Terms of service

Terms and Conditions

Welcome or Holy Spirit Upline Fitness.  Please read the following terms and conditions carefully. This Privacy Policy is promulgated by Holy Spirit Upline Fitness, a company enrolled in the laws  State of New York, under the corporate registration number, 5747458  and NYBE Business ID 433127615Policy applies to online presence to the company, Holy Spirit Upline Fitness ,on the sales platform and social networks, as applicable.

 These terms appear from part one Holy Spirit Upline Fitness, hereinafter identified as  "the company", "we" or "us", "the website", "the company", "the seller" or a reasonable substitute for  the above..

From the second part, the person who consumes content, browses, purchases or makes any use of this website, identified as "the user", "the visitor", "the navigator", customer, buyer, or a reasonable substitute for the name.

The terms and conditions are force of law and constitute agreements between the parties, relating to the issues outlined.  By browsing this website, creating an account and/or purchasing product, you are agreeing to the policies, terms and conditions, as  enacted and as applicable.   The laws of  State of New York, will govern the business conducted by this site, including, but not limited to,  its regulations on contractual relations. Likewise, U.S.  Federal laws (jurisdiction may change by country) will apply for all those to matters that are busy field.

 OUR PORTAL

Holy Spirit Upline Fitness is  an online store dedicated to Christian T-Shirt Clothing for all family, Sticker, Mug & Jewelry with Faith messages. 

 It is important that you know that our products are from different distributors, so if you make a purchase from different collections, they are not ordered at the same time, so it means that each chosen collection has a different shipment which requires that.

This is ordered and sent by different shipping methods.

Through our website, we offer alternatives for you for the whole family, clothing and accessories for children, women and men, making our store meet the needs of the whole family with quality clothing at a good price.

This site  contains product sand information  covered with a high degree of professionalism and experience.  In relation to the informational content  and products  available on this website, it is important that you know that the use and use of the material we publish may offer you beneficial results, but we cannot guarantee results, due to the number of components and variables that we cannot control at the time you use the products or use our techniques and advice. 

None of our publications, replaces, equates, or is compared to expert opinion or certified professional.

SALES PURCHASE TERMS  Holy Spirit Upline Fitness is a shopping platform on the line, recognized in the digital market.   Visiting our website does not constitute a purchase obligation.  All  purchases made are completely free and voluntary. 

From now on, the company is identified as the seller and the user who creates an account and /or  provides authorization for a  success full payment transaction,  is the buyer.

For these purposes the seller agrees to deliver items by post and the buyer agrees to pay for the purchase.  The objects of this contractual relationship will be defined according to the buyer's selection and the fair price, will be the one agreed by the parts at the time of the final payment.

We suggest that the visitor  become a  a user, opening an account in their name  to purchase products through our website.   However, opening an account is not a requirement for the purchase sale. By choosing products from the merchants and available on our Website, you agree to all related terms and conditions.  Once payment is due, enter the payment method information and proceed to finalize the purchase, accept the terms and conditions related to the purchase sale, returns, warranties, the terms and conditions of the payment tools we use on our site, and authorize the company, debit, charge or invoice your provided bank account, the total amount of the transaction.

 The payment method accepted by the Website is  from credit and debit cards. All transactions made on our Site are secured by our collection platform, so all policies applicable to the payment method and those of our method of securing transactions are binding and apply to the user, who accepts them at the end of the transaction. Our website does not store payment information or financial information from customers, except when the system is enabled and the customer selects to have their information remembered, after opening an account on our site. The banking institution responsible for the processing of transactions and payments, does not retain information from our customers and is limited exclusively to the processing of the information provided by the client at the time of payment.  The information submitted for the realization of the payment is used for the sole purpose of processing the present transaction, it will not be remembered by the bank for future transactions or additional arrangements.

 Products purchased through our Site are warranted in accordance with the Warranty Policies of this Site and their shipment is governed by the Shipping Policy.  We suggest that you review both Policies before completing a purchase transaction on our Site.

Once the user completes the purchase transaction, it is considered final and firm for the purpose of enjoying all legal guarantees that may arise as a result.

Transactions that are terminated by the user, but rejected by our site, because the payment method used has declined their coverage on the transaction, are not final.  If the customer does not provide a new valid payment method, the transaction will be cancelled.

The user who chooses to open and  maintain  an  account  with us,  can have a shopping list or basket, with products or services that they wish to purchase.  The placement of these items in such space does not constitute a pre - purchase and does not grant you rights to the product, the availability of which is not guaranteed until the purchase is complete.  The products  or services will remain in the basket for a defined term.   After this term the products will be removed, without this preventing the user from placing them again.

