Policies

In order to reap the benefits of all the services provided by Subliminator, it is required for the User to register and become a member ("Member"). Becoming a Member includes registering on the Site and providing all required personal information. The User has the option of not accepting marketing and promotional emails. If the User wants to cancel its membership, it can do so at any time by canceling online on the Site. Completion of the registration process requires the User to provide an email address and a password. The Subliminator account registered in the name of a specific User belongs to that User, and may not be used by a different User without the consent of the User to whom the account belongs. The User is required to maintain the security of its account’s password, and is entirely responsible for the activity that occurs on User’s account. In case of any breach of security or unauthorized use of its account, the User is required to notify Subliminator without any delay. Subliminator is not to be held accountable and will be exempt from any responsibility for the User’s losses caused by any unauthorized use of its account. User may be held accountable for the losses of Subliminator or others that occurred as the result of such unauthorized use.

Subliminator reserves the right to change, suspend or discontinue the Products, Services, charges, and fees at any given time, including the accessibility and functionality of any content, or feature. In addition, Subliminator also reserves the right to limit, without notice or liability, certain features and Services, as well as User's ability to access parts or all of the Services. The User confirms and verifies that if the User is an individual (i.e., not a corporation), the User is 18 years of age or older. The User also confirms and verifies that he/she is is legally allowed and authorized to use the Service, and accepts full responsibility for the selection and use of the Service. This Agreement goes out of power and is void where disallowed and forbidden by law, and the right of the User to access the Service is recalled and abolished in such jurisdictions.

Subliminator is entitled to alter and amend this Agreement, terms, charges, terms in its sole discretion, at any given time. It is the duty of the User to review and learn about these modifications. The use of the Service by the User after learning about these modifications will be considered and regarded as the User's acknowledgement and approval of the terms and conditions of changes as modified.

Abuse or infraction of this Agreement or any other rules will have as consequence the termination of your Subliminator account.

Subliminator and people designated by Subliminator shall be entitled, but are not obliged, to check, review, reject and remove any Content that is available via the Subliminator Services. You acknowledge and accept that you must assess, take and endure all the risk associated with, the use of any Content. This includes any certainty and trust regarding integrity, entirety, usefulness, or accuracy of such Content. Related to this, you understand and accept that you may not completely trust, believe, or depend on any Content created by Subliminator or submitted to Subliminator, including without limitation information in Subliminator posts, collaborations and in all other segments of the Subliminator Services.

Without restricting other remedies, we may restrict, pause or stop for an undetermined period of time, or completely cancel, and end our Service and User accounts, ban access to our Site, postpone or remove hosted Content, and also undertake appropriate legal or technical actions to make it impossible for the Users to access or use our Site, all this in case we believe that they are creating problems, possible legal liabilities, or acting discordantly with or contrary to the provisions and intentions of our policies. We have every right to cancel accounts that have been inactive for extended periods of time as well as unconfirmed accounts.

It is a user's obligation to supply correct, precise, and true information to Subliminator, including but not limited to, its retail price. In case the User has provided Subliminator with incorrect, imprecise, or false information, the following rules will apply: (1) the User shall be responsible and held accountable by Subliminator for damages and losses, including but not limited to taxes, that may originate from such incorrect, imprecise, or false information and (2) the User shall compensate Subliminator for such damages and losses, including but not limited to taxes, and (3) Subliminator is entitled to charge the Client for such damages and losses, including but not limited to taxes.

In order to process all future shipments and charges, Subliminator may gather and store Member's debit or credit card information. Saved Member's debit or credit card will be for this purpose charged automatically, unless the Member contacts Subliminator through the Site and requests otherwise. You will be charged the fees that are in effect at the time of a Product being ordered or a Service being used. Fees may be changed from time to time, for example in case of holiday sales, discount of the base product price, promotional events or new Services, and such changes become effective when these events or a new Service are posted on the Site. The moment you click on the "confirm" button, your purchase will enter our ordering process and you will be charged. Then, we will send you an email with all the details of your order.

