Date of last revision: 8. June 2021
This Website is owned and operated by Fobia d.o.o d/b/a fobia d.o.o. (“fobia d.o.o.”), a Slovenian company. fobia d.o.o. offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 12 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 12 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
fobia d.o.o. reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://destinysdivide.com/terms. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents:
- Website Use
- Website User Conduct and Restrictions
- Order Placement and Acceptance
- Accuracy of Billing and Account Information, Fraud & Chargebacks
- Products and Prices Available on the Website
- DISCLAIMERS OF WARRANTIES
- fobia d.o.o.’ LIMITATION OF LIABILITY
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- Communicating with fobia d.o.o.
- Notice and Takedown Procedures; Copyright Agent
- Third-Party Links
- User Content, Feedback and Other Submissions
- Entire Agreement
- No Waiver
- Governing Law and Venue
- Force Majeure
- Electronic Signature
- Changes to the Agreement
- Your Additional Representations and Warranties
- Contacting Us
SECTION 1 – WEBSITE USE
By creating an Account and/or using the App you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us. If you are under 18 years old, you agree to have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf. You must not create an account and/or place an order for products through the Site unless you less than 13 years old. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS
Subject to your continued strict compliance with all Terms, fobia d.o.o. provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that: (i) the content, layout, formatting, and features of, and access privileges for, the Website shall be determined by fobia d.o.o. in its sole and absolute discretion; (ii) fobia d.o.o. has the right to control and direct the means, manner, and method by which the Website is provided; (iii) fobia d.o.o. may, from time to time, engage independent contractors, consultants or subcontractors to aid fobia d.o.o. in providing the Website or use thereof; and (iv) fobia d.o.o. has the right to provide the Website to others. fobia d.o.o. or its licensors, as applicable, shall, at all times, retain exclusive ownership of the entirety of the Website and its content. You agree that fobia d.o.o. may, in its sole discretion, and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason.
Your use of the Website for any illegal or unauthorized purpose is expressly prohibited. You represent and agree to provide true, accurate and complete information about yourself. You must not violate or infringe any of our intellectual property including, but not limited to, copyrights, trademarks, service marks, trade dress, trade secrets, or patents.
As a user of the Website, you agree that in connection with your use of the Website and the content you will not: (a) Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using the Website; (c) Use the Website for any unlawful purpose; (d) Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (e) Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; (f) Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) Interfere with or disrupt the Website, the services, the content, or the servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; and/or (i) Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the prior express written authorization of fobia d.o.o., you may not: (a) Duplicate the Website; (b) Create derivative works based on the Website or any of our intellectual property; (c) Remove any copyright or other proprietary notices from the Website or any of the intellectual property contained thereon; (d) Frame or utilize any framing techniques in connection with the Website or any intellectual property; (e) Use any meta-tags or any other “hidden text” using the Website’s name or marks; (f) “Deep-link” to any page of the Website; (g) Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website); (h) Use any data mining, bots, or similar data gathering and extraction tools on the Website; (i) Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server, or activities conducted therein; or, (j) Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
SECTION 4 – ORDER PLACEMENT AND ACCEPTANCE
You agree that any products you purchase from fobia d.o.o. and/or our Website will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any product that you order from the Website.
If you order a product, payment must be received by fobia d.o.o. before your order is accepted. fobia d.o.o. may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed.
Your order is conditioned on you accepting this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your credit card will be fully refunded for that specific order.
fobia d.o.o. does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website. If fobia d.o.o. discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, fobia d.o.o. will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by fobia d.o.o..
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
SECTION 5 – SHIPPING
Please note that we only ship to the United States and select European Union countries (UK, France, Spain, Germany, and Norway). Unless otherwise stated on the Website at the time of purchase, fobia d.o.o. reserves the right to add applicable shipping and handling fees to your order. Unless otherwise stated, fobia d.o.o. will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Although fobia d.o.o. may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery. If your order will be delayed, fobia d.o.o. will contact you at the e-mail or street address you provided when placing your order. If fobia d.o.o. is unable to contact you or you would like to cancel your order, fobia d.o.o. will cancel the order and refund the full amount charged. fobia d.o.o. shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by fobia d.o.o.. The risk of loss and title for such items pass to you upon our delivery to any third party carrier.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION, FRAUD & CHARGEBACKS
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. By placing an order, you represent and warrant that you will only provide payment information which is yours or information you are authorized to use and provide to us for purposes of placing an order. fobia d.o.o. reserves the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to fobia d.o.o., or for any other reason that we, in our sole discretion, believe appropriate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
It is important to note that we continue to see an increase in fraudulent transactions over the internet. Unfortunately, much of this fraud is perpetrated by customers who have legitimately purchased products, but later deny having done so to their credit card companies. Please keep in mind that this practice is illegal and may be punishable by imprisonment and/or fines. We reserve the right to fully investigate all claims of credit card fraud which may include asking you to sign an affidavit. In addition, if you perpetrate such fraudulent activity, your credit card may be “black listed” by your credit card company, payment processors, and/or retailers, and may be unable to be used for any internet purchases. If you are not satisfied with our fobia d.o.o. product simply ask for a refund under our Return & Refund Policy or call us so that we can help you resolve any issues or concerns.