 The user will receive a confirmation email, once their purchase transaction is completed and the order is started to be processed.  In this immediate period, the company works hard to prepare orders and handle shipping.  When the order is sent, the user is notified and when the order is received by the user, we are notified.  The  shipment of the order by the user or his authorized representative, perfects the contract of purchase sale between the parties.  For more shipping details you can consult our Shipping Policy. 

 USER ACCOUNT POLICY

We offer content of interest for the enjoyment of all your visitors.   User accounts are  intended to provide you with an additional resource to all visitors who wish to make purchases of products, keep pending orders,  select favorites or future purchases.  The alternative of creating an account is available to all visitors who are going to make a purchase.

The user may create an account, which will be approved by the administrative staff of the Site.  These personnel shall have the power to open, authorize and close user accounts where necessary, in accordance with this policy.

This resource is available to users over the age of 18 who can read and accept the terms and conditions that affect user accounts, and those of the Website.  Acceptance of these terms requires affirmative action in the account creation process and subsequent use of the account is subject to the same terms and conditions.

To help us take care of your privacy, the information you provide to us and ensure that transactions made from your account are legitimate and desired, the use of the accounts is individual.  Accounts cannot be shared, and registered information related to a user must correspond solely and exclusively to that user.

Duties and Responsibilities

  1. Your safety is very important to us. That's why we'll take care of the information you provide to open your account, order and order information, and payment method information.  For more information on privacy matters, please visit the Privacy Policy. 
  2. You must not share your login information with third parties.
  3. You must observe and comply with the terms and conditions of the Website, at all times. In addition, you should observe desirable behavior and demonstrate lawful use of the account.
  4. The use of third-party information to create a user account or place product orders is prohibited.
  5. You may not download material or any kind that affects the operation of the Website or user accounts.
  6. You may not request, obtain, search or extract access and/or payment information from other users, for any reason.
  7. The site's administrative staff may close, cancel and remove your account if they identify illegal, fraudulent, malicious or detrimental use of your account. You will receive a notice notifying you of the account closure and the steps to follow.
  8. The opening of a new account is prohibited to users who have been cancelled for non-compliance with the Site Policies, reserves the right to cancel alternate or additional accounts that may be created in alternative to a cancellation.
  9. The company reserves the right to cancel any economic transaction or purchase order in process, or pending, arising from alternate accounts to canceled accounts, or from fraudulent use of accounts.
  10. You may not facilitate or encourage non-compliance with the terms and conditions of the Site, including the User Account Policy.

Inactive Accounts

Inactive accounts are for administrative purposes that do not reflect use or movement within 12 months.  However, inactive slopes are not automatically deactivated or canceled at any time.  We recommend the constant use and updating of the account to prevent system changes that are unknown to the user during periods of inactivity.

Deactivate and cancel accounts

The user who wants to deactivate their account, can do so by following the protocol to deactivate, which will be available in the account options.  The information contained in the account, including the access information, will be stored on suspense and the user will be able to access it within 24 months, provided that he/she comes to the alternative of activating the account, within that period, from the deactivation.  After that period the account will be cancelled and the information contained in the account will be deleted from our files.

Accounts that have pending orders cannot be deactivated, or within 90 days of the last order.

User accounts are not automatically deactivated at any time.  However, it will be the user's responsibility to keep the information provided up-to-date, as well as the payment methods and account preferences.

The user's demographic information and email will remain in our files indefinitely, for statistical and promotional purposes, except where the user specifically and via email addressed to the site's administrative staff, request that it be removed.

After a cancellation, the user will not have the alternative to reverse the effects, that is why we recommend that prior to the cancellation of the account, the user deactivates it.

Username and Password

The username of all accounts will be the email they provided for account creation.

Creating a Password or keyword will help us keep your account secure, allowing exclusive access and assisting us in the process of authentication and validation of the information provided.

Here are the Password content rules:

  1. We recommend that you use keys that do not relate to your name, date of birth, social security, address or personal identification numbers, for added security.
  2. We recommend that you change your access key every 6 months, so you keep it up to date and avoid forgetting it.
  3. In the event that you have to program a new key, either because you forgot the previous one or for security reasons, you won't have to use the last two keys you created and you'll need to create a new one according to the same specifications.