By clicking on the "confirm" button during the placement of your order, you affirm and certify that you have all the legal rights to use the means of payment that you presented and used and, if you used the debit or credit card, that you are either the cardholder or have the cardholder's explicit permission to utilize the card to effect payment.

For a groundless and unjustified chargeback, the User shall compensate Subliminator for its losses which include chargeback handling fees in the amount of 15 USD per chargeback and fulfillment costs.

We reserve the right to decline the processing of a particular transaction for any reason or reject and disallow Service to any subject at any time at our sole discretion. Once the processing has begun, we may decline or suspend any transaction, and for this we can not be held legally accountable by you or any third party.

Unless otherwise declared, all fees and payments are quoted in U.S. Dollars. The User has an obligation to pay all fees, payments and applicable taxes associated with our Services and Site. After we successfully receive your order, we will send you an email verifying the price, description and details for the Products ordered. This email will also include information regarding your rights to return purchased goods. In order for the Products you purchased to be shipped to you, payment of the total price plus taxes and delivery must be made in full.

Discounts have relevance to, and exert effect on qualified monthly recurring charges before taxes, shipping and other fees. In order for the User to be awarded discounts, the User must be over certain threshold of monthly revenue in the preceding calendar month. Tiers to which discounts apply are listed on our Site, and these tiers as well as discounts themselves, may be altered, put on hold, or terminated at any given time.

If and as applicable, sales taxes, VAT and other taxes and duties associated with the Products are the commitment and obligation of the User and the User shall charge them.

Please understand that once you have pressed the "confirm" button, editing or cancellation of your order may not be possible. However, changing certain parameters such as Customer address, etc., may still be possible provided that such an option is available in your account. We cannot guarantee that such changes in your order will actually be made, but we can assure you we will try our best in each individual case. In case of a Product not received or claimed as flawed or defective, we promise we will look into it, conduct reasonable investigation and will decide at our sole discretion about possible replacement of Products and credits to the Member's account.

Once we deliver items to the carrier, the risk of loss and title for such items are transferred to the User. Claims related to a lost shipment are the responsibility of the Customer and it's up to the Customer to file such claim provided that carrier tracking system shows that the Product was delivered. In cases like this, Subliminator has no obligation to resend the Product or make any refunds.

If the Customer demands replacement of the Product or return of the funds, Subliminator will take such a request into consideration only: (a) in case there is a broken or missing Product, or a print error if it is Subliminator’s fault and (b) provided that Subliminator receives a complaint about the broken product within 30 days from the day the Product was delivered to the Customer, or if the Product is missing, within 30 days after the estimated delivery date.

Taking into consideration the fact that majority of component parts of our Products are standard, all Products available for purchase are described on their respective design pages on our Site. We make every effort to represent each design as precisely as possible, and for this purpose we use photography and copy points provided by artists, designers or photographers.

We have a strategy and system of permanent and persistent Product development which enables us to offer you what is in our opinion the best design combined with best performance. Therefore, we reserve the right to amend the specifications of Products, their price, packaging and any Service associated at any time, without the obligation of prior notice. We strongly suggest that you carefully learn about the at the Product description and design. Regarding our Products, we sincerely try to present the best images and descriptions, however, we cannot guarantee that colors and details in website images correspond 100% with the true and actual products. Also, measures of the Products might in some cases be approximate.

Products that were damaged as the result of a manufacturing process will apparently not be shipped out to Users and Customers. They can, however, be used for charitable reasons. Subliminator has every right to donate all damaged items with partial or full designs to charity. In this case, the User will not be entitled to collect royalties or other fees regarding damaged products that are donated.

The order that you make constitutes an offer to us to purchase a Product. This offer is considered accepted once we send you an email order confirmation, and thus the contract is formed. The fact that a specific Product was on the same order does not automatically mean that it becomes a part of the contract. For a specific Product to be formally deemed a part of this contract, it must be confirmed in an order-confirmation email. Subliminator will in no case be responsible or held accountable for any special losses due to specific circumstances of the User an/or Customer, wasted expenditure, collateral, incidental or consequential losses.

Orders are placed and received exclusively via the Site. Before you make an order, it is completely up to you, and it is your duty to assess full ability to receive the Products. Correct Customer’s name, address and post code/zip code, User’s up-to-date telephone number and email address are absolutely crucial for the successful delivery of Products.

