Terms of Use
Latest version: October 17, 2024
This website www.established.inc (hereinafter the “ Site”) is owned and operated by Talisman Brands, Inc. d/b/a established., a company incorporated under the laws of Delaware, United States of America having its registered offices at 1013 Centre Road, Suite 403-B, City of Wilmington, County of New Castle, State of Delaware 19805, United States of America and having its offices at 2001 Kirby Drive, Suite 1002, Houston, TX 77019, United States of America (hereinafter “established.”).
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. The Site is offered to you (“Visitor”) conditioned on your acceptance without modification of these general terms and conditions of use (the “Terms of Use”). By accessing or using this Site, you acknowledge that you have read, understand and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use this Site.
The Site is a showcase site intended to present the company Talisman Brands, Inc. d/b/a established., its brands, its services, and its leadership, to inform Visitors about current or future events, and to allow Visitors to contact us via a contact form.
The Site does not constitute an ecommerce site and does not offer any associated functionality that directly or indirectly allows the sale of product(s) on the Site.
See the Legal Notice.
Article No. 1: Definitions
Capitalized terms in this document have the following meanings:
| Term | Definition |
|---|---|
| established. | designates Talisman Brands, Inc. d/b/a established. as identified in the preamble. |
| Terms of Use | means these terms and conditions of use of the Site. |
| Contents | refers to any element, data, application, software, interface, database, work or component of any kind such as text, visuals, images, sounds, videos, photos, illustrations, drawings, icons, creations computer graphics or infographic, audio and / or video animations of the Site. |
| Intellectual Property Rights | means all copyrights, trademarks, trademark applications, trade secrets, patents and patent applications, registered designs, mask work rights, domain names and other intellectual property rights recognized in any jurisdiction worldwide, whether filed or unfiled, registered or unregistered and including all applications and registrations with respect thereto. |
| Confidential Information | refers to all information and / or data of any nature (including technical, commercial, legal, strategic or financial), presented as confidential at the time of their communication by a Party and transmitted via the Site to the other Party. |
| Parties | designates established. and the Visitor. |
| Country | refers to the countries in which established. is doing business. |
| Providers | refers to the third-party provider(s) for the development, hosting and / or maintenance of the Site. |
| Site | refers to this website accessible at www.established.inc |
| Visitor(s) | refers to the persons who consult and / or use the Site and its services. |
Article No. 2: Object of Terms of Use
The purpose of these Terms of Use is to define the terms and conditions under which established. makes available to any Visitor, the Site, the Contents, as well as the related services. The Terms of Use apply to any and all Visitors. Continued navigation by the Visitor on the Site implies acceptance of these Terms of Use.
established. reserves the right to update and change the Terms of Use at any time, without notice. If a material change is made, a notification will be posted on the Site. Visitor should read through any changes and, if Visitor doesn’t agree with such changes, Visitor should stop using the Site immediately. Any new version of the Terms of Use will not apply retroactively. Visitor’s continued use of the Site entails acceptance of the new version of the Terms of Use. Accordingly, established. urges Visitor to review the Terms of Use at the start of each use of this Site.
established. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Content (or any part thereof) with or without notice. Visitor agrees that established. will not be liable to Visitor or to any third party for any modification, suspension or discontinuance of the Site and/or Content. Additionally, established. may terminate these Terms of Use at any time, without notice to Visitor, if established. believes, in its sole discretion, that Visitor has breached or may breach any term or condition of these Terms of Use or established. may terminate these Terms of Use for its convenience. Visitor may terminate these Terms of Use at any time by destroying all materials received from the Site and ceasing to use the Site.
Article No. 3: Functionalities
The Site does not offer products for sale and does not include or offer e-commerce activity.
The Site offers access to Content and services in the following categories, subject to change:
• Presentation of the established. business and its news; and
• Presentation of the brands owned by established; and
• The contact form.
established. may offer Visitors access to other services posted on other websites and / or platforms. Visitors who continue to browse these websites and / or platforms are informed that these services are not covered by the Terms of Use and obey the distinct contractual conditions of their publisher.
Article No. 3.1: Established Business and Its News
The Site offers information on the brands owned by established. The use of any advertisements, posters and any other presentations related to established.’s activity is subject to the conditions indicated in the article “Intellectual Property” herein.
