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These Terms of Use constitute a legally binding agreement between you and Velmorinchex concerning your access to and use of our website and services. By accessing or using our website, you agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
We reserve the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes.
Unless otherwise indicated, the website and all content, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio, design, presentation, selection, and arrangement, are owned by Velmorinchex, its licensors, or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are permitted to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows: your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; you may store files that are automatically cached by your web browser for display enhancement purposes; and you may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use.
You must not access or use for any commercial purposes any part of the website or any services or materials available through the website without our express written permission. If you wish to make any use of material on the website other than that set out in this section, please address your request to the contact information provided below.
By using our website, you represent and warrant that: you have the legal capacity and agree to comply with these Terms of Use; you are not a minor in the jurisdiction in which you reside; you will not access the website through automated or non-human means, whether through a bot, script, or otherwise; you will not use the website for any illegal or unauthorized purpose; and your use of the website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access to the website and refuse any and all current or future use of the website or any portion thereof.
You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the website, you agree not to: systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; make any unauthorized use of the website, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; circumvent, disable, or otherwise interfere with security-related features of the website; engage in unauthorized framing of or linking to the website; trick, defraud, or mislead us and other users; make improper use of our support services or submit false reports of abuse or misconduct; engage in any automated use of the system; interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website; attempt to impersonate another user or person or use the username of another user; sell or otherwise transfer your profile; use any information obtained from the website in order to harass, abuse, or harm another person; use the website as part of any effort to compete with us or otherwise use the website for any revenue-generating endeavor or commercial enterprise; decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; attempt to bypass any measures of the website designed to prevent or restrict access to the website; harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the website to you; delete the copyright or other proprietary rights notice from any content; copy or adapt the website's software; upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the website; or use the website in a manner inconsistent with any applicable laws or regulations.
The website may allow you to submit, post, or transmit content, including but not limited to text, photographs, videos, and other materials. By providing any user-generated content on the website, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or control all rights in and to the user-generated content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their respective licensees, successors, and assigns. You represent and warrant that all of your user-generated content does and will comply with these Terms of Use.
We have the right, in our sole discretion, to remove, edit, or delete any user-generated content that we determine violates these Terms of Use, is offensive, harmful, or otherwise objectionable, or violates any party's intellectual property or these Terms of Use.
We offer motion design and animation services as described on our website. All descriptions, images, references, features, content, specifications, products, and prices of services described or depicted on the website are subject to change at any time without notice. We reserve the right to limit the provision of our services to any person, geographic region, or jurisdiction and to limit the quantities of any services that we provide.
All pricing information displayed on the website is indicative and subject to confirmation. We make every effort to display accurate pricing information, but we reserve the right to correct any errors or inaccuracies. Final pricing will be confirmed in writing before any services are provided.
We reserve the right to refuse any order or service request at our sole discretion. We may, in our sole discretion, limit or cancel services. In the event that we make a change to or cancel a service agreement, we will attempt to notify you by contacting the email address or phone number provided at the time the request was made.
If you engage our services, you agree to pay all fees and charges associated with your project according to the terms agreed upon in your service agreement. Payment terms will be specified in your project proposal or contract. We accept various forms of payment, which will be outlined in your service agreement.
You agree to provide current, complete, and accurate payment information for all services. You agree to promptly update all payment information to keep your payment method current and valid. If payment is not received by the due date, we reserve the right to suspend or terminate our services and pursue collection of outstanding amounts.
The website and our services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or services included on the website. You expressly agree that your use of the website is at your sole risk.
To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
In no event shall Velmorinchex, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the website; any conduct or content of any third party on the website; any content obtained from the website; or unauthorized access, use, or alteration of your transmissions or content.
Our total liability to you for all claims arising out of or related to these Terms of Use or your use of the website shall not exceed the amount you paid to us, if any, for accessing the website or using our services during the twelve months prior to the event giving rise to the liability.
You agree to defend, indemnify, and hold harmless Velmorinchex and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses, including but not limited to attorney's fees, arising from: your use of and access to the website; your violation of any term of these Terms of Use; your violation of any third-party right, including without limitation any copyright, property, or privacy right; or any claim that your user-generated content caused damage to a third party.
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of New Zealand. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in the courts located in Auckland, New Zealand, and you hereby irrevocably consent to the personal jurisdiction and venue therein.
We will use our best efforts to resolve any disputes or claims arising out of or relating to these Terms of Use or your use of the website through informal negotiation. If we are unable to resolve a dispute through informal negotiation, either party may pursue resolution through the courts as specified in the Governing Law section above.
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.
These Terms of Use, together with our Privacy Policy and any other legal notices or agreements published by us on the website, constitute the entire agreement between you and Velmorinchex regarding your use of the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
No waiver by Velmorinchex of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If you have any questions or concerns about these Terms of Use, please contact us at:
Velmorinchex
16 Maidstone Street, Grey Lynn
Auckland 1021, New Zealand
Phone: +64 9 360 6003
Email: ask@velmorinchex.world
By using our website, you acknowledge that you have read these Terms of Use and agree to be bound by them. If you do not agree to these Terms of Use, you must not use our website or services.