SECTION 7 - PRODUCTS AND PRICES AVAILABLE ON THE WEBSITE
Fobia d.o.o. reserves the right, without notice, to discontinue products or modify specifications and prices on products without incurring any obligation to you. fobia d.o.o. takes reasonable steps in an effort to insure that the prices set forth on the Website are correct, and to accurately describe and display the items and images of our products that are available on the Website. However, we cannot guarantee that your computer monitor’s display of any item or products will be accurate. When ordering products, please note that fobia d.o.o. does not warrant that product descriptions are accurate, complete, current, or error-free. We reserve the right to modify the contents of this Website at any time or to modify or discontinue service over the Website. You agree that it is your responsibility to monitor changes to our Website. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of access to the Website. fobia d.o.o.’ descriptions of, or references to, products or services not owned by fobia d.o.o. are not intended to imply endorsement of that product, or constitute a warranty by fobia d.o.o. unless expressly stated on the Website.
SECTION 8 - DISCLAIMERS OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY: THE WEBSITE AND THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, fobia d.o.o. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. fobia d.o.o. DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. fobia d.o.o. MAKES NO, AND EXPRESSLY DISCLAIMS, ALL WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH USE OF THE WEBSITE IS USED AT YOUR OWN 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 OR DATA. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM fobia d.o.o. OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SECTION 9 – fobia d.o.o.’ LIMITATION OF LIABILITY
IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, fobia d.o.o. IS FOUND LIABLE UNDER ANY THEORY, fobia d.o.o.’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. This limitation of liability shall apply for all CLAIMS, regardless of whether fobia d.o.o. was aware of or advised in advance of the possibility of damages or such CLAIMS. Some STATES do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You AND YOU MAY HAVE ADDITIONAL RIGHTS. Notwithstanding anything in these terms to the contrary, this limitation of liability does not apply TO CONSUMERS in New Jersey.
SECTION 10 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
b. Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Fobia d.o.o, Kekceva Ulica 12, 1000 Ljubljana, Slovenia or by email to [email protected]. fobia d.o.o. will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with fobia d.o.o. or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below.
c. Commencing Arbitration
You and fobia d.o.o. agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
d. Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Slovenia unless fobia d.o.o. otherwise agrees to arbitrate in another forum requested by you.
e. Organization, Rules and the Arbitrator
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “c” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration.
For your convenience, fobia d.o.o. will pay all of the filing costs for the arbitration, including the fees charged by the arbitrator. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
g. Governing Law and Award
The arbitrator shall follow the substantive law of Slovenia without regard to its conflicts of laws principles unless in the event that fobia d.o.o. agrees that the substantive law of the State in which you reside may be followed and applied. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with fobia d.o.o., bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and fobia d.o.o. and shall not be modified except in writing by fobia d.o.o..
fobia d.o.o. reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a fobia d.o.o. product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, fobia d.o.o. will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a fobia d.o.o. product, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUA
LLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.
You have THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN thirty (30) days from the date that you PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THIS WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO fobia d.o.o. at Fobia d.o.o, Kekceva Ulica 12, 1000 Ljubljana, Slovenia or by email to [email protected] FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PUCRHASED, USED OR ATTMPETED TO USE THE PRODUCT. If more than thirty (30) days have passed, you are not eligible to opt out of THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
SECTION 11 - fobia d.o.o.’ REMEDIES
In order to prevent or limit irreparable injury to fobia d.o.o., in the event of any breach or threatened breach by you of the provisions of the parties’ Agreement, fobia d.o.o. shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting fobia d.o.o. from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
SECTION 12 - TESTIMONIALS
fobia d.o.o. may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to fobia d.o.o.’ products, in printed and online media, as fobia d.o.o. determines in its absolute discretion. Testimonials represent the unique experience of the customer submitting the testimonial, and does not necessarily reflect the experience that you may have using our products. Your results will vary depending upon the type and volume of insect(s) present on your bedding or furniture. Additionally, fobia d.o.o. reserve the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. fobia d.o.o. shall be under no obligation to use any, or any part of, any testimonial or product review submitted. By submitting a testimonial or product review, you agree, give permission for, and hereby forever and irrevocably grant any necessary license for fobia d.o.o. to publish and/or reproduce any part of the testimonial on the Customer Reviews and Testimonials pages of the Website, any other section of the Website, and/or in any other media. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
SECTION 13 - COMMUNICATING WITH fobia d.o.o.
You understand that all telephone calls, live chats and other communications such as personal messaging or social media posts to or from fobia d.o.o. may be monitored and recorded and you consent to such monitoring and recording.
You verify that any contact information provided to fobia d.o.o. is true and accurate. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to fobia d.o.o. and that by voluntarily providing your contact information to fobia d.o.o., you agree to be contacted at the telephone numbers or at any other contact method you provide.
