Terms and conditions

Terms and Conditions

For the use of this portal in any way, it is essential that all users of HYPCO, including Artists, as defined below, respect the intellectual property rights of third parties, including copyrights and trademarks. As an Artist, as this term is defined below, you only have to upload content that you have created directly or that you have the legitimate and express right to use and market it. By accessing HYPCO, you expressly and irrevocably grant your permission to use and authorize others to use the content you upload. If you are a client or browser, please respect the copyrights and trademarks of all works that are seen or purchased in HYPCO. Respect for the intellectual property of others is an essential principle of the HYPCO community.

Uploading content and designs in HYPCO is done with the intention and consent that anyone and everyone sees it. You have to be aware that the publication of your work in this way attracts legal responsibilities. It is your responsibility to assure and remove in peace and to the safety of any third party with respect to the fact that you are not violating any law or legal provision or regulations when publishing your works, designs or comments through HYPCO.

Intellectual property violation:

If you consider that your intellectual and / or industrial property rights, or of your own image, have been infringed by a user of our service, send us a notification with the following information:

  1. Identification of the copyright, registered trademark or what has been infringed.
  2. The complete address (URL) of the products and / or designs in question (Attention: only the address http://www.hypco.com.mx is not enough)
  3. Your name, address, telephone and email.
  4. A statement that you represent in good faith that the material that is the subject of the complaint is in violation of the law or your rights.
  5. A statement that all information provided is correct and true.

Your data will be treated in accordance with our data protection policy and will be exclusively used to process your complaint.

You can send this information via email to: hola@hypco.com.mx

Any item or image that is subject to the infringement will be removed without notice. HYPCO reserves the right to take more drastic measures with the offending user in the event of repeated incidents, such as canceling your account permanently and prohibiting the use of its services.

It is important that you read the following agreement. The use of this website implies the acceptance of this agreement. If you do not agree with its terms, do not use this website.

Services contract

Legal agreement

All visitors ("user", "you", "your", "you") to the HYPCO website at www.hypco.com.mx ("website" or "website") are entering into a legal agreement binding in the following terms (the "Agreement") when using the website. The agreement is between the user, including the Artists as defined below, and HYPCO, which is the trademark in the process of registration owned by the owner of the website, ("HYPCO", "we", "us", "our" they refer to HYPCO, depending on the context) and the use of this website indicates the continued acceptance of this agreement and its modifications and updates.

Eligibility

Our services are only available for, and may only be used by, persons who may enter into legally binding contracts in accordance with applicable law. Our services are not available to people under 18 years of age or who legally do not have full capacity to be bound by the terms of this agreement.

Modifications to this agreement

We may modify the terms of this agreement from time to time, and we will let you know about these changes, either by sending an email to the email address you have registered with HYPCO or by showing information about changes in our home page, or both. Either way, your continued use of the website will be taken as acceptance of the new terms.

Services

HYPCO offers a range of services (the "HYPCO service") that, among other things, allow you to publish, market, sell, discuss and buy art and designs in different products; interact with other members; and receive the benefits of providing HYPCO for the realization of the product, including payment processing, customer service and manufacturing of third-party products and shipping.

The digital content on the website ("Content") may be information, text, data, graphics, images, photographs, sound, video, music or any other material published online by users. Any content that you upload to the portfolio section of your account is described as your "Designs" and can be viewed by all users of the website once you decide to publish it. You can order a physical product based on your own art or you can offer your Designs for sale. If you or a customer decides to place an order, then HYPCO send instructions to others who manufactured and shipped the physical product in the form specified by you or by the customer ( "the product").

Artists

You can become a Designer ("Artist") of the website by creating a password-protected account in accordance with the instructions indicated on the website for that purpose. You will be asked to select or you will be assigned a username and password when you register to become an Artist. HYPCO may reject any username that is decided is inappropriate and / or refuse any person to become an Artist and equally with respect to the designs that are uploaded.

Any information you decide to publish may be viewed, distributed or linked to and within the website or in the course of providing the HYPCO service. We care about your privacy and you can read our privacy policy and notice, if you want to know how we handle your personal information. click here.