Pay attention to the information you enter at the checkout page, it must be correct and accurate. Subliminator will not be held accountable for a missed delivery because of the incorrect information provided. If you need to make some modifications or completely change delivery address, phone number, or you have any other specific requirements, you are free to contact Subliminator.

Delivery costs are included in all our prices. Some Products can be packaged and shipped independently of each other.

We will advise you of any known delay in the delivery of Products, however, we do not guarantee delivery dates and accept no responsibility in case Products are not delivered according to the estimated delivery date. The delivery date estimated at the time of placing and confirming order can be changed. We will make every reasonable effort to notify you about all changes.

We strive to ensure that our delivery process is as easy and straightforward as possible. For an ownership of the Products to be transferred to you/Customer, the full payment of all sums due in respect of the Products, including delivery charges and taxes, is required. Ownership does not pass to you/Customer before this requirement is fulfilled.

You absolve Subliminator, our directors, subsidiaries, officers, agents, employees and joint ventures of any demands, claims, damages (direct and consequential) known and unknown, of any type and nature, that are originating from or are in any way related to such disputes. You acknowledge and accept that Subliminator has no authority over and does not guarantee the delivery of the advertised collaborations. Subliminator is not to be held responsible for the non-fulfillment of any benefits of an anticipated collaboration and will not be required to compensate for any damages resulting from it.

• Products or Services, or activities which are not ours
• the manner which may be confusing, deceptive, deceitful or misleading
• the manner which trivialize, undervalue, or in other way harm us or our information, products or services (including the Site), and our credibility.

You will protect Subliminator, its directors, agents, officers, employees, subsidiaries, and joint ventures from any demands or claims made by any third party due to or originating from your breach of this Agreement, or your abuse or infraction of any law or the rights of a third party, and will provide compensation for any financial costs connected with these demands and claims, reasonable attorneys' fees included.

In case of any issues related to Subliminator that may be sensitive or problematic for you, we invite you to first contact us directly and we will work together to try to find a satisfying solution. Provided that your request is reasonable, we will always first use mediation, arbitration or other alternative dispute resolution procedures to try to resolve the dispute, rather than expeditiously get involved in litigation.

• any legal procedures regarding contracts for the purchase of Products through our Site
• any disputes or claims originating from or in connection with these contracts
• any disputes or claims originating from or in connection with the subject matter of these contracts or formation, including non-contractual disputes or claims

Courts of the Netherlands will have non-exclusive jurisdiction over any dispute or claim arising out of or in connection with Agreement or its formation, including non-contractual disputes or claims.

This Agreement does not intend to form, and does not create joint venture, agency, partnership, franchisor-franchisee, employee-employer relationship, etc. You recognize and admit that you possess all required permits to grant us with Customer’s personal data for the purpose of performing and completing this Agreement.

Stipulations of this Agreement that are deemed unenforceable or invalid shall be annulled and the remainder of the Agreement shall still apply. Upon notice to you, and in our sole discretion, we may assign this Agreement. Please understand that titles and subtitles are for reference purposes only and do not limit the scope or extent of the specific section.

We reserve the right to not take action against all breaches of this Agreement. Not taking action on our part in case of a particular infringement by you or others does not constitute surrender or abandonment of our right to act with respect to subsequent or similar infractions.

Subliminator is entitled and free to assign or transfer this Agreement, any right, and any obligation originating from this Agreement at any time.

Subliminator appreciates and acknowledges your work and provides you with the opportunity to articulate and apply your ideas. We require that you be respectful of the work and rights of others. The content you submit must be either owned by you, or you must be entitled to use, display, and resell it. Content must be respectful of and adhere to copyright laws, trademark and right of publicity.

Content related in any way to child pornography will be removed. Lewd, indecent and vulgar content, or content that promotes, or is related in any way to illegal activity may be removed. You must also obey local laws and the laws of the destination regions for your shipments. It’s entirely up to you to be aware of and to respect all the rules that regulate what you legally can and can't create for your store.