The Site also provides more general information about established. business, which may be freely accessed by any Visitor. This Content does not vary according to Visitor and relates to the universe of the brands owned by established. They may include group announcements, as well as information related to established.’s events.
As part of these services, established. may publish press releases and press contacts on the Site.
Article No. 4: Access to and Use of The Site
The Site may be freely accessed through a computer, mobile phone, tablet, console or other technology (hereafter referred to as a “Device”). Visitor’s normal rates and fees apply to such access and Device.
Visitor is not required to register or create an account to access the Site.
Article No. 4.1. Minimum Configurations
In order to benefit from the full functionalities of the Site, Visitor is advised to use one of the following browsers:
• Internet Explorer versions greater than 11.0;
• Microsoft Internet Edge version greater than 12.0;
• Mozilla Firefox versions greater than 30.0;
• Apple Safari versions greater than 6.0;
• Google Chrome versions greater than 28.0.1500;
• Android Browser version greater than 4.0; or
• Opera versions greater than 34.0.
Visitors is responsible for ensuring that he has the hardware, software, interoperability programs, configurations and other elements allowing him to connect to the Internet and access the Site.
Article No. 4.2: Links to Other Sites
From time to time, the Site may link to third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). These links are based on the relevance of the content offered by these sites, at the time the links were created. Visitor may be able to connect with the Third Parties through the Site. Any Visitor who chooses to connect to Third Parties is informed that these Third Parties are not covered by these Terms of Use and that established. is not responsible for the content, policies, or activities of such Third Parties. established. does not endorse any Third Party site. Visitor interacts with Third Partis at his own risk and should carefully review any terms of use and privacy policy of such Third Party’s sites.
These Third Parties, which are independent from established., may change without notice and established. cannot guarantee the durability of the content accessed by these links over time.
Consequently, established. cannot be held liable for the content accessible on the links and declines all editorial responsibility in this respect. Any Visitor connecting to a Third Party through a link on the Site which leads to content that appears outdated or inappropriate is encouraged to report it via the contact page. established. assumes no responsibility for the information published on Third Parties sites and the hypertext links provided do not imply any guarantee regarding the content of these sites.
Likewise, established. is not liable for any processing of the Visitor’s personal data by a Third Party site, to which Visitor has connected through the “share” functionality of the Site. If a Visitor uses the “share” functionality, the Content shared must not be published alongside any false, discriminating or disparaging information.
Article No. 4.3: Availability of the Site—Disclaimer
established. endeavors to maintain the Site and its operation, but is not, and cannot be, liable for the results of any defects that may exist in the Site or its operation. Consequently, established. cannot guarantee permanent accessibility to the Site and cannot be held responsible for any slowdowns or downtime. Visitor shall be informed of any access interruptions that may result from technical hazards and applicable maintenance periods.
Visitors is aware of the technical characteristics and the risks related to loading times, viewing or other transactions carried out over the Internet, and resulting from the nature of the network and lack of knowledge of the recipient’s Internet speed, of the path taken by the data or of the rate of bandwidth availability. Visitors further acknowledge the potential for security and data privacy breaches with respect to content sent and received over the Internet.
Visitor (and not established.) assumes the entire cost of all servicing, repair, or correction that may be necessary to Visitor’s Device as a result of any viruses, errors or any other problems whatsoever Visitor may have as a result of visiting the Site.
Article No. 5: Privacy
In general, Visitors may visit the Site without having to provide information or personal data. However, in the case of the function “Contact”, the Visitor must provide information that can be qualified as personal data, such as the email address. The terms and conditions of established.’s privacy policy (the “Privacy Policy”) are then applicable, in particular for the exercise by the Visitors of their rights.
For more information, see the Privacy Policy
The collection and sharing of personal data that may result from the use of the sharing feature is governed by the privacy policy and practices of each social network provider. established. does not collect or process any data through the use of this functionality, and no longer has control over the functionality once the Visitor has identified itself on the social network (s) to proceed with the sharing.
established. and its partners use cookies on the Site to facilitate the Visitors’ navigation and to analyze the use of the Site by the Visitors. The information related to the cookies can be accessed through the following link: Cookie Management
Article No. 6: Intellectual Property
Article No. 6.1.: Content of the Site
The Site and any Content made available through the Site by established. are provided “as is,” “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, established. and its affiliates disclaim any and all warranties, express or implied, arising by statute, custom, course of dealing, course of performance or in any other way, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, regarding the Site and its Content. established. does not warrant or make any representations regarding the use of the Content in terms of its correctness, accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of development occurring after their respective dates. established. undertakes no obligation to verify or maintain the accuracy or completeness of such information. established. does not warrant or make any representations that the Site will operate securely or without interruption or error or that the Site, its servers, or any transmission from established. through the Site will be free from any harmful components (including viruses). Some jurisdictions do not allow limitations or exclusions on liability, legal warranties and remedies, so the above limitations may not apply to Visitor.
