What this Agreement Covers

This Agreement governs your use of the Site and Escuela Creatives / Xen Industries service (the “Service”). The Service permits customers to design and purchase custom merchandise for their individual usage, and those who have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, “Institutions”); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.

Standard Terms

The Service contained on the website represent a non-binding invitation for the customer to choose, alter, design and place an order with Escuela Creatives / Xen Industries. By filling out and sending an order form on the internet, the customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials. Escuela Creatives / Xen Industries sends an order confirmation via e-mail to the customer. The order confirmation does not represent an acceptance of the offer, but shall only acknowledge to the customer that Escuelacreatives.com / Xen Industries received his/her order. The contract is only accepted when Escuela Creatives / Xen Industries ships the ordered product to the customer and confirms the shipment (shipment confirmation) to the customer in a second e-mail. Escuela Creatives / Xen Industries reserves the right to reject any received orders for any reason with notice to the customer. The contract ends with the complete delivery to the customer supplied address through Escuela Creatives / Xen Industries shipment provider. If there is an interruption of delivery, and Escuela Creatives / Xen Industries fails to cover a congruent substitute transaction in a business reasonable timeframe, the customer shall be informed immediately about the non-availability of the service. If the case of the customer having already paid, then the funds paid shall be refunded.

Intellectual Property Rights of Escuela Creatives and Third Parties

Escuela Creatives / Xen Industries is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Escuelacreatives.com Site (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Escuela Creatives / Xen Industries

Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. Escuela Creatives / Xen Industries retains the right to display such designs or offer them (or variations of such designs) to other customers.

Additionally Escuela Creatives / Xen Industries has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Escuela Creatives / Xen Industries production.

You agree to not use Escuela Creatives / Xen Industries Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

If the customer uploads their own design or influences the product in any other way (text personalization), the customer assures Escuela Creatives / Xen Industries that text and design are free from any third-party rights. The costs for possible infringements of copyright, personal rights or naming rights are to be borne completely by the customer, in this case. The customer also assures that by individualization of the product he does not infringe upon any other third-party rights. The customer releases Escuela Creatives / Xen Industries from all demands and claims which are made due to the infringement of such third-party rights, as far as the customer is responsible for the breach of duty. The customer shall promptly reimburse Escuela Creatives / Xen Industries for all defense costs and other damages resulting from any such action.

Limit of Escuela Creatives / Xen Industries Responsibility

Escuela Creatives / Xen Industries will be responsible for acting only on those instructions sent to Escuela Creatives / Xen Industries that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Escuela Creatives / Xen Industries is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Escuela Creatives / Xen Industries is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.

The information and materials contained in this Site, including text, graphics, links or other items, are provided “as is”, “as available”. Escuela Creatives / Xen Industries does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.

In no event will Escuela Creatives / Xen Industries be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Escuela Creatives / Xen Industries, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. Escuela Creatives / Xen Industries will accept no responsibility for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.

Escuela Creatives / Xen Industries only bears responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. Escuela Creatives / Xen Industries liability is limited to the payment of the foreseeable, typically occurring damage. As far as liability of Escuela Creatives / Xen Industries is excluded or limited in these general terms and conditions then the same applies for personal liability related to the order for damages on the part of employees, representatives and agents of Escuela Creatives / Xen Industries.

When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronic documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.

Prices

The product prices are finalized as the designs are completed. Sales taxes, shipping and handling are billed separately and shown separately on the invoice. The shipping address and order amount is decisive for location determination. The customer has to pay sales tax, shipping and handling, which may depend on order value and the delivery location. Purchase price, along with sales tax, shipping and handling charges are immediately payable, without deduction.

Payment Policies

Payment will be carried out according to the customer’s choice of either direct debit, credit card, advance payment or other payment methods. Escuela Creatives / Xen Industries reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria. In case of the method of payment chosen by the customer not being practicable, where Escuela Creatives / Xen Industries has met its contractual obligations, in particular if it is the case that a direct debit from the customer’s account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by Escuela Creatives / Xen Industries or a third party which carried out the transaction. of trustworthy third parties for the handling of the payment: a) If it comes to a default of payment of the customer, Escuela Creatives / Xen Industries is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties; b) In the case of intervention of third parties in the handling of payments, then payment in relation to Escuela Creatives / Xen Industries only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.

Shipment/Delivery Times

Escuela Creatives / Xen Industries orders are generally available to deliver within 2 days. Delivery times and terms of delivery shall only be binding insofar as Escuela Creatives / Xen Industries has expressly agreed to such in writing. Typical, delivery times are 2-4 days, but can take up to 2-3 weeks in certain circumstances. Delivery is available to the United States.

Delivery shall be conducted by a shipment service provider chosen by Escuela Creatives / Xen Industries. The customer has to pay standard shipping costs, which may depend on order value, and where the order is shipped.

Returns Policy

Escuela Creatives / Xen Industries goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, Escuela Creatives / Xen Industries accepts returns and will refund payment if and when customers are disappointed by Escuela Creatives / Xen Industries merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embellishment) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer.

Privacy Policy

Escuela Creatives / Xen Industries uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by Escuela Creatives / Xen Industries for fulfillment and handling of the contract. This data is treated confidentially by Escuela Creatives / Xen Industries and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Escuela Creatives / Xen Industries has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.

In addition, Escuela Creatives / Xen Industries may share information about you or your order if we believe in good faith that disclosure of specific information is necessary to (a) resolve disputes, investigate problems, or enforce our User Agreement; (b) comply with relevant laws or respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity (in which case we can, and you authorize us to, disclose personal information without subpoenas or warrants served on us); or (c) protect and defend our rights or property or the rights and property of you or third parties.

Indemnity

You agree to defend, indemnify and hold Escuela Creatives / Xen Industries and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of Escuela Creatives / Xen Industries Site and the Service, your violation of this Agreement, or your violation of any rights of another.

Governing Law

This Agreement shall be governed by the laws of the State of Nevada and, where applicable, by federal law.