Passwords

You and you alone are responsible for the actions performed on the website using your password, including any product bought or sold and any content displayed or sent messages, but were not approved or planned for you these actions. You are solely responsible for the losses caused by the use of your password directly by you or by any other person.

By using this page you agree not to reveal your password to any other person and not to keep your password in spaces where it can be copied or used by anyone other than you. If you suspect that someone else knows your password, you should change it immediately.

Put or Upload the content in the HYPCO site

At all times you maintain the copyright of any Content that you submit or upload to the website. In order to receive the services of HYPCO, you grant HYPCO a royalty-free and non-exclusive license to use and archive the content in accordance with the provisions of this agreement.

By submitting or uploading content on the website, you guarantee that:

            i.- You are the owner of all the copyright on the content, or if you are not the owner, that you have express and legal permission to use the content, and that you have all the rights necessary to visualize, reproduce, commercialize, exploit and sell the content;

            ii.- you upload content will not infringe the intellectual property rights or other rights of any person or entity, including copyright, patent , moral rights, trademark, or rights of privacy or publicity, or any other;

            iii .- Your use of the website comply with all applicable laws, rules and regulations and any other provisions applicable;

            iv.- Content does not contain material that defames, discriminate or vilifies any group of people on grounds of race, creed, religion, preferences,gender, among others, and is not obscene, pornographic, indecent, harassing, threatening, harmful , invader of the privacy or rights of publicity, abusive, inflammatory or in any other way, attempts against third parties;

            v.- The content does not include malicious codes, including but not limited to viruses, Trojan horses, worms, time bombs, or any other computer programming routine that may damage, interfere, surreptitiously intercept or expropriate any system, program , data, or personal information;

            vi .- The content is not misleading and does not offer or disseminates the fraudulent goods, services, schemes, or promotions; Y,

            vii .- you shall carry harmless to HYPCO and any third party claims that may receive the content you've uploaded.

HYPCO reserves the right to revise the content you upload and, if at its sole discretion it deems necessary or convenient, you may remove any content from the website and / or cancel your account. By using the website you agree to indemnify HYPCO in respect of any direct or indirect damage caused due to the breach of one or more of these warranties.

By means of the acceptance of the general conditions of use, we explicitly prohibit any infringement of intellectual and industrial property. We ask the owners of these rights to contact us if any user of our service has committed any infringement of such rights.

Any item or image that is subject to the infringement will be removed without notice. HYPCO reserves the right to take more drastic measures with the offending user in the event of repeated incidents, such as canceling your account permanently and prohibiting the use of its services.

Offering art and designs for sale

The Artists may offer their designs and art for sale on the website through the appointment of HYPCO to facilitate the transaction in the terms established in the Services Contract in Annex A. By accepting the terms of this user agreement, they are expressly accepted. the terms of the Services Agreement contained in the Annex A, which will apply from the date you offer your first design or art for sale and the continued use of the website will constitute an ongoing agreement for the terms of the same, updated occasionally.

Buying a product at HYPCO

Users can buy the products on the website hypco.com.mx using the payment methods offered by the portal and being unique and exclusive in that the origin of the resources is legitimate and lawful. You do not have to be a member to buy a product.

The price you pay is fixed at the time of the order. You can not cancel an order once it has been submitted, meaning that the transaction has been confirmed through the acceptance of the corresponding charge being made.

It is the responsibility of the client to ensure that the delivery address of the product is correct. HYPCO is not responsible for any product that a customer does not receive due to errors in the delivery address provided to us.

We do not guarantee, endorse, make representations or recommendations of any content, design or art offered or presented by any Artist, they will only be made   Recommendation that refer to respect the print size.

Payments

HYPCO will pay the Artist only after the content that is uploaded is sold and cashed. The payment terms are explained in Annex A.

Incorrect Orders

HYPCO may cancel incorrect orders. You acknowledge that despite our reasonable precautions, products may be listed at the wrong price or with incorrect information or are not available. You acknowledge that we can not process an order where this type of error exists and by using this website you instruct us to cancel such orders and take other measures as necessary.

