Terms of Service
1. Terms of Payment and Refunds
Payment for the Service is based on the specifications and interests of each User individually and is subject to change if the specifications or interests are altered. In some cases, when the creation of a photo or video material is requested by the User, the payment can consist of a fee for the Service itself, and of product samples used in order to provide the Service. If not stated otherwise, all payments to RIPT BMX shall be in U.S. Dollars. Unless RIPT BMX and the User agree otherwise, RIPT BMX should carry out the Service when the User has accepted the payment request in their RIPT BMX account, and the charge for the service has been successful. The User shall be responsible for paying all sales taxes, VAT, GST, and other taxes and duties associated with the Service (if and as applicable). If the User has ordered a Service and RIPT BMX has begun working on it, no refunds will be given, except in cases when there has been miscommunication from RIPT BMX's side regarding the visual outcome of the Service or when Products of EVB denies to carry out the Service according to the User's description or visual references due to copyright issues. In this case the funds should be refunded to the User’s Products of EVB Wallet or according to the payment method used. In case there is a possible defect or Products of EVB believes that by continuing the Service there might be an infringement of third party rights, in particular, intellectual property rights' infringement, the Service is put on hold and Products of EVB agrees with the User how the Service could be continued.
3. Intellectual Property Rights
The User is responsible for submitting copyright-free and original materials, reference images or description. You acknowledge and understand that you will carry full liability in the case that materials, reference images, or description of a design provided by You infringe the rights of a third party. The File created by Products of EVB through the Service and delivered to the User shall be deemed to be a “work made for hire” explicitly ordered or commissioned by the User within the meaning of copyright laws of the U.S. or any similar or analogous law or statute of any other jurisdiction, and the User shall be deemed to be the sole and exclusive author of the File for all purposes and shall own all right, title, and interest in and to the File. The only exception to this provision is the ownership of the Files that are not based on the Products of EVB User's interests and specifications (e.g. photo or video of manufacturing blank items). For such Files, Products of EVB grants you a revocable, limited, royalty-free license for an indefinite period of time to use, process and customize the Files in order to promote the sale of the User's products provided by Products of EVB. If the File can't be deemed to be a “work made for hire” within the meaning of copyright laws of the U.S. or any similar or analogous law or statute of any other jurisdiction as described above, it will be considered that the File and its exclusive rights have been transferred by this Agreement into the ownership of the User without performing separate legal actions.
4. Delivery of Designs and Files
In case the Service is aimed at providing the User with a graphic design, Products of EVB submits the draft design to the User to review. The User has the right to ask Products of EVB to make minor improvements or changes as agreed in the individual specification of the Service in the submitted design draft before the File is finally delivered to the User. Products of EVB will use reasonable efforts to consider or attempt to make the improvements or changes requested by the User, and as a result of the Service will deliver the File. The User owns the right to complain about design draft received in the format of the File and Products of EVB shall undertake making the necessary changes and/or improvements, depending on the revision count agreed beforehand between the User and Products of EVB. Any improvements or changes that are requested and require additional effort and work from Products of EVB such as (but not limited to) changing the idea or appearance of the design, adding additional elements not communicated to Products of EVB before starting the Service, making more improvements or changes than agreed beforehand, etc. will result in additional costs to the User. Such additional costs amount to 20% of the Service costs. Products of EVB will bear all associated costs if there is a need to improve or change the File due to the Service not being carried out properly from Products of EVB’s side. The User's only remedy in such cases is an improved or changed File. All Files made as a result of the Service should be delivered to the User by default in the agreed format. For certain types of Service, for e.g. photography and/or video, the delivery of Files could be passed through cloud-based file sharing links.
Products of EVB provides the File to the User no later than on the date agreed after the User has made the payment, unless Products of EVB lacks information regarding the specifications or performance of the Service or finds a possible defect in the description or visual references or indications of third party rights infringement. In case of a possible defect or Products of EVB believes that by continuing the Service there might be an infringement of third party rights, in particular intellectual property rights' infringement, the Service is put on hold and Products of EVB agrees with the User how the Service should be continued. In case the User doesn't respond to Products of EVB about necessary improvements within a two-month period from the date when the design draft has been submitted for the User to review, it's considered that the Service has been accepted by the User and Products of EVB should provide the User with the File it has, regardless whether the User had confirmed it or not. Products of EVB should preserve the File for one year starting the day it has been provided to the User.
The User indemnifies and holds Products of EVB harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User's breach of this Agreement, use (or misuse) of the Service or violation of any law or the rights of a third party.
7. Law and Jurisdiction
If a dispute arises between the User and Products of EVB, the User is encouraged to first contact Products of EVB directly to seek a resolution. Products of EVB will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any dispute or claim arising out of or in connection with this Agreement or its formation (including noncontractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of Illinois.
Products of EVB reserves the right, at its discretion, to modify this Agreement at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User's acceptance of the changes in the terms and conditions.
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to the User. Headings are for reference purposes only and do not limit the scope or extent of such section. Products of EVB 's failure to act with respect to a breach by the User or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement.