1. YOUR ACCEPTANCE
These Terms and Conditions constitute a binding agreement between You and Evilport Sp. z o.o. and its parents, subsidiaries, affiliates, successors, and assigns (collectively "Evilport Sp. z o.o.") governing Your use of the Website. You are authorized only to use the Website if You agree to abide by all applicable laws and to these Terms and Conditions. Please read these Terms and Conditions carefully. If You do not agree to these Terms and Conditions, please do not use and/or visit the Website.
2. WEBSITE ACCESS
Evilport Sp. z o.o. hereby grants You permission to use the Website as set forth in these Terms and Conditions, provided that: (i) Your use of the Website as permitted is solely for Your personal, noncommercial use; (ii) You will not copy or distribute any part of the Website in any medium without Evilport Sp. z o.o.’s prior written authorization; (iii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) You will otherwise comply with the Terms and Conditions.
Evilport Sp. z o.o. also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
You agree not to use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the Evilport Sp. z o.o. servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You further agree not to access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, Evilport Sp. z o.o. grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Evilport Sp. z o.o. reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation individual names, account names, email addresses, or other user identifying information from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
3. THIRD PARTY WEBSITES
The Website may contain links to third party websites that are not owned or controlled by Evilport Sp. z o.o. Evilport Sp. z o.o. has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that Evilport Sp. z o.o. is not responsible for the content on the Internet or on webpages that are contained outside the Website. By using the Website, You specifically release Evilport Sp. z o.o. from any and all liability arising from Your access or use of any third party website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or though the Website, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third parties.
4. Product Sales
By placing an order using Evilport Sp. z o.o.'s site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with Evilport Sp. z o.o. only (no contract exists between the customer and any applicable shop owner). Evilport Sp. z o.o. sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. The offer is only accepted when Evilport Sp. z o.o. ships the ordered product to the customer and confirms the shipment to the customer in a second e-mail. Evilport Sp. z o.o. cannot guarantee the continued availability of any products or designs found on its site.
Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. Evilport Sp. z o.o. cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.
Evilport Sp. z o.o. reserves the right to reject orders for any reason or no reason. If Evilport Sp. z o.o. rejects an order, it will notify the customer.
Evilport Sp. z o.o.'s performance of an order is completed when the shipment provider completes delivery to the customer's address, according to the records of the shipment provider. If there is an interruption of delivery, and Evilport Sp. z o.o. cannot replace the order in a reasonable amount of time, Evilport Sp. z o.o. will notify the customer immediately.
If there is a product defect or if you are dissatisfied with your order for any reason, Evilport Sp. z o.o.'s return policy will apply, which Evilport Sp. z o.o. may change at any time in its sole discretion.
5. Title to Products
Until Evilport Sp. z o.o. receives full payment for an order and the order is shipped, title to the goods remains with Evilport Sp. z o.o. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).
6. INTELLECTUAL PROPERTY RIGHTS
The content on the Website including without limitation, all text, graphics, images, photos, computer code, software, scripts, multimedia files, , interactive features trademarks, service marks and logos (the “Content”) are owned by or licensed to Evilport Sp. z o.o., and are subject to copyright and other intellectual property rights under Polish and foreign laws and international conventions. Content on the Website is provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Evilport Sp. z o.o. or as expressly provided herein. Evilport Sp. z o.o. reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree not to engage in the use, copying, or distribution of any of the Content for any commercial purposes. If You download or print any Content for personal use, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content.
7. RULES OF CONDUCT
The following rules of conduct apply to Your use of the Website and to all User Submissions, whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.
You may not, in connection with the Website:
Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation, or otherwise engage in commercial activities within Evilport Sp. z o.o.;
Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
Provide false or deceptive information;
Solicit personal information from anyone under 18;
Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
Delete, add or otherwise change other people’s User Submissions.
8. Copyrighted Materials for Limited Use
The Website contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as“Content”). The Website and all Content are the copyrighted property of Evilport Sp. z o. o., and/or its subsidiaries or the copyrighted property of parties from whom Evilport Sp. z o. o. has licensed such property. All rights in this Website and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms and Conditions. Evilport Sp. z o. o. reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Evilport Sp. z o. o. remain the property of Evilport Sp. z o. o. and its licensors.
The logo design tools provided on this Website employ a limited number of elements, including icons, fonts, colour schemes, and design effects. Evilport Sp. z o. o. reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Evilport Sp. z o. o. customers may use the design tools to create logos that have similar or identical combinations of these elements and Evilport Sp. z o. o. does not guarantee that your logo will not have similarities to logos designed and used by other parties. Vistaprint provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.
9. MODIFICATIONS TO THE WEBSITE
Evilport Sp. z o. o. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Evilport Sp. z o. o. shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website
Evilport Sp. z o. o. may, under certain circumstances and without prior notice, immediately disable or terminate Your Evilport Sp. z o. o. account, access to the Website, or any other Evilport Sp. z o. o. services. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) a request by You (self-initiated account deletions); (iv) discontinuance or material modification to the Website (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) engagement by You in fraudulent or illegal activities; and/or (viii) nonpayment of any fees owed by You in connection with the Website or any other Evilport Sp. z o.o. product or service.
11. WARRANTY DISCLAIMER
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL Evilport Sp. z o. o., OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF Evilport Sp. z o. o., BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Evilport Sp. z o. o. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Evilport Sp. z o. o. from its facilities in Poland. Evilport Sp. z o. o. makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. Evilport Sp. z o. o. is not intended for children under 13. If You are under 13 years of age, then please do not use the Evilport Sp. z o. o. Website.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by Evilport Sp. z o. o. without restriction.
16. INTELLECTUAL PROPERTY
The goldenfive.com Website is owned by Evilport Sp. z o. o. No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Evilport Sp. z o. o.
All of the Evilport Sp. z o. o. trademarks, including but not limited to goldenfive.com, are owned by Evilport Sp. z o. o. and may not be used for any purpose without the prior written permission of Evilport Sp. z o. o.
In the event any provision contained in these Terms and Conditions is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in every other respect and the remaining provisions of these Terms and Conditions will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Evilport Sp. z o. o.’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Evilport Sp. z o. o. reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is Your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify Your assent to and acceptance of its revised terms. These Terms and Conditions constitute an agreement that shall be governed by and construed in accordance with laws of Poland without regard to its conflict of law provisions and without regard to the actual state or county of incorporation or residence of either party. You agree to submit to the personal and exclusive jurisdiction of the courts located in Poznań, Poland, in connection with any action arising under this Agreement. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18. VIOLATIONS OF THESE TERMS AND CONDITIONS
Please report any violations of the Terms and Conditions, including objectionable User Submissions or behavior, to email@example.com. Please state the reasons for Your concern and provide a link to the User Submission, other material or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Evilport Sp. z o. o. in its sole discretion may investigate the matter and take such action as Evilport Sp. z o. o. determines to be appropriate.