We can also cancel an order if we believe that it is being done in contravention of this agreement, or in contravention of the rights of any person or any law or regulation. We can cancel an order, even if it has been confirmed and the customer's credit card or PayPal account has been charged. We reserve the right until the moment of delivery of the product to that client. If the cancellation of this nature occurs after the customer's order has been confirmed, in which case we will give the customer a credit for the amount in question.

Delivery

The delivery will be provided in accordance with your instructions by ordinary or urgent mail and will be paid by the customer at the price indicated at the time of purchase. HYPCO will include shipping costs that will vary depending on the size, weight and price of the product, as well as the place of delivery.

Damaged products

If a product is delivered to a customer, either in electronic or printed form, ie electronically or physically damaged in some way (for example, a file is not downloaded, a framed print has cracked, or there are broken parts in a product) HYPCO undertakes to issue a replacement copy of the product after receiving a reasonable proof that the damage was attributable to HYPCO or the corresponding provider, if the customer requests it , HYPCO generate a 100% refund of value of the purchase

If you receive a damaged product, you must send an email to the HYPCO customer service address within a maximum of 5 calendar days after receipt of the product to tell us about the nature of the damage and arrange for it to be Send a new product at no cost to you.

It is the client's responsibility to verify the quality of the contents (including, but not limited to misspelled words, grammatical errors, formatting, design or general appearance) before ordering a product. This policy of damaged goods does not apply to the content, only to the physical product. Nor does this guarantee apply to errors or problems with the size of a garment, as it is the client's responsibility to choose it, according to the tables of each garment that is offered.

In no case shall HYPCO assume any responsibility or warranties superior to the value of the product purchased and will never be liable for damages, damages or consequential damages that you wish to argue.

Excess inventory

By using this website you grant permission to HYPCO to dispose of any inventory that becomes excessive as a result of reimbursement, reprinting, product sampling or promotional activities, in any way it may appear to us.

How to report inappropriate content

HYPCO does not manually review the content before it is displayed on the website, so from time to time members may inadvertently or deliberately submit content that violates these terms and conditions. Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or offends any person, person, race, religion or religious group, is obscene , pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. HYPCO reserves the right (but not the obligation) to remove or edit said content, but does not regularly review the published content as it is the sole and exclusive responsibility of the user or artist that uploads it.

Help us and let us know immediately about any potentially inappropriate subject or content that is seen on the website. You can do this by reporting it to the email hola@hypco.com.mx that will appear on the web page of the designs.

Specific warnings

You must ensure that your access to this website and the HYPCO service is not illegal or prohibited by the laws that apply to you. You must take your own precautions to ensure that the process that you use to access this website and service HYPCO do not expose the risk of viruses, malicious computer code or other forms of intervention that could damage your own computer system. We do not accept responsibility for any interference or damage to any computer system that in connection with the use of this website or any linked website.

We accept no responsibility for losses arising directly or indirectly from a failure to provide or use the service of the website and HYPCO, corruption or loss of data, errors or interruptions, any suspension or interruption of HYPCO service, or any transmission by others in contravention of the obligations of registered members contained in this agreement.

You acknowledge that we may not be able to confirm the identity of other registered users or prevent them from acting fraudulently or in a manner that violates the rights of any person.

Intellectual property rights and licenses

By submitting ads or upload designs or art HYPCO, or use the grant website to HYPCO a non - exclusive, worldwide , transferable license to use, reproduce, distribute, royalty-free, sublicensable and prepare derivative works of and display the content such advertisements or designs, among others, in relation to HYPCO (and its successors and affiliates) and business services, including, without limitation, for the promotion and redistribution of part or all of the HYPCO site (and jobs) derivatives) in any format and through any communication channel. You also grant each user of the HYPCO site a non-exclusive license to access its content through the site, and to use, reproduce, distribute and display such content as permitted by the functionality of the site and under this User Agreement.

The above licenses terminate within a commercially reasonable term, not less than one year, after removing or eliminating your advertisements, designs and contents, among others, on the HYPCO website. The previous licenses are perpetual and irrevocable.

