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Terms of Service
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof.
You may use the Services only if you can form a binding contract with us and are not a person barred from receiving services under the laws of Poland or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
You also warrant that any registration information that you submit to us is true, accurate and complete, and you agree to keep it that way at all times.
Changes to the Agreement
The Services that We provide are always evolving and the form and nature of the Services that We provide may change from time to time without prior notice to you. In addition, We may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you. We reserve the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement.
When We make changes to the Agreements that We consider material, I’ll notify you through the Newsletter, on the Websites or in the Applications. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
You have different plans available on a Service by Service basis to access the Services: - Subscription: The Service is provided under a “Paid Subscription” model.
Notice that having paid for a certain Service (Application) does not grant you the Right to receive free updates forever, nor are you entitled in receiving any kind of update for the Service. You need to have an active subscription to use some or all of the features of the service.
Refunds and Chargebacks
Wewill not, under any circumstances, issue cash refunds for early contract cancellation, apart from the cases stated in “Payments, cancellations and ‘cooling off’ regarding Subscriptions” below. If you have a question about charges made to your account, please contact us immediately. No refunds will be Issued for any Software that has any kind of “Free Trial” option.
Wehave a zero tolerance policy for chargebacks. Any customer who disputes a credit card or Paypal payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If the collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
Codes and other Limited Offers
If you are accessing the Service using a promotional Code or any other kind of Limited Offers which you received or purchased and/or are using our Services in “Trial mode” these Agreements still apply to you. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer. We reserve the right to withdraw or to modify a Trial at any time without prior notice and with no liability.
The Service/s, content and intellectual property provided through it are the property of Valentino Urbano or Valentino Urbano’s licensors, and We grant you a limited, non-exclusive, non-transferrable, non-sublicensable, freely revocable licence to make personal, non-commercial use of the Service and to receive the media content made available through the Service in your country, based on the “Licence”. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in any source code nor assets in the Application.
We may also offer commercial licenses for a certain Services. To request a commercial license Contact Me stating as subject “COMMERCIAL LICENSE REQUEST”. Commercial Licenses are granted on a case by case basis, see below for details.
As already stated the license is personal and non-transferrable, if you need a license for more than 1 person please Contact Me. Like the Commercial License, these kind of licenses are granted on a case by case basis. Note that the license for more than one computer on our Online Store doesn’t grant you the permission to sell or give it to another person, it’s still a personal license.
We may refuse to grant a licence to anyone, whether being a Legal Person or any other kind of Legal Subject, such as a Legal Company, at our sole discretion. In No Circumstance should We be held liable for such conduct.
The Software Applications are licensed, not sold, to you, and We retain ownership of all copies of the Software applications even after installation on your Devices. We may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.
All the Trademarks, Service Marks, Trade Names, Logos, Domain Names, and any other features are the sole property of Valentino Urbano. This Licence does not grant you any rights to use the Trademarks, Service Marks, Trade Names, Logos, Domain Names, or any other features, whether for commercial or non-commercial use. All rights not expressly licensed are reserved.
You agree to abide by the Copyright Policy (below) and not to use the Service (including, but not limited to, its content) in any manner not expressly permitted by the Terms.
Third party software libraries included in the Service are licensed to you either under these Terms, or under the relevant third party software library’s licence terms as published in the help or settings section of our Applications and/or on our Website.
Except as expressly permitted under this Agreement, you agree NOT TO, nor will you allow any third party (whether or not for your benefit) to:
- Reproduce, reverse engineer, disassemble, decompile, modify, create derivative works based on the Service, or otherwise attempt to derive the source code of the Software;
- Translate the Software unless with explicit permission;
- Run, rent, lease, loan, or sell access to the Services;
- Copy, archive, store, reproduce, rearrange, adapt, download, upload, display, perform, publish, distribute, redistribute or disseminate any part of the Services, unless you obtained a written permission by us to do so;
- Access any part of the Services to build a product using similar ideas, features, functions, interface or graphics;
- Access (or attempt to access) any service on the Services, by any means other than as permitted in these Terms of Service;
- Circumvent, disable or otherwise interfere with security related features of the Services, or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Services or the Content and Third Party Content therein;
- Cause a breach of security to the Services or any Network or interfere with the proper working of the Services or prevent others from using the Services;
- Delete the copyright and other proprietary rights notices on any Services;
Werespect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to me. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (1) a physical or electronic signature of the Copyright owner or a person authorised to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) your contact information, including your address, telephone number, and an email address; (5) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the Copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the Copyright owner.
Copyright/Trademark Information: Copyright © 2015-Current, Valentino Urbano, All rights reserved. The name of our websites, apps and services is a Trademark, and in some jurisdictions, registered Trademark of Valentino Urbano. The Copyrights, Trademarks, Trade Names, Logos, and Service Marks (“Marks”) displayed in connection with the Service are Valentino Urbano’s property or the property of other third parties. You are not permitted to use these Marks without Valentino Urbano’s prior written consent or the consent of such third party, which may own the Marks.
