Terms of Service
The following terms and conditions (referred to as the “Terms & Conditions” or the “Agreement”) govern your use of the Website and any Products and form a binding agreement between Vaniti & Co and you, your company, your employer or any other person or entity you are entering into this Agreement on behalf of (collectively referred to as “you”). By purchasing Products, you acknowledge that you have read these Terms & Conditions and agree to be bound by them.
Vaniti & Co reserves the right to change these Terms & Conditions at any time without notice to you. 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. 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.
1. Website Use
The Website is owned and operated by Vaniti & Co. The Website and its contents, including Products and any images used on the Website (“Images”), may not be copied or reproduced without the prior written consent of Vaniti & Co.
Using the Website, Products or Images other than for a permitted purpose is prohibited.
2. Products and Services
Other than as expressly permitted by Vaniti & Co, Products may not be reproduced, modified, altered, distributed, sold, shared, sublicensed or transferred. The products are for personal or professional use by a single or individual purchaser only. It is not intended to be used by other parties other than the purchaser himself. However, if you intend to sell photographs and artworks that have been improved by the preset products, you may do so but the sale is limited to such photograph or artwork only and not to the presets themselves since the right to use the preset products is limited to the purchaser and is not transferable.
Third party brands, trademarks and copyrights appearing on the Website are exclusive property of their respective holders or owners.
Any unauthorized use of the Website, Products or Images is an infringement of copyright and/or intellectual property and proprietary rights of the respective owners and you shall be responsible for any fees, damages or compensation arising from any unauthorized use.
3. NO-REFUND/NO-EXCHANGE/NO-RETURN Policy
All Sales are FINAL, there are no refunds, exchanges or returns. After purchase, Products are delivered as a digital download therefore return, exchange or refund is absolutely not allowed. Likewise, incompatibility cannot be used as a reason for refund, exchange or return. You are then encouraged to make sure that what you are purchasing is compatible with your software or camera files and for you to make a backup copy of your downloaded Products, but no other copying or reproducing of Products is permitted as clearly specified above.
4. Disclaimers and Limitation of Liability
Use of the Website and Products is at your sole risk. Except as otherwise stated in these Terms & Conditions, the Website and Products are provided on an “as is”, “as available” basis without representations, warranties or conditions of any kind, either express or implied, including without limitation, representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. The use of the Website may not be uninterrupted or error-free.
Vaniti & Co. exerts all efforts to display as accurately as possible the colors and images of the products that appear on the Website. However, Vaniti & Co, does not guarantee that the result will be exactly the same on your image as no photographs are the same and due to millions of variables (e.g. lighting, exposure, colors, etc.. ) The advertised results in the Website are merely for illustrative purposes only and only represents the quality the filters have on the images shown. Vaniti & Co shall not be held liable for the variations or discrepancies of the results that may appear in your image as compared to the images advertised on the Website.
Links to other websites are provided for your convenience only and do not constitute an endorsement. No representations or warranties are made with respect to any linked website.
Except for the indemnification to you set forth below, to the maximum extent permitted by law, Vaniti & Co will not be liable for any indirect, punitive, exemplary, statutory, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims, including without limitation, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Website or any Product, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions arising out of or in any way connected with the use of the Website or any Product whether based on contract, tort, strict liability or otherwise. Vaniti & Co’s liability to you in any circumstances will be limited to the amount you paid for the relevant Product.
5. Warranties and Indemnification
Vaniti & Co has the authority and possesses all of the necessary rights to enter into this Agreement and your use of any Product in accordance with this Agreement will not infringe on any copyright of any third party.
You represent and warrant that you have attained the age of majority in your jurisdiction and have the full right and authority to enter into this Agreement. If you are entering into this Agreement on behalf of your company, employer, or any other person or entity, you warrant and represent that you have the authority to do so. If you do not have such authority, you will be personally liable for any breach of this Agreement.
You will indemnify and hold harmless Vaniti & Co from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of the Website or any Product in violation of this Agreement; your breach of this Agreement; your infringement of any third party intellectual property rights; or any act or omission by you which results in: (a) loss, damage, interference with or disruption to the Website or any Product; (b) use of the Website or any Product for any illegal purpose; or (c) use of the Website or any Product to achieve any unauthorized or prohibited access to computer systems or data.
Governing Law. This Agreement and any dispute arising from or in relation to this Agreement will be governed by, construed, interpreted and enforced in accordance with the laws of Hong Kong, for the purpose of all legal actions arising out of or relating to this Agreement.
Enforceability. If any provision of this Agreement violates the law of the applicable jurisdiction and is unenforceable, that provision will be severed and the balance of this Agreement will remain in force.
Entire Agreement. This Agreement (including the applicable terms of any license which are incorporated into this Agreement) constitutes the entire agreement between you and Vaniti & Co pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous communications, written or oral. There are no warranties, conditions or representations and there are no agreements in connection with such subject matter except as specifically set forth or referred to in this Agreement. Any terms, conditions, representations or warranties included in any correspondence, communication, requisition or purchase order from you or any other party that conflict with this Agreement are not applicable to the subject matter of this Agreement.
Assignment. This Agreement may not be assigned or transferred in whole or in part by you without the prior written consent of Vaniti & Co.
Contact Information. Please direct any questions about this Agreement, Vaniti & Co, the Website or Products to email@example.com
What personal information do we collect from the people that visit our website?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.
When do we collect information?
We collect information from you when you place an order or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
We do not use an SSL certificate, because we only provide articles and information, we never ask for personal or private information like email addresses, or credit card numbers.
Do we use ‘cookies’?
• Understand and save user’s preferences for future visits.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.