SITE USE & ACCESS

Please read these Terms of Use carefully. These Terms of Use govern your access and use of the Real Brand Marketing website and mobile versions (collectively, the “Site”) as well as the provision and sale of services or products by Real Brand and/or its affiliates and/or fulfillment providers, as the context may require (“Real Brand” “RBM” “we,” “us,” or “our”).

By accessing or using this Site and its related software tools, applications, or any other Real Brand service, you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. If your use of this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use.

Every offer of a Real Brand service or product on our Site, as well as every transaction, order, and agreement that is concluded through our Site is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Real Brand has not specifically rejected them.

Real Brand reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered on our website. You may withdraw your consent to receive communications from us electronically by contacting info@Real Brandwp.com. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of our site.

You are subject to and may find additional Service Terms here:

Terms of Service
Maintenance & Support Services

Site Use

You are granted permission to access and use the Real Brand Site and its Content for the sole purpose of preparing, evaluating, and requesting services, or ordering products solely through Real Brand (referred to herein as “Services and/or Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Services or Products from Real Brand does not entitle you to use any portion of Content apart from the finished Services and products as they are supplied by Real Brand.

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious, or otherwise objectionable.

Real Brand reserves the right, in RBM’s sole discretion, to refuse to accept any content provided by you to RBM or to process any order at any time and for any reason. Real Brand also may terminate its service to and/or the accounts of customers found to be using RBM to engage in undesirable activities or otherwise violating these Terms of Use. You agree that Real Brand shall have no liability of any kind to you or to any third party arising from such refusal or termination.

You are solely responsible for your use of Content in combination with any other images, graphics, text, or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products.

By placing an order on this Site or with RBM, you warrant that you have all necessary permission, right and authority to place the order and you authorize RBM to produce the Products on your behalf. You grant Real Brand the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded, or otherwise provide, for the purpose of fulfilling your order and/or marketing services or products to you. Moreover, you warrant that you have sufficient rights to permit RBM to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your account, by email, phone, or other means of contact.

You agree that the risk of loss and title for any printed Product pass to you upon the printer’s delivery to carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Copyrighted Materials

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Real Brand Marketing or the copyrighted property of parties from whom RBM has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Real Brand reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or RBM remain the property of Real Brand and its licensors.

Indemnification

You agree that you shall indemnify Real Brand and all parties from whom RBM has licensed portions of Content, and their owners, directors, officers, partners, associates, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to RBM or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Limitation of Liability

IN NO EVENT SHALL REAL BRAND OR ITS OWNERS, LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT REAL BRAND HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM REAL BRAND OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL REAL BRAND BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT, OR OUR SUPPLIED PRODUCTS OR SERVICES.

Site Feedback

Any comments, suggestions, proposals, or other feedback (collectively “Feedback Information”) provided to RBM in connection with the operation or content of this Site shall be provided by the submitter and received by RBM on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of RBM. By submitting any such information to RBM, you agree that you are transferring and assigning, at no charge, all your rights, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Real Brand will be free to use such information on an unrestricted basis.

Governing Law

The party you are contracting with, and the seller of the products and services offered and sold on this Site is Real Brand Marketing, a company organized under the laws of the United States, and state of California. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to, or use of this Site shall be governed by the laws of the State of California. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Sacramento, California, USA. You agree to submit to the jurisdiction of courts sitting in Sacramento, California, USA and agree that venue in these courts is proper in any such legal action or proceeding. You also agree not to assert in any legal action or proceeding involving RBM that a court sitting in Sacramento, California, USA is an inconvenient forum for such legal action or proceeding.

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