1. REGULATIONS (PL)
2. TERMS OF SERVICE (ENG)
1. REGULATIONS (PL)
Conclusion of a contract between the Buyer and the Seller can take place in two ways.
Before placing an order, the Buyer has the right to negotiate any provisions of the contract with the Seller, including those amending the provisions of the following regulations. Negotiations should be conducted in writing and addressed to the Seller's address (Justyna Zduńczyk Photography, ul. Rodzinna 19/14, 53-029 Wrocław, e-mail: email@example.com)
If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations and relevant legal provisions shall apply.
1. Postal address - name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, flat or apartment number; in the case of a town not divided into streets: name of the town and real estate number), postal code and place.
2. Complaint address:
Justyna Zduńczyk Photography
st. Family 19/14
3. Contact details:
Justyna Zduńczyk Photography
st. Family 19/14
4. Delivery type of delivery of the purchased product downloadd
5. Proof of purchase invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws..
6. Product card - a single subpage of the store containing information about a single product..
7. Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity..
8. Civil Code Act of the Civil Code of April 23, 1964, as amended..
9. Code of good practice a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended..
10. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to its business or professional activity..
11. Basket - a list of products made of the products offered in the store based on the Buyer's choices..
12. The Buyer, both the Consumer and the Customer..
13. Place of delivery of the item, e-mail address, postal address or collection point indicated in the order by the Buyer..
14. The moment of handing over the item - the moment when the Buyer or a third party indicated by him for collection takes possession of the item..
15. Payment method of payment for the subject of the contract and delivery listed at www.vividpresets.comm
16. Consumer law Act on consumer rights of 30 May 2014..
17. Product – the minimum and indivisible quantity of items that may be the subject of the order and which is given in the Seller's store as a unit of measure when determining its price (price/unit)..
18. Subject of the contract products and delivery subject to the contract..
19. Subject of the service subject of the contract..
20. Pick-up point, the place of delivery of the item which is not a postal address, listed in the list provided by the Seller in the store..
21. A movable thing that may be or is the subject of the contract..
22. Shop online service available at www.vividpresets.com, through which the Buyer can place an order..
Justyna Zduńczyk Photography
st. Family 19/14
53-029 Wrocław NIP: 897-160-31-59, REGON: 022155116 BANK ACCOUNT: 50 1020 5558 1111 1343 3760 0124
24. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet..
25. Completion date, number of hours or working days given on the product card..
26. Agreement – an agreement concluded outside the business premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and a sales agreement within the meaning of Art. 535 of the Civil Code of April 23, 1964 in the case of Buyers..
27. Defect both a physical defect and a legal defect..
28. Physical defect - non-compliance of the item sold with the contract, in particular if the item::
it does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from circumstances or intended use;
does not have properties the existence of which the Seller assured the Consumer,
is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;
was delivered to the Consumer incomplete;
29. Legal defect - a situation when the sold item is owned by a third party or is encumbered with the right of a third party, and also if the restriction on the use or disposal of the item results from a decision or judgment of a competent authority..
30. Order Buyer's declaration of intent made via the store, clearly specifying: type and quantity of products; type of delivery; payment method; the place of delivery of the item, the Buyer's data and aimed directly at concluding a contract between the Buyer and the Seller..
§2 General conditions
1. The contract is concluded in Polish, in accordance with Polish law and these regulations.
2. The store is located on the Shopify Inc. platform. based in the United States, which provides the Seller with an online e-commerce platform that allows the sale of products and services via the Internet.
3. The main language of the website www.vividpresets.com is English. By deciding to purchase products (electronic files) from the website www.vividpresets.com, the Buyer confirms that the content contained on the website and in the basket is understandable to him.
4. The place of issue of the item is on the territory of the Republic of Poland.
5. The Seller is obliged and undertakes to provide services and deliver items free from defects.
6. All prices quoted by the Seller are expressed in the European currency EURO and are gross prices.
7. The price given for each product is binding at the time of placing the order by the Customer.
8. The store reserves the right to change the prices of goods. The above entitlement does not affect the prices of goods in orders placed before the date of entry into force of the price change, conditions of promotional campaigns or sales. Promotions in the Store cannot be combined, unless the regulations of the promotion provide otherwise.
9. All deadlines are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends with the end of the last day, and if the beginning of the period marked in days is a certain event, it is not taken into account when calculating the date of the day on which the event occurred.
