STORE POLICY

Website Owner, Offering and Binding of Terms

This website is owned and operated by Orange Warbler Mangrove LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the ability to purchase custom apparel made by Orange Warbler Mangrove LLC. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms.

 

Website Use & Requirements to Create Account

In order to use our website and/or receive our services, you must be at least the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms,  conditions, obligations, affirmations, representations and warranties as a binding agreement. If you are not of age, then you may use this Site only if your legal parent or guardian has accepted these Terms on your behalf and consented to your use. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Commercial Terms

In order to purchase products on this website, you must be at least the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms,  conditions, obligations, affirmations, representations and warranties as a binding agreement.

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged at checkout to your payment method.

 

By entering into any transaction through this Site, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through this Site. If, in our sole discretion, we determine that (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by us to deliver the product purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used this Site to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to this Site, and terminate all of our obligations hereunder. By entering into any transaction through this Site, you consent to receiving email communications from us regarding this transaction, including purchase receipts, notices, or transactional messages. OWM may send you email reminders about items you left in your cart but did not purchase in order to complete your transaction. You agree that all agreements, notices, disclosures, and other email communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you may retain copies of these communications for your record keeping purposes. Further, you acknowledge and agree that all purchase receipts and purchase-related communications will be provided electronically only, and paper copies of receipts will not be provided.

 

Retention of Right to Change Offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Ownership of Intellectual Property, Copyright and Logos

The Service and all materials therein or transferred thereby, including, without limitation, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and all Intellectual Property Rights related thereto, are the exclusive property of Orange Warbler Mangrove LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

 

User Content

We may provide you with the opportunity to submit, post, or display content, such as photos, images, text, materials, information, data, opinions, messages, notes, graphics, designs, social media posts or other social media assets, or any other content ("User Content"). You can do this either: (i) by uploading User Content directly to this Site; (ii) by responding in any affirmative manner to our request for the right to use the User Content you post on Instagram, Facebook or Tik Tok; (iii) or by sending us or otherwise permitting us to use User Content through any other means (collectively, “Submitting”). By Submitting User Content, you automatically grant to OWM, a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license to use that User Content and your image, likeness, username, social media handle, real name, caption, location or other identifying information in connection with your User Content, in any manner in OWM’s sole discretion, with no obligation to you whatsoever, for any lawful purpose, including, but not limited to, any commercial advertising/marketing, in any manner or media now or later developed, offline and online, including, without limitation, the right to display, reproduce, modify, translate, create derivative works, distribute, assign, and commercialize that User Content for lawful uses and purposes. By Submitting User Content, you represent and warrant that: (i) you own or control unencumbered, transferable rights to your User Content; (ii) you have permission from all persons appearing in your User Content to allow you to provide the photo or video image of such persons as part of your User Content for commercial use; (iii) Use of your User Content will not violate or infringe any law or the rights of any third party; and (iv) that you have reached the legal age of majority in your jurisdiction of residence. If your User Content shows a child that is under the age of majority in their state of residence, you represent and warrant that either you are the parent or legal guardian of such child or that you have written permission from the child's parent or legal guardian to provide the photo or video image as part of your User Content for commercial use. By Submitting User Content, you hereby release, discharge and agree to hold OWM from all actions, claims, damages, liabilities, costs and expenses arising out of the use by OWM of the User Content.

 

Right to Suspend or Cancel User Account

We may permanently or temporarily terminate your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.

 

Indemnification

You agree to indemnify and hold Orange Warbler Mangrove LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Orange Warbler Mangrove LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

 

To the maximum extent permitted by applicable law, Orange Warbler Mangrove LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Right to Change and Modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Promotional Emails and Content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please notify us at any time at info@owmangrove.com.