Terms of Use

Thank you for visiting Vel Tye (the “Site”,”we” “us” “our” “POEM”). Your use of the Site

indicates that you have read, understood and agree to these terms of use (“Terms”). If

you do not agree to these Terms, you may not access or use the Site. The Terms may

be modified from time to time without notice to you or the general public.

PRIVACY

You may be asked to provide certain information to us. Our use of any information you

provide via the Site shall be governed by our Privacy Policy. Please read our Privacy

Policy. By using the Site, you acknowledge and agree you are solely responsible for the

accuracy, use and content of such information.

USE OF VEL TYE

The Site is available to users 18 years and older. You represent that you are not a

person barred from receiving services under the laws of the United States, other

applicable jurisdiction, and other countries. In consideration of your use of the Site,

during registration and at all times you voluntarily enter information into your account;

you agree to give truthful, accurate, current and complete information about yourself. If

you breach any of these terms and conditions, your right to use the Site will cease

immediately. We reserve the right to revoke your account, refuse service, remove or

edit content in its sole discretion for any reason at any time including as a result of a

violation of these Terms. Accounts are void where prohibited by law.

Vel Tye and its partners strive for complete accuracy in description and pricing of the

products on the Site. However, due to the nature of the internet, occasional glitches,

service interruptions or mistakes may cause inaccuracies to appear on the Site. You

acknowledge that temporary interruptions in the availability of the Site may occur from

time to time as normal events. Also, we may decide to cease making available the Site

or any portion of the Site at any time and for any reason. Under no circumstances will

Vel Tye be held liable for any damages due to such interruptions or lack of availability.

PROPRIETARY RIGHTS

As between you and Vel Tye (or other company whose marks appear on the Site), Vel

Tye is the owner and/or authorized user of any trademark, registered trademark and/or

service mark appearing on the Site, and is the copyright owner or licensee of the

Content and/or information on the Site, unless otherwise indicated.

Except as otherwise provided herein, use of the Site does not grant you a license to any

Content, features or materials you may access on the Site and you may not modify,

rent, lease, loan, sell, distribute or create derivative works of such Content, features or

materials, in whole or in part. Any commercial use of the Site is strictly prohibited,

except as allowed herein or otherwise approved by us. You may not download or save a

copy of any of the Content or screens for any purpose except as otherwise provided by

Vel Tye. If you make use of the Site, other that as provided herein, in doing so you may

violate copyright and other laws of the United States, other countries, as well as

applicable state laws and may be subject to liability for such unauthorized use. We do

not grant any license or other authorization to any user of our trademarks, registered

trademarks, service marks, other copyrightable material or any other intellectual

property by including them on the Site.

The information on the Site including, without limitation, all site design, text, graphics,

interfaces, and the selection and arrangements is protected by law including copyright

law. Product names, logos, designs, titles, graphics, words or phrases may be protected

under law as the trademarks, service marks or trade names of Vel Tye. Such

trademarks, service marks and trade names may be registered in the United States and

internationally. Without our prior written permission, you agree not to display or use our

trademarks, service marks, trade names, other copyrightable material or any other

intellectual property in any manner.

The Site may include features and services that allow you to post to the Site. Unless we

have specifically requested or agreed otherwise with you in writing, we do not wish to

receive any confidential or sensitive information from you, and any information

contained in your User Content may be used in the ways described by our Privacy

Policy. You are in the best position to know if the Artist/User Content you provide may

be legally used in connection with the Site. Accordingly, before providing any Artist/User

Content, please be sure the Artist/User Content will not violate or contribute to the

violation of any third party rights or applicable laws. .

If you post any Content on the Site or otherwise provide any Content to Vel Tye, you

remain the owner of any intellectual property rights you have to your Content, but we

require that you grant us the following rights in order to operate the Site:

1. grant us a non-exclusive, royalty-free, sub-licensable through multiple tiers, perpetual, irrevocable,

worldwide right and license to use, reproduce, distribute, modify, translate, create derivative works

from, publish, publicly perform and publicly display such Content and any names, likenesses or

trademarks depicted in such Content, in any media now known or later developed, only for the

purposes of developing, promoting and providing the Site;

2. you represent and warrant that you have all necessary rights to grant us this license and that such

Content does not and will not violate or contribute to the violation of any third party rights, including

but not limited to any copyrights, moral rights, trademark rights, privacy rights or publicity rights; and

3. you agree to waive any claims against Vel Tye arising from the use of such Content by us or any

third party and based on any copyrights, moral rights, trademark rights, privacy rights or publicity

rights you may have in connection with such Content.

RESTRICTIONS

The Site may be used only for lawful purposes by individuals using authorized services

of Vel Tye. You are responsible for your own communications, including the upload,

transmission and posting of information, and are responsible for the consequences of

their posting on or through the Site. Vel Tye specifically prohibits any use of the Site,

and requires all users to agree not to use the Site, for any of the following:

1. Posting any information which is incomplete, false, inaccurate or not your own;

2. Impersonating another person;

3. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil

liability or otherwise violate any city, state, national or international law or regulation or which fails to

comply with accepted Internet protocol;

4. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright

owner or have the permission of the owner to post it;

5. Posting material that reveals trade secrets, unless you own them or have the permission of the

owner;

6. Posting material that infringes on any other intellectual property, privacy or publicity right of another;

7. Transmitting or transferring (by any means) information or software derived from the Site to foreign

countries or certain foreign nations in violation of US export control laws;

8. Attempting to interfere in any way with the Site’s or Vel Tye’s networks or network security, or

attempting to use the Site’s service to gain unauthorized access to any other computer system;

9. Abusing special discounts, awards or incentives offered by Vel Tye. Unless otherwise specified, only

one offer is value per person, maximum two per household;

10. Introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or

technologically harmful.

TERMINATION

We reserve the right, for any reason, in our sole discretion and without notice to you, to

terminate, change, suspend or discontinue any aspect of the Site, including, but not

limited to: information, products, data, text, music, sound, photographs, graphics, video,

messages or other materials (“Content”), features and/or hours of availability, and we

will not be liable to you or to any third party for doing so. We may also impose rules for

and limits on use of the Site or restrict your access to part, or all, of the Site without

notice or penalty. We have the right to change these rules and/or limitations at any time,

in our sole discretion.

COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright

infringement, please provide us with the following written information: (i) an electronic or

physical signature of the person authorized to act on behalf of the owner of the

copyright interest; (ii) a description of the copyrighted work that you claim has been

infringed upon; (iii) a description of where the material that you claim is infringing is

located on the Site; (iv) your address, telephone number, and e-mail address; (v) a

statement by you that you have a good-faith belief that the disputed use is not

authorized by the copyright owner, its agent, or the law; and (vi) a statement by you,

made under penalty of perjury, that the above information in your notice is accurate and

that you are the copyright owner or authorized to act on the copyright owner’s behalf. If

you become aware that material appears on this site in violation of a copyright please

notify us by email at info@veltye.com.

PURCHASING

We use (Paypal) as our third party service provider for payment services such as credit

card acceptance and merchant settlement. By using any of these payment services in

connection with the Site, you agree to be bound by the (Paypal) Terms of

Use and Privacy Policy and you consent and authorize us to delegate the authorizations

and share the information you provide to us with Paypal to the extent required to

provide payment services to you.

MOBILE APPLICATION

Your use of this application is subject to these Terms and our Privacy Policy, and is also

subject to any other agreements or policies we may post on such applications or

otherwise make available in connection with such applications.

INTERNATIONAL USE

Vel Tye controls and operates the Site from our offices in the United States of America,

and all information is processed within the United States. We do not represent that

materials on the Site are appropriate or available for use in locations outside of the

United States and Canada. Persons who choose to access the Site from other

locations do so on their own initiative, and are responsible for compliance with local

laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with

your use of the Site. Without limiting the generality of the foregoing, you agree to

comply with all applicable laws regarding the transmission of technical data exported

from the United States or the country in which you reside.

By providing any personal information to the Site, all users, including without limitation,

users in the European Union, fully understand and unambiguously consent to the

collection and processing of such information in the United States.

THIRD PARTY WEBSITES

The Site may include links to other websites (such as Twitter, Facebook, Pinterest,

Instagram, YouTube and LinkedIn) that we do not own or control and features that allow

you to use third party social media services. Your use of third party websites or services

is exclusively at your own risk and may be subject to the policies of those websites or

services. Links to and from the Site do not mean that we endorse or are associated with

any third party website or service or any Content accessible on any other website or

service. We are not liable or responsible for any claim, loss or damage arising from your

use of any third party website or service accessed in connection with the Site.

We are not responsible for monitoring any communications or Content on the Site and

we are not involved in user-to-user interactions. We cannot always identify every user

and cannot guarantee that any user is who they claim to be. It is your responsibility to

be careful when interacting with other users and you acknowledge that despite the

restrictions in this Agreement, others may use the Site in a way that is deceptive,

fraudulent, harmful, offensive or illegal. We make no representation or warranty with

regard to the conduct or Content of any third party using the Site.

You agree to release Vel Tye and our officers, directors, agents and employees from

any claims, demands, disputes or liabilities, of any kind or nature, arising in any way

from the use of the Site by any other Vel Tye user or third party, including but not limited

to any claim arising from any interaction or transaction between you and any other Vel

Tye user, or from any unauthorized access to or use of your Vel Tye account.

