Terms and Conditions - onmictlan.com

Welcome to Onmictlan ™. By accessing and using our website onmictlan.com and related services, you agree to comply with these Terms and Conditions. These terms regulate the use of our products, services, digital platforms, and content, ensuring the protection of your rights under applicable privacy and personal data protection laws, including international standards such as the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and México Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP).

Interpretation and Definitions

2.1 Interpretation

Capitalized terms used herein shall have specific meanings as defined in this section, applicable in singular, plural, and any gender.
If any provision of these Terms is deemed invalid, illegal, or unenforceable, such provision shall be severed without affecting the validity of the remaining provisions.
These Terms shall be interpreted in good faith, transparency, legality, and proportionality, aligned with national and international regulations regarding data protection and user rights.

2.2 Definitions

For these Terms:

Account: Profile created for the User to access products, services, or functionalities.
Onmictlan™, the Company, we, us, our: The entity responsible for the Website, owned by Kevin E.C.G. (pseudonym: Räfthkan™).
Cookies: Files stored on the User’s device for preferences and analytics data.
Personal Data: Identifiable information relating to a natural person.
Device: Apparatus used to access the Services (computer, mobile, tablet).
Applicable Data Protection Law: Current regulations such as GDPR, CCPA, LFPDPPP, and COPPA.
Service: Products, content, and functionalities offered by Onmictlan™.
Website: Digital portal located at onmictlan.com.
Third Parties or External Providers: Independent entities collaborating with Onmictlan™.
User, Visitor, Customer, You: Person accessing or using the Website or Services.
Consent: Free, specific, and informed authorization for the processing of personal data.
Data Processing: Operations performed on personal data.

Acceptance of Terms and Conditions

By accessing, browsing, or using the official Onmictlan™ website (including all its pages, subdomains, social media, and associated services), you represent and warrant that you have read, understood, and fully accepted these Terms and Conditions, as well as our Privacy Policy and any other applicable legal documents.
If you do not agree with any part of these Terms, you must refrain from accessing or using the site, its content, or services.
Continued use of Onmictlan™ constitutes your express and voluntary acceptance of the terms herein, including any future modifications. Such changes shall take effect immediately upon posting on this site unless otherwise stated.
If you use this site on behalf of a company, organization, or entity, you represent that you have the legal authority to bind that entity to these Terms and Conditions, and “you” shall include that entity and all its representatives.

3.1 Privacy Policy

The processing of your Personal Data will be carried out in accordance with our Privacy Policy, which sets forth the terms and conditions under which Onmictlan™ collects, uses, protects, and discloses your personal information. We invite you to review our complete Privacy Policy to learn about your rights and how we protect them. Use of our site implies your acceptance and consent to the handling of your data under that policy.
We recommend periodically reviewing these Terms and our Privacy Policy to stay informed of possible updates.

User Registration and Age

Onmictlan ™ uses registration systems that require third-party email accounts (such as Google, Outlook, among others), whose terms prohibit use by minors. Therefore, it is assumed that every registered user is of legal age or has the legal authorization of their guardian.
Although some products may be used by children, the site is not specifically directed to minors. Supervision of minors’ access and use is the sole responsibility of parents or legal guardians.

Intellectual Property

All original works created and published under the Onmictlan™, Räfthkan™, or Kevin E.C.G. brands, including but not limited to comics, graphic novels, animations, films, illustrations, concept art, characters, scripts, music, designs, digital products, and any other visual, auditory, or audiovisual content, are the exclusive intellectual property of their owner.
Reproduction, modification, distribution, public display, transmission, sale, licensing, rental, or any other form of use or exploitation, in whole or in part, without prior written authorization from the rights holder, is strictly prohibited.
Onmictlan™ reserves the right to initiate legal actions against any unauthorized use, as well as to suspend or cancel accounts, orders, or access to associated platforms in case of infringement.
If a violation of intellectual property rights is detected, the owner may seek an amicable resolution; however, if no agreement is reached, action will be taken in accordance with applicable laws both in the infringer’s country and internationally, including intellectual property treaties and agreements.
Onmictlan™, Räfthkan™, and related names, logos, emblems, slogans, and trademarks are registered trademarks or exclusive property of Kevin E.C.G. and Onmictlan™. Unauthorized use is prohibited and may result in legal action. Use, reproduction, or exploitation of these marks without prior written consent is forbidden. Legal protection covers both national and international territories under applicable treaties and agreements.

