GENERAL TERMS FOR VALANDRIA PUBLICATIONS
Last Updated: August 26, 2020
This website is owned and operated by Valandria Publications. Throughout the site, the terms “we,” “us” and “our” refer to Valandria Publications. Valandria Publications offers this website, including all information, features, and services available from this website, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.
Your continued use of the website constitutes your agreement to all such terms, conditions, policies, and notices.
Purpose of This Site
This site is operated for the purpose of providing information and sales on the products and/or services offered by Valandria Publications and its affiliates.
1. USE OF WEBSITE AND SERVICES.
1.1. License. Subject to your compliance with these Terms, Valandria Publications provides you a limited, personal, non-exclusive, nontransferable, non-assignable, fully revocable license to use the Websites, and Services solely for your individual and non-commercial use. Valandria Publications may terminate or suspend any or all portions or features of the Website or Services at any time and for any reason or for no reason with no liability to you. This license does not give you any ownership rights in the Websites or Services. Any rights you do acquire in the aforementioned will forever be owned by and inure to the benefit of Valandria Publications (its successors and assigns).
1.2. Restrictions. You agree not to engage in any of the following with respect to our Website or Services:
(i) Data mining: Use any unauthorized means, process, or software that accesses, collects, reads, intercepts, monitors, data scrapes including without limitation, agents, robots, scripts, or spiders; or mines information (including reverse look-up or attempted tracing of Registration Data in any way and for any reason);
(ii) Derivative works: Copy, reproduce, translate, reverse engineer, modify disassemble, decompile, derive source code from, transfer, or create derivative works based on or related to any part of the Website or Services (including without limitation any Registration Data), including links or frames to content, images or artwork (except as expressly authorized by Valandria Publications);
(iii) Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Website or Services including without limitation (i) unauthorized third-party "cloud computing" services, (iii) using third-party programs or tools not expressly authorized for any purpose, including without limitation unauthorized online or network play or as part of content aggregation networks.
(iv) Circumvent Security: probe, scan or test the vulnerability of the Websites or Services, or breach the security or authentication measures on the Websites or any part of the Services;
(v)Prohibited Commercial Activity: Exploit any portion of the Website or Services for any purpose not expressly authorized by Valandria Publications, including without limitation (i) attempting to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any component of the Website or Services
(vi) Disruption: use any device, software or program to interfere or attempt to interfere with the proper working or authorized uses of the Website or Services, or with any other person's use of the Website or Services, including taking any action that imposes an unreasonable or disproportionately large load on infrastructure;
(vii) Forgery/Impersonation: forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Websites or via the Services, or in any way impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity;
(viii) Violate Laws, Regulations, or Rules: use the Websites or Services in an illegal manner or for any unlawful purpose, or in any manner that violates any applicable rules, policies, guidelines, or policies.
3. FEES AND PAYMENTS.
Valandria Publications is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
4. LINKS TO OTHER SITES.
The Website and Services may contain links to third party websites. These links are provided as a convenience to you. We do not control and are not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and we do not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third party websites. We encourage you to exercise discretion while browsing the Internet and other websites. If you decide to access linked third-party websites, you do so at your own risk.
5. SUBMISSIONS/USER CONTENT
5.1 Material Copyright: You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality, and copyright of any such material. Valandria Publications does not assure the confidentiality of any submission you make. You may not upload to, distribute or otherwise publish through this site any content that violates any of the Usage Rules below. If you do submit material, and unless we indicate otherwise, you grant Valandria Publications and its affiliates a nonexclusive, 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 now known or hereafter invented. Artwork and Novel submissions apply to the previous statement, with exception of additional contract and reimbursement agreement, in writing, should these products be published and redistributed for profit. You grant Valandria Publications the right to use the name you submit in connection with such content, if they so choose. All personal information provided via this website will be handled in accordance with the site’s online Privacy Notice.
6. INTELLECTUAL PROPERTY OWNERSHIP; RIGHTS GRANTED TO YOU.
6.1 Valandria Ownership. The Website and Services (including all generated content residing thereon) are the sole property of Valandria Publications, and are protected by copyright, trademark, and other intellectual property laws. We own and reserve all Intellectual Property Rights (defined below) and all other legal and exploitation rights in and to the Website and Services and all data and content included therein, including (without limitation) titles, themes, characters), objects, stories, dialog, catch phrases, locations, concepts, artwork, moral rights, any related documentation, storylines, and methods of operation.