INDEMNITY

You agree to defend, indemnify and hold Vel Tye, its directors, officers, employees,

agents, vendors, partners, contractors, distributors, representatives and affiliates

harmless from any and all claims, liabilities, damages, costs and expenses, including

reasonable attorneys’ fees, in any way arising from, related to or in connection with your

use of the Site, your violation of any law, your violation of the Terms or the posting or

transmission of any Content, or materials on or through the Site by you, including, but

not limited to, any third party claim that any information or materials you provide

infringes any third party proprietary right. You agree to cooperate as fully as reasonably

required in the defense of any claim. Your indemnification obligation will survive the

termination of these Terms and your use of the Site.

DISCLAIMER OF WARRANTIES

You understand and agree that: the site, including, without limitation, all content,

function, materials and services is provided “as is,” without warranty of any kind, either

express or implied, including, without limitation, any warranty for information, data, data

processing services or uninterrupted access, any warranties concerning the availability,

accuracy, completeness, usefulness, or content of information, and any warranties of

title, non-infringement, merchantability or fitness for a particular purpose. company does

not warrant that the site or the function, content or services made available thereby will

be timely, secure, uninterrupted or error free, or that defects will be corrected. Vel Tye

makes no warranty that the site will meet users’ expectations or requirements. no

advice, results or information, or materials whether oral or written, obtained by you

through the site shall create any warranty not expressly made herein. if you are

dissatisfied with the site, your sole remedy is to discontinue using the site.

Any material downloaded or otherwise obtained through the use of the site is done at

your own discretion and risk and that you will be solely responsible for any damage that

results from the download of any such material.

Vel Tye does not endorse, warrant or guarantee any products or services offered or

provided by or on behalf of third parties on or through the site. Vel Tye is not a party to,

and does not monitor, any transaction between users and third parties without the direct

involvement of company.

LIMITATION OF LIABILITY

in no event shall Vel Tye, its affiliates or any of their respective directors, officers,

employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors,

affiliates vendors, contractors, representatives or content or service providers be liable

for any indirect, special, incidental, consequential, exemplary or punitive damages

arising from or directly or indirectly related to the use of, or the inability to use, the site

or the content, materials and function related thereto, including, without limitation, loss

of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute

services, even if company or its representative or such individual has been advised of

the possibility of such damages. some jurisdictions do not allow the limitation or

exclusion of liability so some of the above limitations may not apply to you. In no event

shall the total liability of Vel Tye to you for all damages, losses, and causes of action

(whether in contract or tort, including, but not limited to, negligence or otherwise) arising

from the terms or your use of the site exceed, in the aggregate, $100.00 without limiting

the foregoing. In no event shall Vel Tye or its respective officers directors, employees,

agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third

parties providing information on this site have any liability for any damages or losses

arising out of or otherwise incurred in connection with the loss of any data or information

contained in your account or otherwise stored by or on behalf of Vel Tye.

LEGAL JURISDICTION

You agree that the laws of the state of North Dakota, without regard to its conflicts-oflaw

rules, shall govern these Terms. Please note that your use of the Site may be

subject to other local, state, national, and international laws. You expressly agree that

exclusive jurisdiction for resolving any claim or dispute with Vel Tye relating in any way

to your use of the Site resides in the state and federal courts of North Dakota, and you

further agree and expressly consent to the exercise of personal jurisdiction in the state

and federal courts of North Dakota. In addition, you expressly waive any right to a jury

trial in any legal proceeding against Vel Tye its parent, subsidiaries, divisions, or

affiliates or their respective officers, directors, employees, agents, or successors under

or related to these Terms. Any claim or cause of action you have with respect to use of

the Site must be commenced within one (1) year after the claim arises.

GENERAL

The Terms constitute the entire agreement between you and Vel Tye and govern your

use of the Site, superseding any prior agreements between you and Vel Tye. You also

may be subject to additional terms and conditions that are applicable to certain parts of

the Site. The provisions contained herein supersede all previous notices or statements

regarding our Terms with respect to this Site. You agree that no joint venture,

partnership, employment, or agency relationship exists between Vel Tye and you as a

result of this Agreement or your use of the Site.

You may not assign the Terms or any of your rights or obligations under the Terms

without our express written consent. Our failure to exercise or enforce any right or

provision of the Terms shall not constitute a waiver of such right or provision. If any

provision of the Terms is found by a court of competent jurisdiction to be invalid, the

parties nevertheless agree that the court should endeavor to give effect to the parties’

intentions as reflected in the provision, and the other provisions of the Terms remain in

full force and effect.

Any claim or cause of action you may have with respect to POEM must be commenced

within one (1) year after the claim or cause of action arose. The Terms inure to the

benefit of Vel Tye’s successors, assigns and licensees. The section titles in the Terms

are for convenience only and have no legal or contractual effect.

CONTACTING US

To contact us with any questions or concerns in connection with this Agreement or the

Site, or to provide any notice under this Agreement to us please write to us

at info@veltye.com.