Modification and Suspension of Services Clausese

Onmictlan™ reserves the right to modify, update, temporarily or permanently suspend, limit, or discontinue, in whole or in part, access to and use of the Website, products, services, and any related content at any time without prior notice.
Such modifications may include changes to functionality, features, content availability, prices, commercial terms, or any other aspect related to the services offered.
The User acknowledges and agrees that Onmictlan™ shall not be liable for any damages, losses, inconveniences, or harm that may arise directly or indirectly from such modifications, suspensions, or discontinuations.
Furthermore, Onmictlan™ may restrict or cancel access of any User who breaches these Terms and Conditions or engages in activities that may affect the integrity, security, or operation of the Website and its services.
Users are responsible for staying informed about current terms and possible modifications, and it is recommended to review this document periodically.

6.1 Account Suspension and Cancellation

Onmictlan™ reserves the right to temporarily suspend or permanently cancel User accounts that violate these Terms and Conditions, commit fraudulent activities, infringe third-party rights, or compromise the security or integrity of the Website and its services. Suspension or cancellation may be executed without prior notice when warranted. In cases of suspension, Users may be notified and may request reconsideration. Onmictlan™ assumes no liability for losses arising from account suspension or cancellation.

Specific License for Digital Products

All digital products offered by Onmictlan™ (including but not limited to brushes, graphic resources, textures, templates, downloadable files, and reference material) are provided under a non-exclusive, non-transferable, and revocable license.
Users are entitled to use them solely for creating final works, whether for personal or commercial purposes, provided such works do not involve direct resale of the original digital product or a substantially similar version.
Strictly prohibited are:

Reselling, sublicensing, redistributing, or sharing digital files individually or as part of other resource packages.
Reproducing digital products in a manner that allows third parties to access them as if they were the original files.
Using them as a base to create other digital products for resale.
Violation of these conditions may result in immediate suspension or cancellation of the user’s account and legal actions to protect Onmictlan™’ intellectual property rights.

Protection of Minors

Onmictlan™ is committed to protecting the privacy and safety of minors interacting with its services. We do not intentionally collect personal information from children under the age of 13, nor do we knowingly permit the use of our services without verifiable parental or guardian consent, in compliance with COPPA and other applicable laws.
If a parent or guardian believes that personal information of a minor has been collected without authorization, they may request deletion of such data by sending an email to contact@onmictlan.com with the subject “Minor Data Deletion” and attaching relevant proof. Requests not meeting these requirements will not be considered.
Onmictlan™ will respond to such requests within a maximum of 30 business days. Failure to respond or resolve may result in the requester pursuing legal action.
Supervision of internet and device usage by minors is the sole responsibility of their parents or legal guardians.

Disclaimer of Liability for Third-Party Infringements and User-Generated Content (UGC) and Granted License

9.1 Disclaimer of Liability for Third-Party Infringements

All content posted by users on the Onmictlan™ website—including but not limited to comments, images, illustrations, fan art, audiovisual material, and any other type of work—is the sole responsibility of the user posting it.
The user guarantees that they hold the necessary rights over the content they share and that such content does not infringe copyrights, trademarks, patents, trade secrets, or other intellectual or industrial property rights of third parties.
Onmictlan™ shall not be liable under any circumstances for legal infringements or claims arising from user-posted content. Should a third party file a claim, demand, or legal proceeding related to user content, the user shall assume all resulting legal and economic responsibility, holding Onmictlan ™ harmless from any costs, expenses, damages, or sanctions.
Onmictlan ™ reserves the right to remove, without prior notice, any content it deems inappropriate, illegal, or infringing third-party rights, as well as to suspend or cancel the accounts of users who repeatedly engage in such conduct.