6.2 Limited License. You may not use or exploit any part of the Website or Services except as expressly permitted by us in these Terms. You have no ownership right or interest or other rights in or to any part of the Website or Services. All rights granted to you under these Terms are granted by express license only and not by sale. No license or other rights will be created by these Terms by implication, estoppel, or otherwise. Any use of Valandria Publications’s Intellectual Property other than as specifically authorized by Valandria Publications, is strictly prohibited, and will terminate the rights granted herein. All goodwill generated by your use of Valandria Publication trademarks shall automatically inure to the benefit of Valandria Publications.
7. PRIVACY NOTICE.
8. SALE OF PRODUCTS.
From time to time, we may offer certain physical products for sale directly to you through our website. The terms and conditions pertaining to the sale of such products are governed by these Terms.
9. NO WARRANTIES.
VALANDRIA PUBLICATIONS PROVIDES THE WEBSITE SERVICES, AND ALL OTHER FEATURES, PRODUCTS AND DOCUMENTATION ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRNATIES OR REPRSENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, VALANDRIA PUBLICATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR RELIABLITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, we do not ensure continuous, uninterrupted, error-free, secure or virus-free operation of our Website or Services or that the same will function properly in combination with any third-party component, technology, hardware, software or system. Nor do we ensure that defects in any portion of the same will be corrected. We may change, modify, disable, suspend or remove any such feature, product, service, software, art, graphics or other content, in whole or in part, at its sole discretion. Valandria Publications does not control or endorse User Content or the related content, messages, facts, views, opinions, recommendations, data, files, video, audio, graphics or information exchanged by means of the Website or Services including, without limitation, information contained in the public postings areas of the Website or Service and information provided or statements made by a celebrity, "expert," or similar guests and, therefore, Valandria Publications specifically disclaims any liability resulting therefrom. You acknowledge that the Website and Services have not been developed to meet your individual requirements.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
10. LIMITATION ON LIABILITY; INDEMNIFICATION.
10.1 Limits to Valandria’s Liability to You. IN NO EVENT SHALL VALANDRIA PUBLICATIONS, WIX, OR EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY ANTICIPATED OR LOST PROFITS, REVENUE, DATA, CONTENT, HARDWARE, SOFTWARE, INJURY, INFORMATION OR SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, STRICT PRODUCT LIABILITY AND NEGLIGENCE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM POSSESSION, USE, INABILITY TO USE, FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR OTHER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR MALFUNCTION OF THE WEBSITES OR SERVICES (AND ANY COMPONENTS THEREOF), YOUR ACCOUNTS, CANCELLED ORDERS FOR PRODUCTS, UNAVAILIBILTY OF PRODUCT ANY FUNCTION OR FEATURE AVAILABLE, ACCESSED, DISTRIBUTED OR VIEWED THROUGH THE WEBSITES, THESE TERMS, THIRD PARTY WEBSITES OR SERVICES ACCESSED, DISTRIBUTED OR ADVERTISED IN OR THROUGH THE WEBSITES OR SERVICES, THE DOWNLOADING OR USE OF ANY SOFTWARE OWNED OR OPERATED BY US OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND SUPPLIERS, AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE TOTAL AGGREGATE LIABILITY OF VALANDRIA TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100.00 (USD).
11.2 Waiver of Equitable Remedies. YOU AGREE THAT NAY LOSS, DAMAGE, OR HARM YOU SUFFER ARE NOT IRREPARABLE AND OTHER REMEDIES WOULD BE ADEQUATE SUCH THAT YOU ARE NOT ENTITLED TO AND HEREBY WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST VALANDRIA PUBLICATIONS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, YOU AGREE THAT VALANDRIA PUBLICATIONS WOULD BE IRREPARABLY HARMED IF THE TERMS OF THIS AGREEMENT WERE NOT SPECIFICALLY ENFORCED THEREFORE FOREGOING SHALL NOT PRECLUDE VALANDRIA PUBLICATIONS FROM SEEKING ANY INJUNCTIVE RELIEF. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
11.3 Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD VALANDRIA PUBLICATIONS, CURRENT AND PAST OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, ACTION, SUIT, DEMAND, OR DAMAGES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES.
You acknowledge and agree that any materials, including but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to Valandria Publications in response to a request for such materials ("Feedback") are non-confidential and shall become the sole property of Valandria Publications. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address).
13. FORUMS AND COMMUNICATION SERVICES.
The Website or Services may include or make available chat, blogs, "wiki" features and forums that allow certain text, images, designs, logos, video, sound, code, data, and other materials and information, as well as the selection and arrangement thereof, to be written or created collaboratively, and group pages, and messaging functions, and other areas or services in which you or other users can create, post or store User Content. You are solely responsible for your use of such Services and you use them at your own risk. As with other Services, your use is subject to these Terms as well as any additional terms and conditions provided with those Services.
