Terms of Service
Copyright and Intellectual Property. The content of our Site and namely but not exclusively the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the exclusive property of and owned by Velty or its affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Except as expressly provided in Section 3 hereinafter, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.
Use of the Site. You may access, copy, download or print the content of our Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. Velty or its licensors or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Velty’ sole discretion. Velty neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.
Username/Password. In the event the Site is ever structured such that you are able to create an account on the Site, you may be required to be at least eighteen (18) years old and create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from Velty and its affiliated entities.
Health Information. The Food and Drug Administration (FDA) has not evaluated any statements or materials on our site nor products we sell and distribute through our online store. Neither the FDA or any regulatory agency endorses or approves any products available on our site or product ingredients. Our products on the Velty website and online store should not be expected to diagnose, treat, cure, or prevent any diseases. We provide information and materials on our site strictly for educational purposes; you should not use anything from our site as a substitute for professional medical advice or care. Our information is not intended to treat or diagnose any health issues or illnesses without a doctor's approval. For those of you pregnant, taking medication, nursing, or have medical conditions, we firmly advise consulting with a health professional before using Velty products.
Information Deemed Non-Confidential. You acknowledge that you are responsible for any material you may submit via the Site or otherwise through the internet to Velty, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to Velty through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Site or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Velty under any fiduciary or other obligation.
- Rules for Using the Site. You agree to follow the conduct rules listed below:
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
- Information provided or posted by you will not violate the trade secret rights of any third party.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
- You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
- You will not use the Site to transmit any spyware, virus or similar destructive program or code.
- You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise ( http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Velty does not endorse any of the products or services identified on such sites.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Velty makes no guarantee that information on the Site is error-free, complete or current. Velty reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, Velty may decline your offer or Velty may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by Velty or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Velty or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
Velty DOES NOT GUARANTEE THAT THE SITE OR ITS CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, MEET YOUR REQUIREMENTS OR WILL NOT BE INTERRUPTED, TIMELY, SECURE OR FREE OF ERROR. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO REFRAIN FROM USING THE SITE.
SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR SITE ARE AT YOUR OWN RISK AND PERIL. Velty ASSUMES NO LIABILITY FOR ANY DAMAGE OR VIRUS WHICH COULD AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BY REASON OF YOUR ACCESS TO, USE OR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR FOR ANY ILLEGAL INTRUSION OR INTERVENTION IN THE IT SYSTEMS.
Velty RESERVES THE RIGHT TO INTERRUPT OR DISCONTINUE ANY OR ALL OF THE FUNCTIONALITY OF ITS SITE. Velty ACCEPTS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INTERRUPTION OR DISCONTINUANCE OF ANY OR ALL FUNCTIONALITY OF THE SITE RESULTING FROM ACTIONS OR OMISSIONS OF Velty OR ANY THIRD PARTY.
a. Damaged Products. If any such Products ordered by you shall be proved to Velty satisfaction to be damaged, Velty shall refund the price of the damaged Products in full. Such refund shall be Velty sole obligation and your exclusive remedy for any deficiency in Products ordered. Velty only refunds Products ordered if they are damaged. Velty does not offer exchanges for any Products. Notwithstanding anything contained herein to the contrary, Velty shall have no liability whatsoever, with respect to damages resulting from (i) changes or modifications made by you or a third party and (ii) the improper use or maintenance of the Products by you or a third party.
b. Refund Procedure. Once your request for a refund is received and reviewed, Velty will send you an email to notify you that we have received your request. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed , and a credit will be applied to your credit card or original method of payment, within fourteen (14) days of email confirmation from Velty. If you haven’t received a refund yet, check your bank account and contact your credit card company, it may take some time before your refund is officially posted to your account. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org. Only regularly priced Products may be refunded, any Products that are offered as sale items are not eligible for a refund. Notwithstanding anything to the contrary, Velty reserves the right to refuse any requested refund, if Velty determines, in its sole, but reasonable discretion, that you are promoting, marketing, advertising, offering to sell or selling any of Velty’s Products on or through any online marketplace, online service (e.g., Ebay, Amazon Marketplace or similar websites) or otherwise without the prior written consent of Velty (in each instance).
c. Refund Requirements. Velty shall only provide refunds that are submitted within fourteen (14) days following the date of your original order and all such refund requests must be accompanied by (i) written documentation outlining the reason for such refund request and (ii) photographic evidence of such damaged Products. Further, to be eligible for a refund, your ordered Products must be unused and in the same condition that you received them. The Products must also be in the original packaging. Velty only provides refunds from purchases made on getvelty.com. To request a refund for your order, please contact us via email and include all of the requirements set forth herein. For the avoidance of doubt, Velty shall not provide you with a refund if you do not abide by and/or meet all of the requirements set forth in this Section 19.