9.2 Account Suspension and Cancellation

By posting or sharing any content—including texts, images, illustrations, videos, comments, or any other material—on Onmictlan™ platforms, the User warrants that they possess the necessary rights to do so. Furthermore, the User grants Onmictlan™ a limited, non-exclusive, royalty-free, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content within its platforms and related promotional materials, always respecting User attribution and rights. Onmictlan™ may remove any content it considers inappropriate or infringing without prior notice.

Integration with Payment Platforms

Transactions made on Onmictlan™ are exclusively processed by secure third-party platforms such as Stripe and PayPal, which utilize advanced SSL/TLS encryption protocols to protect financial information during data transmission. Onmictlan™ does not store or directly process complete credit or debit card data, thereby ensuring maximum security for its users.
We recommend that users review the privacy policies and terms of use of these platforms to stay informed about their data protection and handling procedures.

User Responsibility

The User agrees to provide truthful, complete, and up-to-date information when registering or making purchases on the site. It is the User’s responsibility to maintain the confidentiality of their access credentials, including passwords and authentication data. If any unauthorized or suspicious use of their account is detected, the User must immediately notify Onmictlan™ so that appropriate measures can be taken.

Limitation of Liability

Onmictlan™ does not guarantee uninterrupted, error-free, virus-free, or technical failure-free access to the website, products, services, or content. We shall not be liable for direct, indirect, incidental, consequential, or special damages arising from the use or inability to use our services, except where applicable law provides otherwise.
The User assumes responsibility for using Onmictlan™ services in compliance with applicable laws and regulations and understands that any misuse will be their sole responsibility.

Political and Religious Neutrality

Onmictlan™ maintains an absolute position of neutrality regarding any political ideology, religious belief, or social stance.
We do not endorse, promote, or associate with political parties, ideological movements, religious groups, or specific social agendas.
Any political, religious, or social interpretation attributed to the content, products, or services of Onmictlan™ shall be the sole responsibility of the User and shall not, under any circumstances, reflect an official stance of the company or its founder.
Furthermore, Onmictlan™ reserves the right to moderate, restrict, or remove any user-generated content on its official platforms that is considered proselytizing, offensive, discriminatory, or contrary to this neutrality policy.

International Shipping and Jurisdiction

International shipping of physical products is managed exclusively by external providers. Onmictlan™ is not responsible for delays, customs duties, tariffs, legal restrictions, or any other procedures required in the destination country.
The buyer is responsible for complying with all laws and legal obligations related to importing and receiving products in their country.
Any disputes arising from international purchases shall be governed by Mexican law and submitted to competent courts in México, unless applicable law provides otherwise.

Applicable Laws and Jurisdiction

These Terms and Conditions are governed by and interpreted under the laws of Mexico, particularly the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP).
Onmictlan™ complies with relevant international standards, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
Any controversy, claim, or legal dispute arising from the use of the site, products, or services will be resolved before competent Mexican courts, except when the law dictates otherwise.

International Best Practices Clauses

All original content published and distributed by Onmictlan™, including comics, illustrations, digital resources, and audiovisual material, is protected by internationally recognized copyrights and intellectual property rights.
Use, reproduction, distribution, modification, transformation, or commercial exploitation of such content without express written authorization from the rights holder is strictly prohibited.
Use of Onmictlan™ content to train artificial intelligence models, create NFTs, or other digital products is prohibited without a specific authorized license.
Onmictlan™ reserves the right to initiate appropriate legal actions in case of misuse, including claims, lawsuits, and legal proceedings to protect its intellectual property rights.

