Terms and conditions
These terms and conditions ("terms", "Agreement") are an agreement between Invincibilis ("Invincibilis", “invincibilis.com”, "us", "we" or "our") and you ("user", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the invincibilis.com website and any of its products or services (collectively, "Website" or "Services").
Accounts and membership
You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for keeping your account profile current, maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Only one account is permitted per individual. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or Content would tend to damage our reputation and goodwill. In addition, we may cancel an account if it remains unused for a continuous period of 18 months. If, we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. Where we suspend or prohibit or block your access to our Website, or a part of our Website, you must not take any action to circumvent such suspension, or prohibition or blocking, including without limitation, creating and or using a different account. You may also cancel your account on our Website at any time by using your account “Profile Information” control panel on the Website. You may also find instructions in FAQ. In the event that you cancel your account, you must be re-invited by another member to rejoin the Invincibilis Community.
User login details
If you register for an account with our Website, you will be asked to create a user ID and password. Your user ID must not be liable to mislead and must comply with the Community Standards. You must not use your account or user ID for or in connection with the impersonation of any person. You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Data Protection
The required information you submit during the registration process is for administration purposes only and will not be shared with third-parties unless legally required to do so.
Community Moderation
We endeavor to foster a dialogue amongst members of the Invincibilis Community. We hope that you participate through the Contributions of your shared Content in compliance with the rules set forth in Community Standards. We support these efforts through our attempts to monitor the Community during the regular USA business hours of (9am-5pm PST, Monday through Friday, excluding USA public holidays). We enforce Community Standards by multiple means. We will make an attempt to check Content submissions by users to ensure that those submissions comply with our Community Standards as is feasible subsequent to publication. We also have a ban word list which prevents the use of words which may cause offense. In addition, we also use Community moderators to monitor user Content Contributions for breaches of Community Standards. Finally, the Community may assist in upholding Community Standards by participating in the reporting system. If, by your determination, a user has committed a breach of Community Standards, you may report that user. We reserve the right to enforce the breach of Community Standards at our discretion. By no means, does reporting a breach imply enforcement of the reported breach.
If by our evaluation a member breaches our Community Standards, we reserve the right to delete or block access to submitted Content and terminate, suspend or modify the conditions of their access to the Community, without previous warning. In addition, we reserve the right to edit or delete a member’s submitted Content if we determine by our sole discretion and without notice to you, that the submitted Content of a member violates our Community Standards. We also reserve the right to bring legal proceedings against any individual for a breach of the Community Standards, or take any other such appropriate action.
We expressly exclude our liability for any loss or damage arising from the use of the Community by any person in violation of these Community Standards. While we do attempt to moderate the Community, we are not legally responsible for any material or shared Content posted by third parties and we may stop, or suspend, moderating the Community at any time.
Community Standards
Our goal is to create an accepting, caring and respectful Community. To help us accomplish this, you agree that your use of this Community and your Contributions must:
• be authentic and genuine
• not quote out of context and give credit to the original author as the source of the material
• adhere to all material domestic, foreign and international laws that regulate the Content which comprises your Contribution
You further agree that your use of this Community and Contributions will not:
• be threatening, hateful, unlawful, defamatory, obscene, abusive, offensive, inflammatory, invasive of anyone’s privacy, or otherwise objectionable
• promote discrimination or prejudice on the basis of race, ethnicity, sex, religion, nationality, national origin, disability, beliefs, sexual orientation, being a transsexual person, or age
• breach any intellectual property rights including but not limited to design right’s, database right’s, patents, trade-marks, copyrights moral or performer’s rights or any other third-party rights • intimidate, shame, mock or cause distress to any other person
• involve instruction, recommendations, or Content that could cause harm, injury or suffering to individuals or damage to computers or systems
• encourage or inspire anyone to commit any unlawful or criminal act or condone or overlook any unlawful or criminal act
• give the impression or cite that the Contribution originates from Invincibilis (or any of its third-party companies) if this is not in fact true, or impersonate any person, or misrepresent your identity or affiliation with any person
• contain any advertising including but not limited to, advertising or promotional materials in downloadable file or digital format
When you do upload Contributions to the Community, or when you make contact with other members of the Community, you must comply with our Community Standards. You uphold that any such Contribution does adhere to those Community Standards, and you indemnify us for any breach of that warranty.
