (including, but not limited to, any previous versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service should not be construed against the party who drafted them.
SECTION 20 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide Services to you will be governed by and construed in accordance with the laws of the United States.
SECTION 21 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to contact: fabianocalabasas@gmail.com
MOBILE TERMS OF SERVICE
Last updated: November 16, 2022
The Fabiano Calabasas Shop mobile messaging service (the "Service") is operated by Fabiano Calabasas Shop (“Fabiano Calabasas”, “we” or “us”). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or discontinue the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service after the effective date of such changes will constitute your acceptance of such changes.
By consenting to the Fabiano Calabasas Shop SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Fabiano Calabasas Shop through your mobile carrier to the mobile number you have provided, even if your cell phone number is registered in any state or federal No Call List. Text messages can be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (eg, order updates, account alerts, etc.). Promotional messages may include promotions, promotions and other marketing offers (e.g. cart reminders).
You understand that you do not need to enroll in this program to make any purchases, and your consent is not a condition of any purchase with the Fabiano Calabasas Shop. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless service provider. The frequency of messages varies. Data and message fees may apply. Check your cellular plan and contact your wireless provider for details. You are solely responsible for all SMS/text messaging related charges, including charges from your wireless service provider.
You can cancel the service at any time. Send the STOP keyword command to +1 407-521-8038 or click the unsubscribe link (where available) in any text message to cancel. You will receive a single deactivation confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Fabiano Calabasas Shop mobile messaging programs and wish to opt out, except where applicable law requires otherwise, you will need to separately opt out of those programs by following the instructions provided in their respective mobile terms.
For service support or assistance, text HELP to +1 407-521-8038 or email contactfabianocalabasas@gmail.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of such changes. You acknowledge that any messages, including any STOP or HELP requests, sent to a short code or telephone number that we change may not be received and we will not be responsible for honoring requests made in such messages.
Wireless carriers supported by the Service are not responsible for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to apply to the program with your new number.
To the extent permitted by applicable law, you agree that we will not be responsible for the failed, late or misdirected delivery of any information submitted through the Service, any errors in such information and/or any action you may or may not take in reliance on the information or in service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.