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terms and conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the website www.velvetmade.com. If you disagree with any part of these Terms and Conditions, please do not use our website.

This is an agreement (“Agreement”) between you (“you”) and www.velvetmade.com (“velvetmade”). By accessing and using this website (also referred to as the “Site”), as well as the information and products or services offered on the Site, you agree to be bound by this Agreement.

In this Agreement, “velvetmade”, “We” or “Our” will refer collectively to BY THREE B s.r.o., Americká 41, 120 00 Prague, State Tax ID: CZ08148783, and VARBO CORPORATION s.r.o., Americká 41, 120 00 Prague, State Tax ID: CZ28448049, Czech companies.

Ownership of the Site

This website is owned and operated by velvetmade. The content and each element of this website are owned by velvetmade or the suppliers of such content and are protected by all applicable copyright, trademark, and other intellectual property laws of the Czech Republic, as well as international laws relating to intellectual property.

Trademarks

You may not copy, use or imitate, in whole or in part, without our prior written permission, the look and feel of this website, including every element of design. You may not use trademarks, logos, product names, company names, and/or service marks (collectively, “Trademarks”) displayed on our website without the prior written consent of velvetmade or the third party that owns the applicable Trademark.

Our Services

Our website is the online facility for promoting and advertising of activities and design services provided by velvetmade to its clients as well as products available for purchase in ‘Product’ section of the website. It permits its audience, such as general public (individuals or legal entities – in further text referred collectively as ‘Audience’) to view our work, contact us and purchase the digital downloadable products from our online store in the ‘Products’ section.

Use of this Website

Using the Site, you shall comply with all applicable laws and regulations of the Czech Republic, including, without limitation, laws relating to the Internet, privacy, intellectual property, and e-mail.  Unless you are a registered member, you may only browse the Site; you cannot use the website or any of its content in any other way.

Any individual or legal entity can browse our website.

Velvetmade offers both free and paid digital products (also referred to as the “Products”) to its Audience and customers, based on prices available on each product page in the ‘Products’ section. Upon purchasing such paid products by either Paypal or direct bank trasfer, an invoice will be issued and sent on email based on invoicing details provided. Both individuals and legal entities can purchase a paid product.

Claims of Violation of Intellectual Property Rights

If you believe any of your intellectual property rights are being violated by the Product offered on our website, please let us know by providing the following information:

(a)    Your name, address, phone number, and email;

(b)    A description and location of the service page that allegedly infringed your intellectual property rights;

(c)    Whether you are the owner of the intellectual property right or you are authorized to act on behalf of such owner;

(d)    A certification by you that you warrant accuracy of the information you provided to us.

Upon receipt of your Copyright Claim, we will take down the service subject to your claim, unless the Course Owner proves that he has superior rights to the disputed service.

Disclosure of Information

We collect certain information about you. Our collection, use, and disclosure of your information is described in our Privacy Policy. By accessing and using our website, you agree to our Privacy Policy, as may be amended from time to time.

Links to our Website

If you include a link to our website from any other site, such link must lead to the full version of our webpage. You are prohibited from linking directly to any image hosted on our website or to any of our services. You are further prohibited from including links to our website from any other site in any way that our webpage would be “framed”, surrounded or in any other way hidden by any third party content or materials. We reserve the right, upon written notice to you, at any time and without any reason, to prohibit you from linking to our website. We disclaim any and all liability for links to our website from any other site.

Third Party Sites

You acknowledge and agree that we have no responsibility for the content, products, advertising, materials, codes, or services on any third party sites to which you may link through our website or which link to our website. The inclusion of a link on our website does not constitute or indicate any relationship between velvetmade and the owner or operator of the third party site. Unless otherwise expressly stated in our link, we do not endorse or sponsor any sites to which you may link through our website. We disclaim any and all liability for links from our website to any other site.

Indemnification

You are solely responsible for, and agree to hold harmless and indemnify velvetmade and its agents, affiliates, directors, officers, and employees against any and all claims, debts, liabilities, costs and expenses (including attorney fees) arising from:

(a)    your breach of this Agreement;

(b)    your use of our website or its content; or

(c)    your violation of any rights of another person or entity.

Disclaimer

(a)    All content and services on our website are provided “As Is”; we disclaim to the fullest extent allowed under the applicable law, any and all express and implied warranties.

(b)    We do not have any control over the services which are not operated by us. We do not warrant that the services do not infringe on the intellectual property rights of any other party. We do not take any responsibility for the legality, quality, or safety of any of the services. Each Course Owner is solely responsible for any and all warranties of the services, including the warranty that the service does not infringe the intellectual property rights of any other party.

(c)    We make no warranty that our website or its content is free from any viruses or anything else that has destructive or contaminating abilities. You are solely responsible for taking all precautions to protect you against any damage or loss that may arise from your use of this website, its content, or any service offered through this website.

(d)    We do not warrant that your access to our website or any of its content will be uninterrupted or free from errors, or that we would correct any defects on the website and/or our servers.  

(e)    Under no circumstances velvetmade, its directors, officers, employees, affiliates or agents can be liable for any direct, indirect, incidental, special, or consequential damages or loss of profits that may result from any use, access, or inability to use or to access, our website, our services, or the services.

Limitations of Liability

(a)    In no event shall the aggregate liability of services, arising out of, or relating to, the use of this website, exceed any compensation you paid, if any, to us for access or use of the website, or for purchasing of any services, products, or other content.

(b)    Any liability of velvetmade for breach of any implied warranty that cannot be excluded under applicable law is limited to the following, at the discretion of velvetmade:

b.i.    For services we provided or offered – we will either supply the services again or we will pay for the reasonable costs of having similar services supplied again;

b.ii.    For products we provided or offered – we will either replace the products, supply the equivalent products, or pay for the reasonable costs of replacing the products or acquiring the equivalent products.

Modification of this Agreement

We reserve the right to modify the terms of this Agreement at any time. After the modifications are posted on our website, your access and use of our Site will be considered your acceptance of those changes.

Notices

Any notice in relation to this Agreement shall be given in writing. All notices shall be given in English or upon request in Czech language. In addition, the following applies to notices:

(a)    All notices to velvetmade will be deemed given when delivered personally, sent by overnight courier with proof of delivery, or mailed by Czech Post certified mail with return receipt requested. A notice to velvetmade shall be deemed to have been given upon its receipt by velvetmade. The current address for giving notice to us will always be posted on our website.

(b)    All notices to you will be deemed given when emailed to you at the email address that you have provided using a contact form or filling in the details upon purchasing a Product, or when posted on our website. A notice shall be deemed to have been given immediately upon sending or posting that notice.

Applicable Laws and Venue

This Agreement shall be subject to and interpreted under the laws of Czech Republic. Any claims arising out of, or in connection with, this Agreement shall be litigated only in the courts of the city of Prague, Czech Republic.

Refund Policy

You are paying to gain access to digital products that are offered on ‘Products’ page of our website.
Should you make a purchase but then decide not to use the Product after your payment is processed, we cannot provide a refund of your payment.

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