All intellectual property rights on this website and the HYPCO service (including the software and systems underlying the HYPCO service and text, graphics, logos, icons, sound recordings and software) are owned or licensed to us. Except for the effects of, and subject to, the conditions prescribed by the relevant trademark and copyright laws throughout the world, and with the exception of that expressly authorized by this agreement, that they may not, in any form or by any means use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works of any part of this website; or market the information, products or services obtained from any part of this website, without our written permission.

If you use any of our marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our brands on or as all or part of your own brands; in relation to activities, products or services that are not ours; so that it can be confusing or deceptive; or in a way that we or our information, products or services (including this website) disparage.

Linked websites

This website may contain links to other websites ("linked sites"). Those links are provided only for convenience and may not be up to date or in service. We are not responsible for the content or privacy practices related to linked websites.

Our links to linked websites should not be construed as endorsement, approval or recommendation by us of the owners or owners of the linked websites or of any information, graphics, materials, products or services referenced or included in the linked websites .

Release of responsibility

We do not represent or warrant that the HYPCO service or this website, or any other website, accessible through a hyperlink from this website will be free of errors or viruses. We do not represent or guarantee that access to the HYPCO service or these websites will be uninterrupted.

You acknowledge that the HYPCO service or this website may be affected by the cuts, faults or delays. Such cuts, faults, failures or delays may be caused by various factors, including technical difficulties with the performance or operation of our software, other people's equipment or systems, traffic or technical difficulties with Internet or infrastructure failures.

We do not guarantee that the charges to this website will be protected against loss or misuse or alteration by third parties. We do not guarantee that all uploaded content will be available on our website. If we choose at our discretion to make content available on our website, we do not guarantee that it will be available within a certain period of time.

We do not accept responsibility for any loss or damage, regardless of its cause (including negligence), that you may suffer, directly or indirectly, in connection with the use of this website or any linked website, nor do we accept any liability for any loss that arising from the use of this website or confidence in the information contained or accessible through this website.

To the extent permitted by law, any condition or warranty that is otherwise implied in these terms and conditions will not be included. When the legislation permits, even if it is not expressly included here, any provision that excludes our liability with respect to guarantees to the user will be considered included and in any case our liability will be limited only by the breach of said condition or guarantee to one of the following and in such scopes:

if the failure has been shown and relates to goods:

replacement of goods or providing equivalent goods;

the repair of such goods;

payment of the cost of replacing the goods or acquiring equivalent goods; or

payment of the cost of repair of the property; Y

If the breach relates to services:

the provision of services; or

payment of the cost of having the services supplied again

Compensation

You bind yourself and agree to indemnify, defend and keep HYPCO, our officers, directors, employees, agents and representatives safe and free of all conflict, harm and harm and to keep them harmless, as well as all third parties for the printing, manufacturing and / or otherwise compliance with the products sold through the website, its officers, directors, employees, agents and representatives, of and against any and all claims, damages, losses, liabilities, costs (including fees). reasonable legal fees) or other expenses that arise directly or indirectly from or from:

Your breach of any clause of this agreement;

Any allegation that any material you send to us or transmit to the website infringes or otherwise violates the copyrights, trademarks, trade secrets or other intellectual property or other rights of third parties; I

Your activities in relation to the website.

This compensation will be applicable without taking into account the negligence of any of the parties, including any indemnified person.

Privacy Policy

Your privacy is very important to us. Users of our website should consult our privacy policy - which is incorporated into this agreement by reference, to obtain information on how we collect and use personal information.

Security of the information

There is no data transmission over the Internet that can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and can not guarantee the security of any information you transmit to us. Accordingly, any information you transmit to us is transmitted at your own risk.

Termination of access

Access to this website may be terminated at any time by us without prior notice.

Dispute Resolution

This User Agreement and all disputes related to this User Agreement, or related to the use of any part of the HYPCO service, will be resolved exclusively under applicable law in and the competent courts in Mexico City, Federal District, waiving from now to any and all other jurisdictions or authorities that could be competent.

