Terms and Conditions

Velvary Pty Ltd Terms of Service (“Agreement”)

This Agreement was last modified on January 20, 2015.

Please read these Terms of Service completely using Vanilla Beans Icon Maker which is owned and operated by Velvary Pty Ltd. This Agreement documents the legally binding terms and conditions attached to the use of the Site at Velvary.com.au, and by extension the services included.

By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, you are agreeing to be bound by these Terms of Service. V

Disclaimer of Warranties.

The Website and its services are provided “as is”. Velvary Pty Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Velvary Pty Ltd nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Velvary Pty Ltd, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Velvary Pty Ltd under this agreement during the twelve (12) month period prior to the cause of action.Velvary Pty Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Intellectual Property

The Site and all of its original content are the sole property of Velvary Pty Ltd and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws. By uploading content to velvary.com.au, you are stipulating that Velvary is licensed to display for publish viewing on velvary.com.au websites.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Velvary Pty Ltd Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Responsibility of Website Visitors

Velvary Pty Ltd has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Velvary Pty Ltd does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Velvary Pty Ltd disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Indemnification

You agree to indemnify and hold harmless Velvary Pty Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Vanilla Beans Software

All Vanilla Beans services provided by Velvary Pty Ltd are subject to GPL License V2 unless otherwise stipulated. Velvary is not responsible for financial, physical or personal loss considered to be a result of using Vanilla Beans Software.

 

Termination

Velvary Pty Ltd reserves the right to terminate your access to the Site and services, without any advance notice.

Links to Other Websites

Our Site does contain a number of links to other websites and online resources that are not owned or controlled by Velvary Pty Ltd.

Velvary Pty Ltd has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site.

Governing Law

This Agreement is governed in accordance with the laws of Sydney, NSW, Australia.

Changes to This Agreement

Velvary Pty Ltd reserves the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service.

Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the Velvary.com.au site immediately.

Contact Us

If you have any questions about this Agreement, please feel free to contact us here.