Donations and Returns

Donations made to Onmictlan™ are completely voluntary, non-obligatory, and non-refundable under any circumstances, including but not limited to: change of mind, regret, incorrect amount, lack of use of donated funds, or unmet expectations. By making a donation, the User acknowledges that these contributions do not constitute a purchase of goods or services and do not grant rights over intellectual property, equity participation, economic benefits, or creative or commercial decision-making within Onmictlan™, unless there is a written and explicit agreement signed by both parties.
Regarding physical products shipped directly by Onmictlan™ (e.g., printed comics or official merchandise), returns will only be accepted in case of verifiable manufacturing defects. To be valid, the customer must notify the issue within 7 (seven) business days after receiving the order by sending an email to the official address indicated on the website, with the subject:

“Return due to manufacturing defect in comic [comic name]”

and attach clear and detailed photographs evidencing the defect.
Returns will not be accepted for damages caused by misuse, natural wear, improper handling, or inadequate storage conditions. Onmictlan™ reserves the right to reject any request that does not meet the established requirements or evidences misuse of the product.
Physical products managed, printed, or shipped by external providers (including print-on-demand services) are subject exclusively to the return and warranty policies of those providers. Onmictlan™ assumes no responsibility for management, timing, decisions, or refunds resulting from these processes and does not guarantee specific outcomes in third-party claims.

Applicable Law and Jurisdiction

The Onmictlan™ website is operated from Mexico and regulated by Mexican laws in force.
Onmictlan™ complies with relevant international data protection and privacy regulations such as the European Union’s General Data Protection Regulation (GDPR) and other applicable laws.
Any controversy, litigation, or claim related to the use of the site, products, or services shall be exclusively subject to the jurisdiction of the competent courts in MéxicoCity, México, unless applicable law expressly provides otherwise.

Alternative Dispute Resolution

Onmictlan™ will promote the amicable resolution of any conflict or dispute that may arise with users through direct and good-faith negotiation.
If a satisfactory agreement is not reached within a maximum of 30 (thirty) calendar days from the notification of the dispute, the parties may resort to alternative dispute resolution mechanisms, such as mediation or arbitration, in accordance with applicable law.
This clause does not limit the right of the parties to request precautionary or provisional measures before competent courts to protect their rights while the dispute is resolved.

Force Majeure Clause and Limited Liability Regarding External Providers

Onmictlan™ shall not be liable for failures, delays, or service interruptions caused by reasons beyond its reasonable control, including but not limited to natural disasters, pandemics, labor conflicts, government actions, technical or logistical failures.
Production, printing, and shipping services of physical products are managed by external providers such as Printful or other third parties. Therefore, Onmictlan™ is not responsible for delays, errors, losses, or damages caused by these providers.
The customer acknowledges and agrees that they may not claim compensation, reimbursement, or damages from Onmictlan™ for situations beyond its control, such as customs delays, transportation issues, or internal policies of providers. However, Onmictlan™ commits to cooperating to facilitate communication and resolution of incidents as much as possible.

Shipping and Additional Costs

Onmictlan™ informs its users that all national and international shipments of physical products are managed exclusively by external specialized providers and third parties.
The costs indicated during the purchase process correspond to standard transportation and shipping fees, calculated based on the destination and the type of service contracted.
The buyer acknowledges and agrees to be solely responsible for covering any taxes, duties, customs fees, additional charges, tariffs, or any other extra costs applicable in the destination country, according to local and international regulations in force.
Onmictlan™ assumes no responsibility for delays, damages, losses, misplacements, or any other inconvenience occurring during the transportation, handling, or delivery process of the products, including those caused by reasons beyond our reasonable control.
In case of returns, claims, or incidents related to products managed by external providers, Onmictlan™ will provide reasonable assistance to facilitate communication with such providers; however, it does not guarantee specific results, refunds, or compensations.
Buyers are advised to inform themselves beforehand about customs regulations, import restrictions, and applicable charges before making a purchase on the website.