Both you and HYPCO accept that any dispute resolution procedure will be carried out only on an individual basis and not as a whole or in a class, consolidated or representative action. You also agree that any cause of action arising out of or related to the HYPCO site (including, but not limited to, the services provided or made available therein) or this Agreement must begin within one (1) year after of the cause of the action; otherwise, said cause of action will expire definitively and irrevocably.

We do not accept any liability and you release us from any and all liability for any breach of this agreement when such breach is due to circumstances beyond our reasonable control.

If we waive any right to our disposition under this agreement, on one occasion, this does not mean that these rights have been automatically waived at any other time.

If any of the terms of this agreement is considered invalid, unenforceable or illegal for any reason, the remaining terms and conditions, however, will remain in full force.

You can close your account at any time by following the instructions to that effect on the website itself.



 

ANNEX A - Agreement or service contract

To use the services of HYPCO to facilitate the marketing and sale of your designs or art, and have the manufacture and delivery of a physical product ("the product") once the order has been made through www.hypco. com.mx ("website" or "website"), HYPCO will provide the services in the terms established in this Agreement or Service Agreement.

(The terms "HYPCO", "we", "us", "our" refer to HYPCO)

  1. Services

1.1 HYPCO, acting as an independent contractor under your instructions, will market and obtain customer orders for the purchase of products with your designs through the website. HYPCO will be responsible directly or through third parties for complying with these orders, providing the means to obtain payment for the manufacture and delivery of such products ("Services").

1.2 HYPCO will provide the Services in accordance with this agreement until its termination or termination in accordance with its terms.

1.3 You agree that HYPCO is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their designs or artwork on the website, including any art that is the same as, or similar to, your products.

  1. License

2.1 By using the website you grant HYPCO a royalty-free and non-exclusive license to use your intellectual property in relation to the products in order for you to allow us to carry out the Services.

2.2 You hereby inform HYPCO to carry out the necessary steps to facilitate the payment, manufacture and transport in relation to the orders of the products with your designs through the web page and HYPCO will facilitate said payment, the manufacture and shipment in accordance with reasonable business practices.

  1. Sale of your products

3.1 The sale price charged to customers who purchase products with your designs or content that you upload to the website will be defined by us and is composed, but not limited to, the manufacturing cost invoiced by the third party manufacturer, the fees of HYPCO to attract the market and facilitate the transaction ( "base amount" la), your creator margin ( "margin"), and any applicable taxes (eg, VAT, etc). Shipping costs will also be added .. The maximum payment as an artist receive from the sale of each product with your designs will be 10% (ten percent) of the price paid by the customer effectively without taking into account shipping and in your case, if applying the discounts that would have been applied to the product sold.

3.2 We can change the prices of the products at any time and without specific prior notice and this will impact the value that said percentage represents, since the sale price is different. The sale price will not change after a customer has generated and submitted an order through the mechanisms offered by the website.

3.3 To check the amount of sales of your products and consequently the amount receivable will have to enter the "vendorpayout" platform or another that you pointed out in your case. For this, you will use the username and password that you chose or previously assigned. You can only consult about your designs. We are not responsible in any way for the operation of such applications, however at all times we will have backup of the information corresponding to the sales that before such failure would be the usable verification mechanism.

3.4 You accept that HYPCO does not offer any guarantee that purchase orders will be generated for your products, nor that you will obtain any benefit for the sole signature of this Services Contract.

3.5 All items purchased on the website are manufactured and delivered under agreements with third parties, under your instructions.

  1. Payment conditions

4.1 You authorize HYPCO to collect, maintain and distribute the sales price and shipping costs ( "product sales") customers under the terms established in this clause 4.

4.2 You authorize HYPCO to deduct the amount of base and handling of revenues from sales of products before distribution of your margin, and taxes or contributions for you.

4.3 Payment of your margin is effected via a deposit PayPal or bank deposit every two months ie cuts for payment all perform the first 10 days of the months: February, April, June, August, October and December of the year course on sales in the previous two months of each month, according to the payment method you selected on the website.     