You consent to receive e-mails, pre-recorded voice messages or autodialed calls (including text messages) to the phone number(s) provided by you at the time of purchase (including any cell phone numbers) by or on behalf of fobia d.o.o. relating to this Agreement, any purchase or transaction with fobia d.o.o., your account (including debt collection), promotions regarding and advertisements for fobia d.o.o. products, customer satisfaction surveys, and product inquiries. You agree to receipt of such communications made by or on behalf of fobia d.o.o. even if your phone number is registered on a state or federal Do Not Call list. You acknowledge that you may incur a charge for these communications by your telephone or internet carrier and that fobia d.o.o. will not be responsible for these charges. Your consent to this communications provision is not required to make any purchase with fobia d.o.o.. You agree to provide fobia d.o.o. notice within 30 days of any change to your contact information by e-mailing to fobia d.o.o. at [email protected] or writing to Fobia d.o.o. Kekčeva Ulica 12, 1000 Ljubljana, Slovenia.
SECTION 14 - NOTICE AND TAKE-DOWN PROCEDURES; COPYRIGHT AGENT
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to fobia d.o.o. by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that fobia d.o.o. may find it on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Fobia d.o.o, Kekceva Ulica 12, 1000 Ljubljana, Slovenia or by email to [email protected]
SECTION 15 - THIRD-PARTY LINKS
Certain content, products and services available via our Website may include materials from third-parties.
Third-party links on this Website may direct you to third-party websites over which we have no control. These links are provided for the user’s convenience and should not be viewed to be an endorsement by fobia d.o.o. of that third party’s site’s content, product or services. fobia d.o.o. has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on any website that links to or from any fobia d.o.o.’ Website. You acknowledge that fobia d.o.o. is not responsible for examining or evaluating the content or accuracy of any third-party websites, and that fobia d.o.o. does not warrant nor have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable, directly or indirectly, for any harm, loss or damages caused or alleged to be caused by the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s terms and conditions, policies and practices and make sure you understand them before you engage in any transaction. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 16 - USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send testimonials, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any content that you forward to us. We are and shall be under no obligation (1) to maintain any content in confidence; (2) to pay compensation for any content; or (3) to respond to any content.
By posting or submitting your content you grant fobia d.o.o. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate, perform, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. fobia d.o.o. is free to use any ideas, concepts or know-how contained in your content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products that use such information.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You represent and agree that your content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content. You are solely responsible for any content you submit and its accuracy. We expressly disclaim responsibility and liability for any content posted by you or any third-party.
SECTION 17 - INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless fobia d.o.o. and all of its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, parent companies, subsidiaries, and affiliates from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with or related to (1) your use, misuse or inability to use the Website, (2) information you submit or transmit through the Website; or (3) your breach of these Terms, the documents they incorporate by reference, or the Agreement, or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 19 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “PAY NOW,” “COMPLETE ORDER,” ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using this Website, whichever is earliest.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination or suspension. You further agree that fobia d.o.o. shall not be liable to you or to any third party for the consequences of such termination or suspension. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival of rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession. Sections 9 through 13, 18 through 25, and 27 through 28 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with fobia d.o.o..
SECTION 20 - ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on this Website or in respect to the Website constitutes the entire agreement and understanding between you and fobia d.o.o. and governs your access and use of the Website and your ordering, purchasing and use and/or attempted use of any product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications and proposals, whether oral or written, between you and fobia d.o.o.. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on this Website.
Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 21 – NO WAIVER
No failure or delay on the part of fobia d.o.o. in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by fobia d.o.o..
SECTION 22 - GOVERNING LAW AND VENUE
SECTION 23 – FORCE MAJEURE
fobia d.o.o. shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay fobia d.o.o.’ performance.
SECTION 24 - ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with any fobia d.o.o. company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on a button labeled “PAY NOW,” “COMPLETE ORDER,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
SECTION 25 - CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at https://destinysdivide.com/terms.
We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes. Unless accepted by fobia d.o.o. in writing, these terms and conditions may not be amended by you.
SECTION 26 - YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant that you are age eighteen (18) or older, that you have read this Agreement and thoroughly understand the terms contained in this Agreement, that any products you purchase from the Website will be used for your personal, non-commercial use, and that you will not re-sell, re-distribute or export any product that you order from the Website. You further represent that fobia d.o.o. has the right to rely upon all information provided to fobia d.o.o. by you, and fobia d.o.o. may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website.
SECTION 27 - CONTACTING US
To contact fobia d.o.o. with billing, product, delivery or any other inquiry, please email us at [email protected]
Main Office: Fobia d.o.o., 1000 Ljubljana, Slovenia
US Mail: fobia d.o.o., 2045 W Grand Ave Ste B #91548
Chicago, Illinois 60612-1577 US
Fobia Global LLC.
701 S CARSON ST STE 200, CARSON CITY, 89701, Nevada
For your convenience, you can determine the cost of postage from your area by visiting the U.S. Post Office’s website: https://www.usps.com/international/first-class-mail-international.htm.