Any Visitor who notices an error is invited to report it to established. via the “Report a page” page.
See the Report a Page
Article No. 6.2.: Ownership of the Content
All the Content is owned by established. and protected by Intellectual Property Rights. These Terms of Use may not be construed as assigning or transferring any Intellectual Property Rights to the Visitor or any third party and Visitor does not acquire a license or ownership on any Intellectual Property Right by accessing or using the Site.
The Visitor agrees:
• not to do anything that may infringe established.’s Intellectual Property Rights; and
• not to challenge any of these Intellectual Property Rights in any way.
Article No. 6.3: Limitation of Use
With respect to the use by the Visitor of the Site, of the Content and the Services offered on the Site, established. grants Visitor a personal, non-exclusive, and non-transferable right to access the Site, to navigate the Site and use the services offered on the Site in strict compliance with the Terms of Use, for the duration of his visit. Visitor undertakes to use the Site and the Content in a manner consistent with their destination. established. reserves the right to monitor Visitor’s use of the Site, the Content and/or the Services and to revoke Visitor’s right to access the Site, to navigate the Site and use the services offered on the Site at any time and for any reason.
Visitor is granted a personal, non-exclusive, free-of-charge, non-assignable and non-transferable right to download and use the Content, for strictly personal, non-commercial purposes, excluding any transmission of such element(s) to any third party, within the country of download, in the format in which they are downloaded, in a private setting and limited to the family circle, for the duration of the Intellectual Property Rights applicable to such element(s). This grant of permission is not a transfer of title, and under this permission Visitor may not: use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright, or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
Visitor is solely liable for the use made of these elements and Visitor acknowledges and expressly accepts the risks, excluding any correction, update or new version. Visitor undertakes not to modify the downloaded elements and to refrain from decompiling or proceeding to a reverse engineering of the installation drivers, except any mention to the contrary, written and express.
Visitor cannot transfer these elements and/or the right thus granted to him to third parties. Any other use is expressly prohibited, especially in application of the limitations of use of this article 6.
Notwithstanding the specific usage rights granted to Visitor by established. in connection with the Site and the Content, Visitor agrees not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content without established.’s consent. Unauthorized use of the Content may constitute a breach of Intellectual Property Rights and may subject Visitor to criminal or civil charges and penalties.
With respect, more particularly, to the trademarks, logos, visuals and other distinctive signs present on the Site, whether they belong to established. to its partners or to the Licensees, Visitor is prohibited from using, to reproducing, altering, redistributing, disseminating or otherwise making them available to the public, or from associating other products or services thereto.
Visitor is prohibited from making any temporary or permanent reproduction of all or part of the Site, by any means whatsoever. In addition, any dissemination, distribution, direct or indirect transfer of all or part of the Site to the benefit of a third party or the public, whether it is made free of charge or in return for payment, as well as any translation, adaptation, arrangement or modification of the Site is prohibited, in particular with a view to creating a similar service. Similarly, the extraction or reuse of a qualitatively or quantitatively substantial part of the databases used by the Site is prohibited
Article No. 7: Indemnification/Limitation of Liability
Article No. 7.1: Indemnification
Visitor undertakes not to make any use of the Site and/ or the Content which is contrary to the applicable law, nor to contribute to any such use.
Visitor agrees to indemnify, defend, and hold harmless established., its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from or relating in any way to Visitor’s use of the Site (including negligent or wrongful conduct) and/or Content, or any violation of these Terms of Use or of any law or the rights of any third party.
Article No. 7.2: Limitation of Liability
To the maximum extent allowed by applicable law, established. will not be held liable for any direct, special, indirect, incidental or consequential damages of the Visitor and / or any third party, including without limitation, for any loss of data, loss of opportunity, loss of profit, cost increase, action or claim initiated by a third party, absence or insufficient response to a commercial prospection, without such list being limitative. Subject to applicable regulatory provisions, and in the absence of gross, willful or intentional misconduct of established., established.’s liability, for all causes, is limited to an amount of 100 US $ or 100 euros if Visitor is domiciled in Europe.