 

PRODUCT PACKAGING AND LABEL

The products purchased on our Website, come from our labeled facilities and in optimal packaging conditions.  If you receive a product that is not properly packaged, sealed  or labeled, you should contact our managers immediately and not use it, remove the label or make any alterations to it.

The company reserves all rights to the image and brand of its service and/or products, as applicable.  The rights  to the names, phrases, colors, shapes, dimensions, typography, message on the packaging and labels of the product, where applicable, are reserved.. It also respects, recognizes and reserves rights that do not belong to it, over the trademarks of stolen products. 

 DECEPTIVE PUBLICATIONS AND ADS POLICY

Post misleading advertisements illusory and violators may be fined by the  relevant government entity..   The  “Federal  Trade  Commission”  prohibits  unfair selling, advertisements and illegal sales schemes  by Internet.  In our company we recognize and respect law enforcement regulations, offering information, representations and products, in accordance with our best understanding of the truth.

Our publications enjoy the best degree of fidelity available to us.  We do our best to present our products in a real way and to allow you to perceive details.  However, we are not responsible for any mistakable or differences that might exist between representation and reality.

Our publications may refer to terms used in common industry jargon for the sole purpose of exemplifying or reporting.  In no case should the words used be construed as offensive, degrading, intended to discriminate, segment or offend.  The descriptive words used on this site we should not be considered as warranties.

Our posts  include sending emails with promotional material and images to which the same terms apply.  By accepting  our terms and conditions,  please offer your name and email address,  which you will enrolled in ours  promotional runs.  If you wish to discontinue receipt of information, you must send an email to holyspirituplinefitness@gmail.com.

 INTELLECTUAL PROPERTY RIGHT: The copyright, trademark, patent, licenses, registrations and any other intellectual property rights that exist at the time or arising out of the posting son our website and social networks, including logos, phrases, colors, shapes, written and visual content, among others, will remain under the sole ownership of the Company or persons licensed on it.  The use of our trademark, content and intellectual property is prohibited without the express written consent of the company.  Improper or illegal use, manipulation or misrepresentation of published content is prohibited.  Unauthorized use of the mark may result in unauthorized use billing, damages  and  any other remedies that may be applicable in law.

Our website reserves copyright in images that belong to you and recognizes the rights that authors may have for photos posted on the site.  Photos used for commercial purposes have been duly authorized. Photos where the body of models are reflected in whole or in part, have been hung for the sole purpose of exemplifying the part it models. The company enjoys the corresponding permissions on the use of image, or enjoys rights transferred by its participation in platforms or tools for that purpose..

 NOTIFICATION DMCA “Digital Millennium Copyright Act Notification”

We respect the intellectual property of others.

If you believe that your copyrighted work has been copied in a manner that constitutes an infringement of laws protecting copyright, you must notify our Designated Agent, as provided in the Digital Millennium Copyright Act of 1998 (DMCA).

In order for your claim to be valid under the DMCA, you must provide the following information when you review your notice of copyright infringement:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner. Identification of the protected work on which the claim for rape lies.
  • Identification of the material claimed is being violent or has been violated, and which you wish to remove.
  • Sufficient information to allow the service provider to contact the complaining party. This information must include name, address, telephone number, and if available, the email address.
  • A statement that the complaining party "in good faith believes that the use of the material in the manner that motivates the complaint is not authorized by the copyright owner, its agent, or the law."
  • A statement stating that "the information in the notice is accurate", and that "under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that has been allegedly violated"

The above information must be submitted in writing, via facsimile, or e-mail, addressed to the following Designated Agent:

Attention to: Holy Spirit Upline Fitness

Email: holyspirituplinefitness@gmail.com

WE NOTE THAT UNDER FEDERAL LAW, ANYONE WHO FILES A CLAIM FOR COPYRIGHT VIOLATION, KNOWING THE FALSITY OF ITS GROUNDS, MAY BE SUBJECT TO SERIOUS CIVIL PENALTIES.  THIS INCLUDES MONETARY DAMAGES, COSTS AND ATTORNEY'S FEES INCURRED BY US, ANY AUTHOR RIGHTS OWNER OR OWNER OF A COPYRIGHT LICENSE OR PERMISSION, WHICH BASED ON YOUR FALSEHOOD HAS BEEN INJURED.  IT MAY ALSO BE CRIMINALLY PROSECUTED ON THE PERJURY CHARGE.

This information should not be construed as legal advice.  For additional details on the information required for valid DMCA notifications, see 17 U.S.C. 512 (c) (3).