10. Confirmation, disclosure, consolidation, protection of all relevant provisions of the contract in order to gain access to this information in the future takes place in the form of: order confirmation by sending to the e-mail address: order, proof of purchase, invoice and information regarding the download of the purchased electronic file .
11. The buyer may use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a string of characters set by the Buyer, who is obliged to keep them secret and protect against unauthorized access by third parties. The buyer has the option of viewing, correcting, updating data and deleting the account in the store at any time.
12. The Seller adheres to the code of good practice.
13. The Buyer is obliged to:
- not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
- use the store in a way that does not interfere with its functioning, in particular by using specific software or devices,
- not taking actions such as: sending or posting unsolicited commercial information (spam) within the store,
- use the store in a way that is not inconvenient for other Buyers and for the Seller,
- use any content posted as part of the store only for your own personal use,
- use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as with the general principles of netiquette.
§3 Conclusion of the contract and implementation
1. Orders can be placed 24 hours a day.
2. In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
a. adding a product to the cart;
b. placing an order in the store by using the Complete order button I order and pay, which is tantamount to the final order of the product and the obligation to pay.ty.
3. The conclusion of the contract with the Consumer takes place at the time of placing the order.
4. Execution of the Consumer's order payable by bank transfer or via the electronic payment system after the Consumer's payment is credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the service through no fault of his own and informed the Seller about it .
5. The conclusion of the contract with the Customer takes place upon acceptance of the order by the Seller, of which he informs the Customer within 48 hours of placing the order.
6. The execution of the Customer's order paid by bank transfer or via the electronic payment system takes place immediately after the conclusion of the contract and the Customer's payment is credited to the Seller's account.
7. The execution of the Customer's order may depend on the payment of all or part of the order value.
8. The subject of the contract is sent within the time limit specified on the product card. The time limit begins with the execution of the order.
9. The purchased subject of the contract is sent to the e-mail address indicated by the Buyer on the customer account or indicated in the ordering process, together with attached attachments.
10. The condition for placing an effective Order and effectively concluding the Sales Agreement is that the Customer has read and accepted the Regulations, as well as confirming that the Buyer knows that the Order entails the obligation to pay.
11. Products are copyrighted. The buyer undertakes not to make available to third parties, copy, duplicate, sell, resell the purchased products through the website www.vividpresets.com
§4 Right of withdrawal
1. The consumer is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law and 4, section 100
2. The consumer has the right to cancel the order until the digital file is downloaded from the www.vividpresets.com store. and before paying for the order.
3. The right to withdraw from the contract is not entitled to the Customer in relation to the contract for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after informing him by the Seller about loss of the right to withdraw from the contract (in accordance with Article 38 of the Act of 30 May 2014 on consumer rights - consolidated text of 24 June 2014, Journal of Laws of 2014, item 827).
4. The Seller shall immediately confirm to the Consumer by e-mail (provided when concluding the contract and a different one if it was provided in the submitted statement) receipt of the statement of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is considered void.
6. The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he has not consented to the performance of the service before the deadline for withdrawing from the contract or has not been informed about the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur has not provided confirmation in accordance with Art. 15 sec. 1 and art. 21 sec. 1. Consumer Law.
7. The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of payment that does not involve any costs for him.
8. The consumer, in accordance with Article 38 of the Consumer Law, is not entitled to withdraw from the contract:
in relation to the contract for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract (in accordance with art. 38 of the Act of 30 May 2014 on consumer rights - consolidated text of 24 June 2014, Journal of Laws of 2014, item 827).
The customer has the right to cancel the order in the following situation:
- if the order has not been paid by him,
- until the Customer downloads the electronic file from the Store's website, before paying for it.
9. Rules for using electronic files:
The license to use an electronic file authorizes it to be used only by the Customer who purchased the file. This license is granted to the Customer for its own use.
The customer is not entitled to distribute or share the purchased electronic file, its fragments or copies for commercial purposes.
The customer has no right to grant further licenses to use the electronic file,
Withdrawal from the contract is allowed only before the Customer uses (by clicking) the link to download the file. After using the link, the Customer is not entitled to withdraw from the contract - due to the nature of the service, which prevents its return.
1. The Seller, pursuant to art. 5581 of the Civil Code completely excludes liability towards customers for physical and legal defects (warranty)..
2. The Seller is liable to the Consumer on the terms set out in art. 556 of the Civil Code and subsequent for defects (warranty).