If any part of this limitation of lability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed 100 US$ or 100 euros if Visitor is domiciled in Europe.
Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to Visitor. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. A Visitor’s statutory rights as a consumer, if any, are not affected by these provisions, and established. does not seek to exclude or limit liability for fraudulent misrepresentation.
established. is not an official body or a public law person. For any administrative information relating to established. business or licensed products under the brands owned by established., Visitors are invited to refer exclusively to the information given on the official websites of the public administrations concerned.
established. reserves the right to discontinue access to the Site and / or to remove the disputed content of its servers or those of its Providers, without notice or compensation to the Visitors, notwithstanding the option for established. to continue the compensation for its possible damages.
Article No. 8: Confidentiality
The consultation of the Site is not covered by an obligation of confidentiality, but the possible exchanges with the established. teams, in particular following the use of the contact page, can constitute Confidential Information.
In this event, each of the Parties undertakes to– (i) keep confidential all Confidential Information it receives from the other Party, and in particular– (ii) not to divulge the Confidential Information of the other Party to any third party, other than the persons needing to know them for the execution of these Terms of Use; and –(iii) use the Confidential Information of the other Party only for the purpose of exercising its rights and fulfilling its obligations under these Terms of Use.
The obligations of the Parties with respect to Confidential Information shall remain in effect during the entire period of consultation of the Site and as long after its completion, that the information concerned shall remain confidential to the Party disclosing it.
established. is committed to ensuring compliance by its subcontractors with the security and confidentiality conditions of the Confidential Information hosted and ensures the implementation of physical and logical security measures, and necessary access restrictions, as part of an obligation of means.
For purposes of clarification, feedback shall not constitute Confidential Information. Any Feedback provided to established. through the Site will be and remain established.’s exclusive property. Visitor’s submission of feedback will constitute an assignment to established. of all worldwide rights, title and interests in the feedback, including all copyrights and other intellectual property rights in the feedback. established. will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any feedback submitted for any purpose whatsoever, without restriction and without compensating Visitor in any way. For this reason, established. asks that Visitor not send or submit any Feedback that Visitor does not wish to assign to established..
Article No. 9: Miscellaneous
Article No. 9.1: Cases of Force Majeure
In case of force majeure, the obligations of established. relating to the Site will be suspended during the duration of the event. A force majeure event is an event which is beyond the reasonable control of established., could not reasonably be anticipated by established. and which effects cannot be avoided by appropriate measures. Such events include, but are not limited to natural disasters, fire, weather, war, civil war, terrorism, labor strike, the continuing inoperability of the Internet or more than thirty (30) days, fraudulent introduction on the computer system and / or breach of established.’s data.
Article No. 9.2.: Other
The Terms of Use express the entirety of the obligations and the agreement between the Parties and replace all other agreements, written or oral, concerning their object.
In case of nullity of a stipulation of the Terms of Use, the other stipulations will remain in force. The Parties will then agree to adopt a new stipulation that will replace the relevant provision.
The fact that one of the Parties does not require the application of any clause of the Terms of Use can in no way be considered as a waiver of the rights it holds in the Terms of Use.
established. reserves the right to assign all or part of its obligations to any third party of its choice. In addition, the Terms of Use do not include any exclusivity, established. remains free to make any service of established. available to any third party, directly or indirectly, without restriction.
established. elects domicile at the address of its offices in these Terms of Use.
Article No. 10: Applicable Law
Visitor agrees that the Site is a passive platform solely based in the United States of America which does not give rise to any personal jurisdiction over established. in jurisdictions other than the courts of the State of Delaware, United States of America.
Visitor agrees that the Site, Terms of Use, Privacy Policy and any dispute between Visitor and established. shall be governed in all respects by the laws of the State of Delaware, United States of America without regard to the choice of law provisions.
Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, Visitor agrees that all disputes and claims directly or indirectly arising out of or relating to the Site shall be resolved individually by means of a conciliation between the Parties. Should the attempt to conciliation fail, any legal proceedings shall be resolved individually, without resort to any form of class action, and exclusively in the Courts of the State of Delaware, United States of America, even in case of call for warranty.