DMCA and Copyright Infringement:
You may notify Valentino Urbano of Copyright infringement in connection with the Service by providing notice by regular mail in an envelope titled “Copyright Notification” mailed to: Valentino Urbano, ul. Fitelberga 5, 41–907 Bytom, Poland.
Your notice must:
- Identify the original Copyrighted work you claim is infringed;
- Identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail to locate the allegedly infringing content on the Service;
- Provide your contact information, including your full name, mailing address, telephone number, and email address, if available;
- Provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorised by the copyright owner, its agent, or the law;
- Provide this statement: “Weswear, under penalty of perjury, that the information in this notification and complaint is accurate and that Wearethe Copyright owner, orareauthorised to act on behalf of the Copyright owner of an exclusive right that is infringed.”;
- Provide your signature.
These Terms are not intended to grant rights to anyone except you and me, and in no event shall these Terms create any third party beneficiary rights. The failure of us to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Technology Limitations and modification
Wewill make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand and agree that We have no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
You agree to comply with all applicable export and re-export control laws and regulations. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from us under these Agreements to any destination, entity, or person prohibited by the laws or regulations of Poland, without obtaining prior authorisation from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.
Payments, cancellations and “cooling off” regarding Subscriptions
If you reside in a country which is part of the European Union and have purchased a Paid Subscription, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to consume the Service.
If you have a Paid Subscription, your payment will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, you will be downgraded to the Free Service, if available. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, We will not refund any subscription fees already paid to me.
We may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Service after the price change takes effect, you accept the new price.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
User Created Content
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, We cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will We be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
We strive to keep the Service “family friendly”. As such, We do not allow any of the following content, or links to such content, to be published on the Service:
- Content of a pornographic, sexually explicit, violent or deviant nature;
- Content of illegal nature (including any stolen Copyrighted material);
- Pirated software sites, including cracking programs or cracking program archives;
- Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libellous;
- Content which infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
- Content which engages in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Service;
- Content created and or published in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- Content that is harmful to minors in any way;
- Use of profanity or the description or name of any illegal activity in the name of your account or in any field of your support ticket;
The final choice of whether an account is in violation of any of these policies is at our sole discretion.
You agree not to authorise or encourage any third party to use the Service to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify us in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
Violation of any of these policies may result in tracking information being stored to identify the offending User, and permanent restriction from holding an account on any Service. I’m granted the permission to terminate any services/accounts for those liable of any violation of this Agreement without refund of any fees.
If you feel confident to have witnessed any of these happening, We strongly encourage you to contact us.
Choice of Law
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Poland, without regard to choice or conflicts of law principles. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Poland and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Ending These Terms
You may end your legal agreement with Valentino Urbano at any time for any or no reason by deactivating your accounts and discontinuing your use of the Services by uninstalling the Applications. You do not need to specifically inform us when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the the sections protecting our Rights shall continue to apply.
Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above.
Disclaimers and Limitations of Liability
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. Without limiting the foregoing, to the maximum extent permitted under applicable law, VALENTINO URBANO DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We make no warranty or representation and disclaim all responsibility and liability for: (1) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (2) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (3) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (4) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from or through the Services, will create any warranty or representation not expressly made herein.
We also don’t not warrant, endorse, guarantee or assume responsibility for any third party product or service advertised or offered by a third party on or through any of our Services or any hyperlinked website, or featured in any banner or other advertising. No advice or information whether oral or in writing obtained by you from us shall create any warranty on behalf of us in this regard. Some aspects of this section may not apply in some jurisdictions.
Other Terms The Payments for the Services are provided by Stripe. You are subjected to their Terms of Service when using their Services.
“Stripe”, ... are trademarks of the respective companies and are used for identification purposes only.
You agree that We may be independently developing software, content and other products or services that may be similar to Your Code and Your Content and nothing in the Agreement will be construed as restricting or preventing us from creating, using or offering for use such software, content and other items, without any obligation to you.
You may from time to time choose, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to the Services, including, without limitation, on any Blog, Mobile App, Website, Support Forum, or in connection to our Newsletter. If you choose to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that We will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant us a nonexclusive, perpetual, irrevocable, transferable, sub-licensable, royalty free, fully paid up license to use such Feedback.
Links The Services may contain links to third-party websites or resources. You acknowledge and agree that Wearenot responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, We SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; OR (4) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VALENTINO URBANO EXCEED THE GREATER OF ONE HUNDRED POLISH ZLOTY (PLN. 100.00) OR THE AMOUNT YOU PAID ME, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT We HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We may revise these Terms from time to time, the most current version will always be at valentinourbano.com/tos. If the revision, in our sole discretion, is material We will notify you via the email newsletter to the email address you signed up with or on this website. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Terms are an agreement between you and Valentino Urbano, 5 ul. Fitelberga, Bytom 41–907, Poland. If you have any questions about these Terms, please contact me.
You made it to the end. Thanks for reading, Valentino Urbano.
All rights reserved.