UNACCEPTABLE USES OF THIS WEBSITE

  • Republic material obtained on our site, without prior express written consent, without proper accreditation or subpoena from the original source.
  • Sell or lease material obtained on our site.
  • Wholesale purchases, for private wholesale or retail resale.
  • Reproduce, duplicate, create derivatives, copy or otherwise exploit the material contained on our website for any purpose, without prior express and written consent.

ACCEPTABLE USE OF THIS WEBSITE

You agree to use our website only for legitimate purposes and in a manner that does not lacerate, infringe, restrict or inhibit the rights or use and enjoyment of this website by others.  Prohibited behavior includes harassing, causing distress or inconvenience to other users, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.

You may not use the content of our website for any marketing-related purpose, without our express written consent.  You may not make use of malicious, negligent or abusive use of our site or its content.

Restricted Access

We reserve the right to restrict access to portions of (or all) of our website in the future, if at any time we provide you with a username and password to access restricted or specialized areas of our website, you must ensure that both are stored and handled under strict confidentiality.  We are not responsible for any third party access to your private account due to mishandling of access information or for unauthorized purchases arising from a duly verified account.

DISCLAIMER

 The company, its owners, shareholders, partners, sponsors and/or affiliates make statements, representations or allegations, but do not give security or guarantees or total guarantees or total of the content of this Website or any of the sites that link to it.

Limit of Responsibility

The materials available on this site are provided "as is".  They have no express or implied warranty of any kind, including warranties of merchant ability, non-infringement of intellectual property or fitness for any particular purpose.  In no event shall the company, its agents or officers be liable for any damages that may arise from the use or inability to use the materials provided and products sold.  These damages include, but are not limited to, damages for loss of profits, business interruption, loss of information, physical damage, health, injury or death.  They will not be liable, even if the company has been informed about the possibility of such damages or losses.

Specific Relay

The company disclaims responsibility for the use that users and customers may give to the content of this Website and the products they may obtain on it.  We relieve our responsibility for:

  • Health, life or death.
  • Use of purchased products.
  • Manufacturing damage.
  • Immediate, long-term, present, recessive, hidden damages, etc.
  • Loss of income, property or property.
  • The effects of our advertising and marketing.
  • Damage to customers, for reasons they understand, relates to the use and enjoyment of our Site and products, as well as damages to third parties.
  • Damages caused to third parties.

 CONSUMER TESTIMONY POLICY

The results and experiences obtained by users and customers may vary from that of users and customers who provided their testimony.  The  satisfaction of each consumer can be based on different variables, such as the level of expectation, personal qualities,  weight, height, measurements,  knowledge, skills and many other factors.  As the factors that impact satisfaction are different for each person, we cannot guarantee results, nor do we in any way be held responsible for the application of the information obtained. 

In accordance with the "Federal Trade Company" guidelines, related to the use of promotion and testimonials in advertising, please note the following:

  • The testimonials that appear on this site are received by text, audio or videos presented by users freely and voluntarily. They are individual experiences that reflect the real-life experiences of consumers who have used our products/services in some way or another, with satisfactory results.
  • Still, they are individual results and may vary. We do not establish that these are typical results that consumers will generally achieve.   These testimonies are not necessarily representative of all those who will use our products/services.
  • Proven testimonials (texts, audios and/or videos) are accurate to how they were expressed, except for corrections of grammatical or spelling errors. Some have been shortened and emphasis has been placed on some areas of the text.  In other words, not all of the message received by the writer of the testimony has been demonstrated, when it seems too long or not all testimony is relevant to the general public.
  • We are not responsible for any opinions or comments posted on our site. We do not stand in solidarity with opinions that may be broadcast in public forums, on general or specific topics.
  • This website contains forum for testimonials, but provides space for testimonials as a means of interaction between our visitors and users, where they can share their experiences with others. To prevent abuse, all testimonials appear after they have been reviewed by the company's administrative staff, or its authorized representative.  We do not share the opinions, views or expressions of any of the testimonials on this site, and are strictly the view of critics, users, visitors and followers.

 EXTERNAL LINKS

This website may contain external links to many other websites. We do not guarantee the certainty of information obtained on linked sites.  These links to or from external websites not controlled by us do not constitute an endorsement of our company or any of its employees, to the sponsors of those sites or the products or information presented therein.

 EMAIL POLICY

 We prohibit the use of our website and/or services in any way associated with the transmission, distribution or delivery of any type of "Spam".  The term "Spam" means any unsolicited, unwanted, or mass mailing email.  You may not use any of our services for sending "Spam".  The distribution, issuance, or launch of "Spam" and causing or urging the conditions that cause the sending of "Spam" to all our customers are prohibited.