4.4 If the chosen payment method is by bank transfer, credit card or debit card or PayPal transfer and earnings for the month in the relevant currency are less than 500 pesos, then HYPCO reserves the right not make the deposit at that time until you are above the amount mentioned. The tab corresponding deposit or the receipt issued by PayPal or other means of payment for the deposit you make will be the only and proof of payment made, the most effective proof that law applicable and shall be considered as a finiquito of you.

4.5 Notwithstanding the provisions of clause 4.4 may be requested at any time payment for the full amount of the account and an administration fee of $ 50.00 (fifty Mexican pesos 00/100) shall apply. HYPCO pay this amount within seven calendar days after receipt.

4.6 It is your responsibility to ensure that HYPCO have all your detailed and updated information, particularly concerning your address and bank accounts to receive your payments. HYPCO not be liable for any loss suffered by you if the data you provided are incorrect, including those relating to the payment method. If we are not able to pay because your data is incorrect or your data is not updated, we'll keep your margin to 12 months from the date of payment. If you have not notified HYPCO of any data modification means of payment within that period, you authorize us to donate your profit margin to a charity of our choice.

Responsibility and Taxation

5.1 Each party is responsible for paying, find out and declare taxes and contributions associated with each transaction. We recommend that you consult a tax advisor regarding the application of taxes as a seller of the goods you appropriate cover. This may include value added tax, among others.

5.2 For the avoidance of doubt, all reporting responsibilities and whole contributions are entirely your responsibility.

  1. Compensation

6.1 Under this agreement you agree to indemnify HYPCO and third parties and take out harmless from and against all claims, debts, bills, expenses, costs, charges, actions and procedures of any kind, whether known or unknown by anyone who arising out of, incidental, or under, the event, or any breach or failure to perform your obligations under this Service Agreement or as a result of your actions intentionally unintentionally with negligence or default in the performance of such obligations.

6.2 This Clause 6 shall survive the termination of this Service Agreement.

  1. Limitation of Liability

7.1 In no event HYPCO be liable for any loss or damage you suffer and arising out of this Service Agreement. To the extent permitted by law, all warranties and conditions implied by law are expressly excluded.

7.2 Between you and HYPCO by the use of the website and derived from the terms and conditions that you accept this agreement no association or any society is created, so that each party is responsible for the acts arising from this contract, so you are not a partner, associate or representative of HYPCO, linking us only and exclusively with the obligations under this instrument.

  1. Termination of this Agreement

8.1 You may give notice of termination of this Service Agreement by closing your account in the method described in the User Agreement.

8.2 HYPCO may give notice of termination of this Agreement for Services to you in writing at any time or do so by canceling your account at any time.

8.3 After the notice of termination as described, either in Clause 8.1 or 8.2, you authorize us to conclude any transaction in progress regarding your products, what we will do in terms of this Service Agreement. The termination of this Service Agreement shall take effect once these operations have been completed.

8.4 Upon termination of this Service Agreement by either party, HYPCO pay you any benefit as margin accrued on your account and are outstanding, less an administration fee which will be mentioned in clause 4.5 per each pending operation completion.

  1. Dispute Resolution

This Agreement and all disputes relating to this Agreement or relating to the use of any part of HYPCO service shall be settled exclusively under applicable law and the competent courts in Mexico City, Federal District, waiving now to any and or other jurisdiction that may be competent authorities.

You and HYPCO accept that we recognize that between you and HYPCO does not exist or will exist subordination, economic dependence, nor any other constituent factor of employment relationship, and that the activities you to play or your use of the website will be made independently and also any dispute resolution procedure is performed only individually and not jointly or in a class, consolidated or representative action. Also agree that any cause of action arising out of or is related to the site HYPCO (including but not limited to services provided or made available therein) or this Agreement must be commenced within one (1) year the cause of action; otherwise, such cause of action shall expire definitively and irrevocably.

If waive any right available to us under this agreement, on one occasion, this does not mean that automatically waives those rights on any other occasion.

If any term of this Agreement is held invalid, unenforceable or illegal for any reason, the remaining terms and conditions, however, remain in full force.

 

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