TERMS AND CONDITIONS
OYMACARVINGS WEBSITE AND MOBILE APPLICATION TERMS AND CONDITIONS
LAST UPDATED: October 15, 2014
These terms and conditions (the “Terms”) govern your access to and use of OymaCarvings websites and mobile applications (“Site”). By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with OymaCarvings Private Enterprise. It is important that you read carefully and understand the Terms. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
Any references to “you”, “your” and “Buyer” refer to you, as a user of the Site. References to “we”, “us”, “our” and “Seller” refer to OymaCarvings Private Enterprise.
1. CHANGES TO THE TERMS AND CONDITIONS
We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. All material modifications will apply prospectively only. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.
2. USING THE SITE
A. Permission to Use the Site: We grant you permission to use the Site subject to the restrictions in these Terms. We may terminate your permission to use the Site for any conduct that we consider to be inappropriate, or for your breach of these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
B. Site Availability: The Site may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to OymaCarvings.
C. User Accounts: You may need to register to use part of the Site. We may reject or require that you change any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account. We reserve the right to close your account at any time, at our sole discretion, for any reason whatsoever. Furthermore, we reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you or when necessary to protect safety and security.
A. Responsibility for Your Content: You alone are responsible for the content of your messages, and you agree to indemnify and hold harmless OymaCarvings and our agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). We reserve the right to remove any messages for any or no reason whatsoever.
B. OymaCarvings Right to Use Your Content: By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Site, you are granting OymaCarvings a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
C. Ownership: All material on the Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to OymaCarvings. OymaCarvings (Licensor) grants to the Buyer a non-exclusive, non-transferable, royalty-free license to be used in the production of three-dimensional computer generated graphics. It`s resulting still imagery or animation may be used for commercial or non-commercial use for architectural presentations, CNC carvings or other types of output. This license does not limit the number of uses of the Product or its Contents, or number of projects they may be used for.
5. USAGE LIMITATIONS
Licensee is not permitted to:
a) Sell, resell, sublicense, rent, lend, share, give away, or otherwise distribute the Product, its Contents, or any portion or feature thereof.
b) Distribute its products or services, in any way, which may contain the Product, or its Contents such that customers of the Licensee may extract or otherwise access the Product or Contents for their own personal or commercial use.
The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this Site).
A. You agree not to, and will not assist, encourage, or enable others to use the Site to:
i. Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;
ii. Post or transmit any material in violation of a third party’s copyright or other intellectual property or proprietary rights;
iii. Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature;
iv. Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without OymaCarvings prior written consent;
v. Solicit, request or collect personal information for commercial or unlawful purposes;
vi. Solicit personal information from minors;
vii. Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
viii. Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results; or
ix. Impersonate any other individual or entity.
B. You also agree not to, and will not assist, encourage, or enable others to:
i. Restrict or inhibit any other user from using and enjoying the Site (for examples, by means of hacking or defacement);
ii. Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
iii. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
iv. Record, process or mine information about other users;
v. Reformat or frame any portion of the Site;
vi. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on OymaCarvings technology infrastructure or otherwise make excessive traffic demands of the Site;
vii. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
viii. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
ix. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site; or
x. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content or features that enforce limitations on the use of the Site.
8. REFUND AND RETURN POLICY
OymaCarvings offers non-tangible irrevocable goods. The products purchased that are downloaded are NOT refundable. There are no cancellations of online orders that have been downloaded successfully.
However, there are cases when the refund can be issued:
* it was damaged or had irreparable defects, and we can't provide you with the completely working files;
* it was not as described on our web site: a request based on this reason is satisfied on a case by case basis in agreement of both parties concerned.
Refund operation is produced only in a case of written (by e-mail) request of the customer with fully described reasons of an inappropriate work of the product. Terms of the refund are 1 week to 1 month depending on a certain case.
9 . FRAUDULENT CREDIT CARD CHARGES OR FRAUDULENT CLAIMS
All requests to negate charges are investigated by our legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.
OymaCarvings processes customer data solely for the purpose of order fulfillment, internal statistical analysis, and to contact customers regarding Product news or special offers through OymaCarvings itself. Service companies (e.g. banks) receive customer data only to the extent necessary for completion of the order. OymaCarvings will never sell or otherwise distribute customer information to third parties.
11. THIRD PARTIES
The Site may include links to other websites or applications (each, a “Third Party Site”). Unless otherwise noted, OymaCarvings does not operate, control or endorse any information, products, or services on any Third Party Site. You agree that we are not responsible for the availability or contents of any Third Party Sites and that your use of any Third Party Site is at your own risk.
12. VOID WHERE PROHIBITED
Although this Site is accessible worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographic locations. OymaCarvings reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Site is void where prohibited.
13. MAKING PURCHASES
If you wish to purchase products or services described on the Site, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. OymaCarvings will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. OymaCarvings does not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final.
14. RULES FOR PROMOTIONS
15. GENERAL TERMS
A. In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.
B. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
C. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
D. Any failure by OymaCarvings to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
E. The Terms are not assignable, transferable or sublicensable by you except with OymaCarvings prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
F. The section titles in the Terms are for convenience only and have no legal or contractual effect.