 Pursuant to the "CAN-SPAM Act" of 2003,  15 U.S.C. 7701, et seq., (Public Law No. 108-187, initially S.877 of the 108th Congress of the United States), emails sent as much as the favor of their sending, through or to our website of their services, may not:

  • Use or contain invalid or forged headers;
  • Use or contain invalid or non-existent domain names;
  • Use any technique that in any way stores or encourages misunderstanding, hide or obscure any information aimed at identifying the point of origin or transmission path;
  • Use other misleading means of directing (or addressing);
  • Use the domain name of third parties, or transmit to or through the team of third parties without your permission;
  • Contain both false or misleading information, as well as information that tends to create confusion, that leads to falsehood or deception, whether in the space provided for the title or in its content;
  • Refuse to comply with the additional technical standards described below;
  • In any other way to violate our Terms of Use.

 We do not authorize the exploitation, investigation or collection of email addresses or other information, from or through your website or services.

 We do not allow or authorize others to use our services to collect, group, compile, collect, collect or obtain any information related to your customers or subscribers, including but not limited to subscribers' email addresses.

 We do not allow or authorize any attempt to use that  in any way that could cause disablement, overload, damage or damage to any aspect of all services, or that could interfere with the use and enjoyment enjoyed by other interested parties in connection with our services.

 If we believe or have reason to believe that any service is being misused or unauthorized, it is entitled to, without notice and in its sole discretion, to take the necessary and appropriate actions, including blocking messages from a particular internet domain, mail server or IP address.  We will terminate or terminate any account on any type of service when you determine, in its sole discretion, that you are transmitting or otherwise connected to any email that violates this Policy.

 Nothing in this Policy is an attempt to obtain rights to transmit or send emails to, or through, the Services or the Website.  Failure to enforce this policy in one or all of its instances and meanings does not match a waiver or waiver of the company's rights.

 Unauthorized use of any of the company's services in connection with the transmission of unsolicited emails, including the transmission of these in violation of this Policy, could result in civil, criminal or administrative liability and/or penalties against the person who sent them and those who assist or act in common agreement.

 Violators of the "C-SPAM Act" will be subject to the remedies available to achieve termination and desist orders, or penalties imposed by the FTC (Federal Trade Commission) of up to $11,000 for each violation.  Criminal prosecution is also possible in cases of heinous offenses, which could result in penalties such as fines, profit and equipment confiscation.  The most serious offenses may be subject to imprisonment.

 We are committed to keeping your email address confidential.   We do not sell or lease our list of subscribers to third parties, and we do not provide your personal information to third parties, government agencies or companies at any time, except as required by law.

We will use your email address only to provide timely information about our company.

We will keep the information you send us via email, in accordance with applicable federal laws.

In accordance with the "CAN-SPAM Act", any email sent from our organization will clearly show the issuer of origin of the mail and how to contact you.  In addition, all emails will contain concise information on how to voluntarily remove yourself from the contact list and thus not receive our future communications.

Opting not to receive it

Our site provides users with the opportunity to opt out of receiving communications that we send or those sent by our partners by reading the unsubscribe instructions.  They are located at the end of all our emails, at any time. Users who do not wish to continue receiving our news or promotional material have the "option not to receive" these communications by clicking on the link provided to remove the subscription in the email, or by sending us an email for that purpose to holyspirituplinefitness@gmail.com.

 FINAL PROVISIONS

Violation of any of the provisions contained in our Policies will result in prohibiting user access and any other action deemed necessary.  Violation of some of our Policies may grant our company legal, civil or criminal action, in which case the parties will submit to the jurisdiction of State of New York, in matters other than occupied field, and to the Federal jurisdiction of State of New York, of Monroe County, in those matters other than the occupied field, and to the Federal jurisdiction of State of New York of Monroe County, in those matters that are not occupied field, and to the Federal jurisdiction of State of New York, of Monroe County, in those matters other than occupied field, and to the Federal jurisdiction State of New York, Monroe County, in those matters other than occupied field, and to the Federal jurisdiction of State of New York, Monroe County in those matters other than the occupied field, and to the Federal jurisdiction of State of New York, Monroe County,  in those that are.

We reserve the right to make any changes, at any time, to this policy, without notice.  Any change will be notified to visitors, users and customers, being effective as of the date of its publication, unless the amendment contains any provision to the contrary.  If at any time any provision of these Policies is declared void or inoperative by a Court,  the others shall remain in effect.