Anti-Fraud Protection

To ensure security and trust in transactions made through onmictlan.com and its associated platforms, Onmictlan™ implements various technical, administrative, and operational measures aimed at detecting, preventing, and mitigating possible fraud.
These measures include, but are not limited to: constant monitoring of suspicious activities, robust authentication systems, rigorous payment method validation, and temporary or permanent blocking of accounts, orders, or users exhibiting fraudulent or irregular behavior.
Onmictlan™ reserves the right to cancel, reject, or suspend any order, account, or transaction deemed suspicious, as well as to report to competent authorities for investigation and prosecution of illicit activities.
Users are responsible for maintaining the confidentiality of their access credentials and payment methods and must immediately notify Onmictlan™ of any unauthorized use, breach, or suspected fraud related to their account or personal information.
Onmictlan™ shall not be held liable for losses, damages, or expenses resulting from fraud committed by third parties, nor for negligence, carelessness, or lack of diligence by the user in protecting their personal data or credentials.

Purchases Made by Minors or Unauthorized Third Parties

Onmictlan™ assumes all purchases are made by users of legal age or by persons with proper authorization from guardians or legal representatives.
If a purchase is detected to be made by a minor or unauthorized third party, Onmictlan™ will not recognize refund, cancellation, or return requests based solely on this circumstance.

Resolution period for minors:

In cases of purchases made by minors, Onmictlan™ will provide a 30-day period for parents or legal guardians to verify, modify, or cancel the transaction before any legal actions are pursued.

Onmictlan™ will fully cooperate with authorities if verifiable evidence of fraud, identity theft, or other illegal acts is presented. Parents and guardians remain responsible for supervising and controlling access and use of payment methods by minors or those under their care.

Statement of Informed Purchases and Buyer Responsibility

By completing a purchase on the Onmictlan™ website, the User declares that they have carefully reviewed all available information regarding products, shipping conditions, return policies, donation policies, and terms of service.

“By completing this purchase, you declare that you have read and accepted Onmictlan™ Terms and Conditions y Privacy Policy, including all policies regarding returns, donations, and digital products.”

Users acknowledge that any mistakes, impulsive decisions, or selection errors are their responsibility, and they waive claims based on lack of attention or knowledge of the policies.

Donations and Voluntary Contributions

Donations to Onmictlan™ are completely voluntary and non-refundable under any circumstances, including change of mind, lack of use of funds, or unmet expectations.

Donations do not grant the donor any rights over intellectual property, products, creative processes, or decision-making within Onmictlan™, unless explicitly agreed in writing.

The allocation and use of donated funds are fully at the discretion of Onmictlan™, aimed exclusively at supporting the studio’s creative and institutional objectives.

Donors are responsible for verifying the amount and conditions before confirming the transaction, as modifications or cancellations are not possible after confirmation.

Returns and Refunds

Returns of print-on-demand products are subject to the policies of external providers.

For physical products owned and shipped directly by Onmictlan™, returns will only be accepted for factory defects reported within 7 business days of receipt. Return requests must include clear photographic evidence and use the exact subject line:

“Return due to factory defect in comic [comic name].”

Returns for change of mind, dissatisfaction, misuse, or natural wear will not be accepted.

External providers disclaimer:
Onmictlan™ is not responsible for delays, errors, losses, or damages caused by external providers such as Printful or other third parties. Onmictlan™ will facilitate communication with providers but does not guarantee outcomes, refunds, or compensation.

Digital products explicit statement:

“The User recognizes that the purchase of digital products does not entitle them to a refund due to change of mind, dissatisfaction, or incorrect download, except in verified technical cases handled by Onmictlan™.”

Users may use digital products for personal or commercial purposes, provided they do not resell, sublicense, redistribute, or create substantially similar products for resale. Any violation may result in account suspension, cancellation, or legal action.