3. In the case of a contract with a Consumer, if a physical defect was found within one year from the moment of handing over the item, it is assumed that it existed at the time the danger passed to the Consumer.
4. If the sold item has a defect, the consumer may:
- submit a statement on the demand for a price reduction;
- submit a declaration of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free item or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free item or remove the defect, he is not entitled to replace the item or remove the defect.
5. The Consumer may, instead of removing the defect proposed by the Seller, demand replacement of the item with a defect-free one, or instead of replacing the item, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, however, when assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would be exposed by a different method of satisfaction.
6. If the sold item has a defect, the consumer may also:
- demand replacement of the item with a defect-free one;
- demand removal of the defect.
7. The Seller is obliged to replace the defective item with a defect-free item or remove the defect within a reasonable time without undue inconvenience to the Consumer.
8. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract in a manner chosen by the buyer is impossible or would require excessive costs compared to the other possible way of bringing the defective item into conformity with the contract.
9. The consumer who exercises the rights under the warranty is obliged to deliver the defective item to the complaint address at the expense of the Seller, and if due to the type of item or the method of its assembly, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at in which the item is located. In the event of failure to perform the obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.
The costs of replacement or repair are borne by the Seller, except for the situation described in point 5.10..
10. The Seller is obliged to accept a defective item from the Consumer in the event of replacing the item with a defect-free item or withdrawing from the contract.
11. Within fourteen days, the Seller will respond to:
- statements on requesting a price reduction;
- statements of withdrawal from the contract;
- request the exchange of items free from defects;
- request removal of the defect.
Otherwise, it is considered that he considered the Consumer's statement or request to be justified.
12. If, due to a defect in the item, the Consumer made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered because he concluded the contract without knowing about the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible liability, and in particular may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the items, reimbursement of the outlays made to the extent that he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair damage on general terms.
13. The expiry of any deadline for finding a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
14. If the Seller is obliged to provide a benefit or financial benefit to the Consumer, he will perform it without undue delay, not later than the date provided for in the law.
1. The administrator of the databases of personal data provided by the Consumers of the store is the Seller:
Justyna Zduńczyk Photography
st. Family 19/14
2. By providing their personal data to the Seller when placing an order, the Buyer agrees to their processing by the Seller in order to complete the order. The Buyer has the possibility to view, correct, update and delete his personal data at any time.
3. Providing personal data by the Customer is voluntary, however, the lack of consent to the processing of personal data by the Seller will prevent the Seller from providing services electronically and making purchases by the Customer in the Online Store.
4. The Seller processes personal data for the purpose of providing services by electronic means, concluding and performing contracts for the sale of Goods covered by the Customer's orders with the Customer, also for marketing purposes, if the Customer has consented to it, including in particular for the purpose of sending information to the Customer regarding new products and promotion by e-mail.
5. The customer has the right to access his personal data and to correct and delete them. Personal data can be corrected or deleted after logging into the Customer's account or by submitting a resignation to the Seller at the e-mail address: firstname.lastname@example.org
6. The customer declares that the personal data provided by him are the customer's data.
8. The Customer may unsubscribe from the Newsletter at any time by unchecking the appropriate box in the options of his Individual Customer Account or by sending the Seller appropriate information to the e-mail address: email@example.com
§7 Final Provisions
1. None of the provisions of these regulations are intended to infringe the Buyer's rights. It also cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute subordination and application of this law in place of the challenged provision of the regulations.
2. Registered Buyers will be notified of changes to the regulations and their scope by e-mail (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the entry into force of the new regulations. Changes will be introduced in order to adapt the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in the regulations tab when placing an order (www.vividpresets.com). During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Except for the situation when the Consumer considers it less favorable than the current one and informs the Seller about the current choice as binding.
4. In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Disputes, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before the arbitration court at the Provincial Inspectorate of the Trade Inspection.
TERMS OF SERVICE
This website is operated by Vivid Presets. Throughout the site, the terms we, us and our refer to Vivid Presets. Vivid Presets offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. here.
By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (Terms of Service, Terms), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.ntent.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us .
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors..
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools as is and as available without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.ols.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not 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 for any harm or damages related to 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 policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, 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 creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service .
You agree that your comments 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 comments 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 Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party..
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order) .
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) is spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Vivid Presets, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vivid Presets and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including Reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals , whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be constructed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and constructed in accordance with the laws of Rodzinna 19/14 Wroclaw PL 53-029.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.