Terms of Use

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Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of the RealBrandMarketing.com website and mobile site (collectively, the “Site”) as well as the provision and sale of products and services by Real Barnd Marketing and/or its affiliates and/or fulfillment providers, as the context may require (“Real Brand Marketing” “RBM” “we,” “us,” or “our”). By accessing or using this Site and its related software tools, applications or any other Real Brand Marketing 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 Marketing product and/or service 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 Marketing has not specifically rejected them.

Real Brand Marketing 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 at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

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

Creative Services Terms
Web Design Services Terms

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 Marketing 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 Marketing and its licensors. The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Real Brand Marketing reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other RBM customers may use the design tools to create logos that have similar or identical combinations of these elements and RBM does not guarantee that your logo will not have similarities to logos designed and used by other parties. Real Brand Marketing provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Real Brand Marketing reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other RBM customers may use the design tools to create logos that have similar or identical combinations of these elements and RBM does not guarantee that your logo will not have similarities to logos designed and used by other parties. Vistaprint provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.

Site Use

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

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 Marketing 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 Marketing 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 Marketing 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, 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 Marketing the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services 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 registered account.

The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our 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. 

Indemnification

You agree that you shall indemnify Real Brand Marketing and all parties from whom RBM has licensed portions of Content, and their owners, directors, officers, 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 MARKETING 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 MARKETING 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 THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM REAL BRAND MARKETING OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL VISTAPRINT 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 of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Vistaprint shall 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 general partnership 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 You agree to submit to the jurisdiction of courts sitting in Sacramento, California 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 is an inconvenient forum for such legal action or proceeding. 

©2018 RBM   Updated 12/24/2018


About Real Brand Marketing

Real Brand Marketing is an award winning, multi-disciplinary design group offering visual communication solutions to individuals and businesses of all sizes. Coming together in 2017, the Real Brand team brings over 20 years of ‘real-world’ experience, and provides personalized, professional design and branding strategies tailored to fit the unique needs of each client.





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Address
Fair Oaks, CA 95628  USA
1-916-542-9042

Hours
Monday—Friday: 9:00AM–5:00PM
Saturday: 10:00AM–2:00PM
Closed Sunday