Limitation of Warranties

Onmictlan™ provides its products and services “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, availability, durability, or non-infringement of third-party rights.
We do not guarantee that the website, products, digital resources, or services:

Will be error-free, uninterrupted, virus-free, malware-free, or free from other harmful components.
Will meet the User’s expectations, requirements, or specific purposes.
Will always be available without interruptions due to maintenance, technical updates, third-party failures, or circumstances beyond our control.
Regarding physical print-on-demand products, Onmictlan™ is not responsible for minor variations in color, texture, or size compared to the digital preview, as such differences are inherent to printing and manufacturing processes.
For digital products (including brushes, resources, and downloadable files), compatibility with all operating systems, devices, or third-party software is not guaranteed, and the user is responsible for verifying technical requirements before purchase.
Use of products and services offered by Onmictlan™ is at the user’s own risk. Under no circumstances shall Onmictlan™, its founder, collaborators, or licensees be liable for direct, indirect, incidental, consequential, or special damages arising from use or inability to use our products or services, even if warned of the possibility of such damages.

Guiding Principles for Personal Data Processing

At Onmictlan™, we adopt and strictly comply with the guiding principles established by international laws and regulations on personal data protection, ensuring responsible and respectful handling of our users’ and clients’ information.
These principles are:

Transparency: We provide clear, accessible, and complete information about the use, purpose, and processing of the personal data we collect.
Lawfulness: Data processing is always based on valid legal grounds and the free, specific, and informed consent of the data subject, except for exceptions provided by law.
Data Minimization: We only collect data strictly necessary to fulfill the specific purposes for which it was gathered.
Accuracy: We keep information updated and verify its truthfulness to avoid errors or obsolete data.
Limited Retention: Personal data is kept only for the time necessary to fulfill the purposes for which it was collected or according to applicable legal obligations.
Confidentiality: We ensure personal information is handled with strict confidentiality and protected through appropriate technical, administrative, and physical security measures.
Accountability: We assume full responsibility for complying with these principles and for the proper application of policies and procedures in personal data processing.
Compliance with these principles reflects our commitment to privacy and the rights of our users, ensuring their information is treated with the utmost respect and protection.

User Rights Regarding Personal Data

As a User, you have the rights recognized by applicable legislation (including but not limited to the General Data Protection Regulation – GDPR, the California Consumer Privacy Act – CCPA, and the Mexican Federal Law on Protection of Personal Data Held by Private Parties – LFPDPPP) to:

Access your Personal Data held by us.
Request correction of inaccurate or incomplete data.
Request cancellation or deletion of your Personal Data when you consider it is not being processed according to the law.
Object to the processing of your data for legitimate reasons.
Request limitation of processing in cases provided by law.
Request portability of your data to transfer it to another data controller.
To exercise these rights, you may contact our privacy team via email at contact@onmictlan.com or use the form available on our website. Our Privacy Policy provides detailed information on the procedure, response times, requirements, and applicable exceptions.

Use of Cookies

Onmictlan™ uses cookies and similar technologies to improve your experience on our website, analyze traffic, and personalize content and services. By continuing to browse and use our site, you accept the use of cookies according to our Cookies Policy.
You can manage your cookie preferences through your browser settings or through the tools we provide on our website. However, disabling cookies entirely may affect the functionality and quality of the services offered.

Security and Data Protection

Onmictlan™ implements appropriate and reasonable technical, administrative, and organizational measures to protect Users’ Personal Data against unauthorized access, loss, alteration, improper disclosure, or destruction.
However, due to the nature of the internet, absolute security cannot be guaranteed. Therefore, you are responsible for maintaining the confidentiality of your access credentials and for immediately notifying us of any unauthorized use or suspected breach of your information.
Onmictlan™ shall not be liable for damages, losses, or harm resulting from the User’s negligence in protecting their data or information shared on external platforms.

Contact for Legal and Privacy Matters

For any inquiries, claims, or requests related to these Terms and Conditions, the Privacy Policy, personal data protection, or any other legal matter, you may contact Onmictlan™ via the official email:
contact@onmictlan.com
We commit to addressing your requests within a reasonable timeframe, in accordance with applicable law, ensuring confidentiality and professionalism in the handling of your data and requests.

For legal questions or inquiries, you may contact:
© Onmictlan™ / Räfthkan™
Email: contact@onmictlan.com
Website: onmictlan.com

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