Subliminator takes great pride in providing service to customers from many different countries all around the world. We nurture and attach high importance to the values of tolerance, understanding, and respect. Any content that is hateful toward any individual or a group will not be welcomed nor tolerated. Do not upload content that is hateful in any way on Subliminator.

You retain all the rights pertaining to the content you submit. Subliminator will never use it for promotional or advertising purposes without your consent. All content will undergo a review process and can be removed at any time in our sole discretion. We treat and assess each case individually.

You, as a store owner, have a duty to adhere to our content guidelines. Read and pay attention to our Terms of Service to get more details. By submitting content to Subliminator, you acknowledge and accept its full compliance with both our Terms of Service and guidelines.

We require you to complete an online registration form before ordering products or using particular parts of any Subliminator App (“Subliminator). While going through the registration process, you will be asked to provide to us certain personal information, including but not limited to the user’s (you/company) name, shipping and billing address, phone number, email address and credit card number. Additionally, in order for us to be able to adhere to applicable laws and regulations, you may also be asked to provide your/customer’s country of residence and/or organization’s country of operation, and your gender. Personal information of this kind are used for billing purposes, to fulfill orders, for communication related to the orders and Subliminator, as well as for in-house marketing purposes. In case of any problems that may emerge while processing the order, we may use your personal information to contact you.

By registering at Subliminator, you confirm that all the information you provided during registration process correspond to the truth and is accurate. You also agree to maintain and update this information as required to ensure its accuracy, completeness and actuality.

Visitors should be aware that the statistics about their behavior to our site and app may be gathered and stored by Subliminator. This information may be made available or displayed to others. Personal information different than as presented here will not be made known or revealed by Subliminator.

Your email address that you have provided as a registered user on Subliminator, may be used by Subliminator to send you info about new products, new features or to ask for your feedback. Subliminator employs all actions we deem reasonably necessary to prevent unauthorized access, use, alteration or destruction of personal information.

Your personal information may be revealed by Subliminator only to those of Subliminator’s personnel, contractors and affiliated organization for whom/which is necessary to have that information for the purpose of processing it on Subliminator’s behalf or providing services offered in the Subliminator App, and who/which have complied with their duty not to disclose it to others. Some of those employees, contractors and affiliated organizations may or may not be located in your home country.

Subliminator’s policy is not to rent or sell personal information to anyone. There are very specific exceptions to the rule of not disclosing personal information other than to its personnel, contractors and affiliated organizations, as described above, and those exceptions are as follows: court order or other governmental request, or when Subliminator believes bona fide that disclosure is reasonably necessary to safeguard the property of rights of Subliminator, third parties or the general public.

The safety of your account is ensured by a password for your privacy and security. It is your duty to choose and protect your password in the most appropriate way and to limit access to your browser and your computer by logging out after you have finished accessing your account, all in order to avert and stop unauthorized access to your account and personal information.

Subliminator employs cookies. Cookies represent a small piece of data that we send to the user's web browser and further to the user’s computer’s hard drive so that our systems are able to identify and recognize that user’s browser. Most browsers accept cookies by default. However, you as a user, are in control of cookies; you can change the settings in your browser to refuse cookies, and also you can delete cookies from the hard drive of your computer. Keep in mind though, that if you do this, your access or your ability to use portions of Subliminator service may be obstructed. Your ability to choose products, publish them on your store, and to make a purchase depends on the cookies being enabled. With cookies enabled, we store data about your browsing activity and purchase.

In case of Subliminator, or essentially all of its assets, being acquired as part of a business transition, or if Subliminator enters bankruptcy or goes out of business, your personal information will be deemed one of the assets that is an object of the business transfer or acquisition by a third party. You agree and recognize that transfers as described here may take place, and that the acquirer of Subliminator and/or the App will have the right to continue to use your personal data as set forth in this policy.

You acknowledge that changes in our Privacy Policy may occur. While most of these will be minor changes, Sublimitator may facilitate any change at any time and in our sole discretion. In order to stay updated on the latest amendments, please regularly check this page. By continuing to use our website/App after any change in this Privacy Policy, you accept and confirm such change.