Termes et conditions | Ocampo France

Terms and conditions

1. Terms and acceptance

By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Ocampo France and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

This Site is controlled and operated by Ocampo France from its offices within France. Ocampo France makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside France are responsible for compliance with all applicable laws.

2. IP Ownership / Use license

The material provided on this Site is protected by law, including without limitation, Europe Copyright law. The copyright in all material provided on this Site is held by Ocampo France. Except as expressly permitted by Stamina Design, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Ocampo France or the copyright owner.

Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.

You may not:

Modify or copy the materials
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
Attempt to decompile or reverse engineer any software contained on Ocampo France’s website
Remove any copyright or other proprietary notations from the materials
Transfer the materials to another person or “mirror” the materials on any other server

This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Ocampo France at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. Ocampo France reserves the right to terminate your account at any time for any reason.

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of Ocampo France’s proprietary rights in them.

3. Disclaimer

THE MATERIALS ON OCAMPO FRANCE’S WEBSITE ARE PROVIDED “AS IS”. OCAMPO FRANCE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, OCAMPO FRANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

4. Limitations

IN NO EVENT SHALL OCAMPO FRANCE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON OCAMPO FRANCES INTERNET SITE, EVEN IF OCAMPO FRANCE OR A OCAMPO FRANCE AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF OCAMPO FRANCE UNDER THIS AGREEMENT EXCEED FIFTY EUROS (50€), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.

5. Revisions and data errata

The materials appearing on Ocampo France’s web site could include technical, typographical, or photographic errors. Ocampo France does not warrant that any of the materials on its web site are accurate, complete, or current. Ocampo France may make changes to the materials contained on its web site at any time without notice. SOcampo France does not, however, make any commitment to update the materials.

6. Links

Ocampo France has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ocampo France of the site. Use of any such linked website is at the user’s own risk.

7. Site terms of use modifications

Ocampo France may revise these terms of use for the Site at any time without notice. By using the Site you are agreeing to be bound by the current version of these Terms and Conditions of Use.

8. Governing law

Any claim relating to Ocampo France’s web site shall be governed by the laws of France without regard to its conflict of law provisions.

9. Feedback

Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Ocampo France or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to Ocampo France will be handled in accordance with Ocampo France’s privacy policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

10. Fees, refunds and No-Risk Guarantee

You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Ocampo France to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorize Ocampo France to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Ocampo France through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Stamina Design that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

You may cancel your subscription with Ocampo France at any time. Upon cancellation, you will continue to have access to the Ocampo France services and your design files through the end of your paid billing term. Access to your account’s design files requires an active subscription. Cancelled accounts will not have access to their files once their billing term has ended.

Ocampo France may change its fees from time to time by posting the changes on the Site with 5 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.

You may request a refund within the first 7 days of a purchase of any new subscription plan.

Charges and refunds are dependent on the exchange rate between the EURO and your currency for the day. Beyond the 7 day windows, there are no refunds for partial subscription plans under any circumstance, including unused time on a plan.

Promotions, upgrades, and adjustments to existing plans are non-refundable.

You, the client are responsible to use Stamina Design after payment.

11. Ownership, trademarks & provided assets

You own all graphics and files we create during plan month paid in full. You will provide all content/copy to be used in our designs. You agree that any materials provided to are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Ocampo France that all materials provided do not infringe on the intellectual property rights of third parties.

Subscriptions to stock photography or media is under a specific use license. Managed stock photography or assets (provided by Depositphotos or other services) are licensed to be used in the specific graphic files created by Ocampo France from a client request. Individual photos or assets will not be provided.

You agree to indemnify, defend, and hold harmless Ocampo France and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

12. Don’t abuse the Ocampo France good will

Ocampo France is designed for the reasonable use of a single individual from a non-creative based small business. We are not meant to replace a full-time graphic designer – so use your common sense!

If we find that you are not in alignment with our model, sharing accounts/logins, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic we reserve the right to cancel your account.

Your right to use the Ocampo France services shall terminate upon your breach of any term of this Agreement.

13. Output files

While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. Ocampo France is not responsible or liable for any losses or expenses incurred from errors or omissions.

14. Sample work

By default, you agree to provide Ocampo France with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to hello@ocampo.fr

15. Confidentiality

We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization, subject to our Privacy Policy.

16. Work and delivery output

While we can accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time sensitive requests.

17. Subscriptions defined

A subscription is a measurement of creative output and what we are able to accomplish with your designer in a business day. How much can be created with a subscription depends on many factors including, but not limited to the type of plan, the volume of requests, and the complexity of requests. There is no guarantee to the amount of work that can be created in a business day, with a single subscription. To increase the volume of work created within a business day it’s suggested to stack subscriptions to your account.

18. Digital Millenium Copyright Act (DMCA)

In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Ocampo France
62 Traverse du Mas Rouge, Boirargues

34970, LATTES, FRANCE

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

19. Review the knowledge base

Finally, you agree that you’ve reviewed and understand the content within our knowledge base outlining details on how our tool works and its scope of service