We reserve the right to divulge your identity to any third party who is alleging that any Contribution posted or uploaded by you to this site is injurious of them, a violation of their intellectual property rights, or of their right to privacy.
We are not responsible, or liable to any third party, for your Contributions or truthfulness of any materials posted by you or any other user of this site.
Social networking
Registered users will have access to such additional features on our Website as we may from time to time determine, which may include:
• facilities to complete a detailed personal profile on the Website, to publish that profile on the Website, and to restrict the publication of that profile to particular groups or individuals registered on the Website;
• facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members;
• facilities to create events, coordinate, and manage those events that you have created
• the facility to create contests and polls for registered users to participate in
• the facility to create and manage a blog for registered users to contribute to
• the facility to send private messages via the Website to particular groups or individuals registered on the Website; and
• the facility to post and publish text and media on the Website
You acknowledge that we cannot be held responsible for the behavior of our users, either on or off the Website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to the Limitation of Liability and Indemnification sections of this Agreement, you will not hold us liable in respect of any loss or damage arising out of any user behavior or user information.
You agree to the publication of posts relating to you, by others, on our Website; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to the Limitation of Liability and Indemnification sections of this Agreement, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.
You agree that we cannot be held liable for other social media platforms or the collection of information by other social media platforms.
Important Points
• The views and opinions expressed by any individual within the Community are those of the individual and do not necessarily reflect the views or opinions of Invincibilis.
• Any medical instruction or information posted to the Community by any individual should not be viewed, acknowledged or understood to be reliable. We therefore disclaim all liability and responsibility arising from any reliance placed on such instruction or information by a user of the Community, or by anyone who may be informed of any of its contents. You must always seek medical advice from your doctor or a suitably qualified medical professional.
• Any instruction or information posted to the Community should not be accepted as true or factual. It is up to individual users to check the validity of any instruction or information before depending on it, especially where the ramifications of following it could be serious.
• Occasionally Invincibilis follows back users which follow Invincibilis profiles within the Community. A follow-back does not constitute an endorsement or affirmation; the same applies to sharing messages posted on accounts that Invincibilis does not own, or marking them as 'favorites', or otherwise sharing information on a different platform.
User content
We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to the use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. Your use of the Website grants us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account.
Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change service and service pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel Services purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Purchases are final with NO REFUNDS issued for any reason. Please be sure of your purchase selection before you finalize the transaction. As a member you have proprietory access to your account and are responsible for its security under the terms of "Accounts and membership" in this agreement.
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
Backups
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Advertisements
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or Services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Competitions
From time to time we may run competitions for the Community, free prize drawings and/or other promotions on our Website. Competitions will be subject to separate terms and conditions, which we will make available to you as appropriate. Links to other websites Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Invincibilis will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on beliefs, sex, gender, sexual orientation, being a transsexual person, religion, ethnicity, race, age, nationality, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Invincibilis or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Invincibilis. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Invincibilis or Invincibilis licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Invincibilis or third-party trademarks.
Copyright
By submitting a Contribution to the Community, you agree to grant Invincibilis a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content to use that Contribution and to waive your moral rights. Although you will still own the copyright in your Contribution, Invincibilis will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution in any format and media. This license will be free of charge, perpetual and capable of sub-license. Invincibilis may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. We reserve the right to display advertisements in connection with your Contribution.
Please also note that, in conformity with the Community Standards, you must confirm that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Community, you are warranting that you have the right to grant Invincibilis the non-exclusive copyright license described above.
If you are not in a position to grant such a license to Invincibilis, please do not submit the Contribution to the Community.
Disclaimer of warranty
You agree that your use of the Invincibilis Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. We reserve the right to terminate Website publication at any time and at our discretion. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or Services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Website or Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Invincibilis, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of Content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Invincibilis has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Invincibilis and its affiliates, officers, employees, agents, suppliers and licensors, relating to the Services will be limited to an amount greater of one dollar or any amounts actually paid in cash or credit by you to Invincibilis for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Invincibilis and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without prior written consent assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of California, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in California, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
Complaints
If you would like to submit a complaint regarding a breach of Community Standards, please do so by using the reporting tool in the respective section of the Website. Please provide the reason for the complaint and, depending upon the circumstances, we will respond to the issue within a reasonable time frame, and at our discretion.
Contacting us If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to admin@invincibilis.com This document was last updated on January 22, 2022