14. TERMINATION; SURVIVAL.
14.1 Your Termination. You may cease using the Website and Services, at any time.
14.2 Valandria Publications Termination. We may, at any time and at our sole discretion, suspend, terminate, deactivate, and delete your account, or suspend, terminate, or discontinue your access to or any part of the Website or Services with or without notice to you for any reason or for no reason at all, including without limitation if: (i) you breach any provision of these Terms; (ii) you infringe any third-party intellectual-property rights; (iii) Valandria Publications is unable to verify or authenticate any information you provide; (iv) your activity is inappropriate, in violation of the spirit of Valandria Publications (v) we havae stopped offering the Website or Services, in your region; (vi) doing so would be in the best interest of Valandria Publications or our Community.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Valandria Publications or others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Valandria Publications to remove any content or information from its Websites which we believe infringes the intellectual property rights of others upon receipt of and proper notification by the intellectual property owner or the owner's legal agent.
16.1 "Software" means the website and associated online medium used in accessing and using all Valandria Publications products. Software specifically includes all Virtual Items for which you have paid the associated fee or otherwise acquired a limited license to access.
16.2 "Services" means any services made available to you through or in connection with the Software, including but not limited to services to acquire, maintain and use Virtual Items, customer support, forums, websites, and other services we provide you including without limitation interactions with us, registering an account, contacting us, or posting in our forums ("Services")
16.3 "Intellectual Property Rights" means all copyrights, trademarks, service marks, trade dress, patents, trade secrets, confidential information, brand names, logos, goodwill, get up, trade, business or domain names, design rights, database rights, rights in inventions, know-how, rights in databases, rights in computer software, moral rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
17. Governing law; venue; time to bring claims.
17.1 Governing Law. These Terms, your use of the Website or Services, your interactions with Valandria Publications, and any issues arising out of them will be deemed entered into in Ohio and governed by laws of the State of Ohio, without regard to its choice of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17.2 Venue & Jurisdiction. To the extent not covered by Section 20 below, you and Valandria Publications both consent and agree to the exclusive jurisdiction and venue of the state and federal courts within Cuyahoga County, Ohio, for any claims arising out of these Terms, your use (or inability to use) of the Websites or Services, or your interactions with Valandria Publications.
17.3 Time to Bring Claims. In no event will you bring any claim, action, or proceeding related to or arising out of these Terms, your use (or inability to use) of the Websites or Services, or your interactions with Valandria Publications more than one (1) year after the cause of action arose.
17.4 Fees. In the event any litigation is brought by either party in connection with these Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
18.1. Language; Interpretation. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. You waive any right you may have under the law of your country to have these Terms written or construed in the language of any other country. The headings of sections, paragraphs and subparagraphs of these Terms are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections, paragraphs or subparagraphs.
18.2. Compliance with Law; U.S. Export Controls. You will comply with all applicable laws regarding your installation, copying and use of the Website and Services. No feature, function, software or any component thereof may be downloaded from the Website or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. You further agree not to upload any data or software that cannot be exported without prior written government authorization including, but not limited to, certain types of encryption software.
18.3. Equitable Remedies. You agree that Valandria Publications would be irreparably damaged if these Terms were not specifically enforced. Therefore, you agree that we will, in addition to any other remedy it may have under these Terms, at law or in equity, be entitled without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms.
18.4. Severability; Waivers. If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of Valandria Publications to insist upon or enforce any of the provisions of these Terms, or to exercise any rights or remedies under these Terms, will not be construed as a waiver of Valandria Publications’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
18.5. No Assignment. These Terms and the rights granted herein are personal to you and may not be assigned.
18.6. Trademark and Copyright Notification. Unless otherwise indicated, all trademarks appearing on the Websites and Services are the property of Valandria Publications and their official team. All rights reserved. All other trademarks and copyrightable content are the property of their respective owners and used under license.
18.7. Force Majeure. Valandria Publications shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause such as acts of god, war, terrorism, embargoes, acts of civil or military authorities, the robot uprising, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
18.8 Blocked Parties. You may not use our Websites or Services if: (i) the Office of Foreign Assets Control of the United States Treasury Department lists you as a specially designated national and/or blocked person; (ii) the Bureau of Industry and Security of the United States Department of Commerce lists you on its denied persons list or lists of parties of concern; or (iii) you're on any similar list promulgated by an official agency or department of the United States government. You warrant and represent that you're not located in, under the control of, or a national or resident of any embargoed country.
18.9 Severability. Should any portion of this Section be found illegal or unenforceable, you agree that such portion shall be severed, and the remainder of this Section shall be given full force and effect.
A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.