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Terms of service

UNIMPRESSED STUDIOS

TERMS OF SERVICE

Terms of Service

 

Last updated: July 11th, 2023

These Terms of Service (the “Terms”) describe the terms and conditions of your (“user,” “you” “your”) use of the Unimpressed Studios LLC (“Unimpressed Studios” “Company” “us” “weour”) website (the ”Site”). These Terms set out the rights and obligations of all users regarding the use of the Site. Please read these Terms carefully before using our Site, as your continued use constitutes your agreement to these Terms. Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.

Your access to and use of the Site is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of our personal information when you use the Site and tells you about your privacy rights and your legal protections. Please read our Privacy Policy carefully before using our Site.

These Terms may change as our business grows and evolves. Any change to these Terms is made at our sole discretion and may be made without notice to you. If we change these Terms, we will post the revised agreement to this page, and such changes will be effective immediately upon posting. Your continued use of this Site constitutes your legal acceptance of such changes and agreement to be bound by the modified Terms, so we recommend that you periodically review this page.

By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, or, if you are not of the age of majority in your place of residence, that your parent or guardian of majority age has given you their consent for your use of this Site.

You may not use any of our products (the “Products”), this Site, or its content (the “Content”) for any illegal or unauthorized purpose, including, without limitation, in violation of any copyright, trademark, or other intellectual property or proprietary laws.

 

Interpretation and Definitions

 

Interpretation

 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. The headings used in these Terms are included for your convenience only and will not limit or otherwise affect these Terms.

 

Definitions

 

For the purposes of these Terms:

 

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

 

Country refers to the United States

 

Company refers to Unimpressed Studios LLC, 16030 Ventura Blvd. suite 380, Encino, CA 91436.

 

Device means any device that can access the Site, such as a computer, a cellphone or a digital tablet.

 

Site refers to the Unimpressed Studios website, accessible from https://unimpressedstudios.com

 

Terms of Service (also referred as “Terms”) mean these Terms that form the entire agreement between you and the Company regarding your use of the Site.

 

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Site.

 

You means the individual accessing or using the Site, or the company, or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.

 

 

Adults Only

 

This Site is not intended for persons under the age of 16. We do not direct this Site, any of our content, or our services at minors. If you learn that your child has used this Site to provide us with Personal Information without your express consent, you may alert us at info@unimpressedstudios.com. If we learn that we have collected any Personal Information from anyone under 16 years of age we will take reasonable steps to delete such information.

 

Intellectual Property Rights

The Site and its entire contents, features, and functionality, including but not limited, to all Products, designs, patterns, information, software, text, logos, displays, photographs, images, video, and audio, and the design, selection, graphical elements, and arrangement thereof (collectively the “Content”), are subject to these Terms and owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to these Terms, you are granted personal, non-exclusive and revocable access to our Content. No licenses or rights to the Content are granted to you, by implication or otherwise. Unimpressed Studios LLC reserves all other rights.

Trademarks, trade dress, service marks, and all graphical elements, including the look at feel of this Site and our Products are distinctive and protected and belong to us. This Site may also contain various third party names and marks that are the property of their respective owners.

These Terms permit you to use the Site and the Content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material or Content on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You may not:

  • Modify copies of any materials or Content from this Site.
  • Use any illustrations, photographs, video or audio sequences, graphics or any Content without our prior written consent.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials and Content from this Site.

You must not access or use for any commercial purposes any part of the Site or any Products, services, materials or Content available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any Content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

Trademarks

 

The Company, Unimpressed Studios LLC, the Company logo, and all related names, logos, product and service names, designs, products and slogans are trademarks of the Company and/or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

 

Prohibited Uses

 

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material or Content on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

 

 

Products and Services

           

Unimpressed Studios LLC is a small, sustainability-driven business offering unique goods that may be Ready-to-Ship (RTS) Products or Made-to-Order (MTO) Products. Depending on the Product or its specifications, we may have limited quantities of each Product. Keeping a Product in your online Cart on the Site is not effective as a reservation of such Product, and we cannot guarantee that each Product will still be available for purchase when you checkout. Due to the special nature of our garments, our Products or Services may be limited in quantity and/or be subject to different terms, and are subject to shipping, return, or exchange only according to our policies.

            Click here to visit our Shipping Policy.

            Click here to visit our Return Policy.

            In addition, while we have made every effort to display our Products as accurately as possible, we cannot guarantee the quality or accuracy of your computer monitor’s display of the colors, textures or other appearance of the Products.

            We reserve the right to limit our transactions or refuse to transact with anyone, at any time, for any or no reason, at our sole discretion, without notice. We reserve the right to limit the quantities for purchase of any Products that we offer. All descriptions of the Products and/or listed Product prices are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. We do not warrant that the quality of any Products, Content, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Site or our service to you will be correct.

Reliance on Information Posted

The information presented on or through the Site, including Products, Product availability, and Product prices, is made available solely for general information purposes and is provided for your convenience only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Monitoring and Enforcement; Termination

 

We have the right to:

  • Take any action with respect to any user, customer, and/or account holder we deem necessary or appropriate in our sole discretion, including if we believe that such person has violated these Terms, infringed any intellectual property right or other right of any person or entity, acted contrary to applicable laws, or that threatens the personal safety of users of the Site, or the public, or could create liability for the Company.
  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, our Products, or our services.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone associated with your use of this Site, your orders made through this Site, your account and/or your interactions with us. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

Links to Other Websites

 

This Site may contain links to or features from third-party websites or service providers that are not owned or controlled by the us. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or service providers. By agreeing to these Terms, you further acknowledge and agree that the Company is not and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

            We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit or that we rely upon to provide this Site to you.

 

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, the Site’s Content, our services, and Products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

 

"AS IS" and "AS AVAILABLE" Disclaimer

 

This Site is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Site and our Products, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Site will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, or the information, Content, and materials or Products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Site; or (iv) that the Site, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

            Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

 

Governing Law and Jurisdiction

 

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Disputes Resolution

           

If you have any concern or dispute about the Site, you agree to first try to resolve the dispute informally by contacting the Company. At Company’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California State law.

 

Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

 

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

Entire Agreement

 

These Terms, our Privacy Policy, or Shipping Policy, and Return Policy constitute the sole and entire agreement between you and Unimpressed Studios. regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

 

For European Union (EU) Users

 

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

 

United States Legal Compliance

           

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

 

Translation Interpretation

           

These Terms and Conditions may have been translated if we have made them available to you on our Site. You agree that the original English text shall prevail in the case of a dispute.

 

 

Contact Us

 

If you have any questions about these Terms, You can contact us:

 

By email: info@unimpressedstudios.com

 

EIN no: 85-3664915