Welcome to Momentum Brand Atelier!
These terms and conditions outline the rules and regulations for the use of Momentum Brand Atelier Website, located at www.momentumbrandatelier.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Momentum Brand Atelier if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of pl. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
www.michalinaomeler.com may change these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of www.thebrandcave.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
Definitions
In this Agreement the following words and expressions shall have the following meanings:
“Digital Goods” means any intangible digital product or service sold and delivered by “Momentum Brand Atelier”.
“Final Deliverables” means the final customized files delivered to the “Customer”.
“Store” means any web based service operated by “Momentum Brand Atelier” for the purposes of marketing and retailing digital goods.
“Customer” means you the person purchasing “Digital Goods” from “Momentum Brand Atelier”.
“Author” means the person that has the Intellectual Property rights or rights to sell the “Digital Goods” via the “Store”.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
Conditions of Sale
These Conditions of Sale govern the sale of “Digital Goods” by “Momentum Brand Atelier” to the “Customer”.
The Contract
When you purchase “Digital Goods” from “Momentum Brand Atelier” via any of our “Store” or "Work With Me" venues you will be required to click the “I Agree” tick box to complete the order. By clicking the “I Agree” tick box you are accepting these terms and conditions of sale. The contract for the purchase of any “Digital Goods” will be between the “Customer” and “Momentum Brand Atelier” and will only be formed when “Momentum Brand Atelier” accept and confirm via email to the “Customer”, and we have received payment in full, or first payment in case of split payments, for the “Digital Goods”. Until we confirm to go ahead with the “Digital Goods” there is no contract between the “Customer” and “Momentum Brand Atelier” for the “Digital Goods”.
“Momentum Brand Atelier” reserves the right, at our sole discretion, to reject any order we receive, and refund you in full if we think your business and name is not the right fit for the “Digital Goods”.
By placing an order with “Momentum Brand Atelier” you agree you are:
• legally capable of entering into binding contracts
• at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these conditions of sale to you so that you fully understand them
• and you understand that the “Digital Goods”/“Final Deliverables” do not include:
Cancellation and Refunds
All custom services require purchasing and upfront payment, in full or first payment in case of split payments, as well as signing of an agreement contract. If the “Customer” requests a refund after purchasing, before the design phase begins, the "Customer" will receive a refund to the amount of 50% of the original purchase price to cover for a booked spot. Once the design stage begins no refund will be made due to the time put in to work on the project.
All sales of “Digital Goods” are final. Refunds for any “Digital Goods” sold by “Momentum Brand Atelier” will only be considered for a refund only if the “Digital Goods” were incorrectly described on the “Store”.
Any exchanges can only be made exclusively in case of "Digital Goods" that require additional customization and therefore are not immediately delivered after purchase.
All refunds will only be issued to the transaction ID related to the sale of the “Digital Goods”.
Price and Payment
When purchasing any “Digital Goods” from “Momentum Brand Atelier”, you understand that until we send you confirmation, we withhold the right to decline and refund your purchase. In the case that we deem your proposal to be unsuitable for the brand, you will be first contacted to discuss our concerns and what the possibilities are. If we cannot come to a workable agreement, we will refund you the full amount.
Prices can be converted to your local currency during the payment procedure.
Payment must be made using a valid credit/debit card or other possible option on checkout site.
Full payment or first payment in case of split payment, an agreement contract and a completed customization form must be verified before design work is undertaken. When payment, completed customization form and contract has been verified, the client will be sent a confirmation and acceptance e-mail, marking the beginning of the design process.
The price of any “Digital Goods” will be as quoted on the “Store” at the then current time, except in the case of obvious error. This price will include legally applicable VAT. The “Customer” agrees they may have to provide their country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. We will not accept any offers for “Digital Goods” other than at the then current price. Payment for all “Digital Goods” is processed securely by various third party payment gateway services and will be handled in the currency advertised on the “Store”.
Customization of Digital Goods
“Customer” brand (name, tagline, etc.) must fit into designed brand, to the recommended character count specified on the item, without major changes. “Momentum Brand Atelier” reserves the right to assess the compatibility of the brand to the inquiring purchaser. The customizability depends on the service or package you have chosen and will be specified on the individual product page. Additional design edits and requests from the “Customer” that fall outside of what is specified on the product page, or what "Momentum Brand Atelier” believes is a reasonable request will be subject to additional fees. If this is the case, “Momentum Brand Atelier” will present the client with a proposal for the cost of extra design changes of which the client may choose to accept or refuse.
Accreditation and Promotion
You agree that “Momentum Brand Atelier” may reproduce and display the “Final Deliverables” for promotional and marketing purposes, including, without limitation, in portfolios and websites, in galleries, design periodicals, on social media platforms and other media or exhibits for the purposes of recognition of promotional and professional advancement, and to be credited with authorship of the “Final Deliverables”.
Delivery and Uses
“Digital Goods” are delivered to the “Customer” by a choice of methods:
• via currently used Client Portal
• via download to the “Customer's personal desktop computer
• via download to the “Customer's personal mobile device
Your files will be available on your personal link for a limited amount of time, so be sure to download your files and create a backup in a timely manner. “Momentum Brand Atelier” is not responsible for maintaining copies of brand files or any “Digital Goods” after the project is complete. The initial proofs and final file delivery timeframes will depend on the size of a chosen package or service. “Momentum Brand Atelier” aims to complete and deliver all products and services according to timeframes scheduled on individual sales pages.
You hereby agree to download “Digital Goods” for use to represent one business/person only as required for commercial or personal use. Nothing in these conditions of sale grants the “Customer” any rights other than those expressly set out herein. These terms do not grant the “Customer” any rights in relation to commercial sale, resale, reproduction, distribution or commercial exploitation of any “Digital Goods”. All "Digital Goods" and services are for single use / single user only. Any breaches of these terms will be pursued to the full extent of the law.
By purchasing “Digital Goods” from “Momentum Brand Atelier” you understand that we are not responsible for checking business names or logo types. You are responsible for ensuring you have all necessary rights to use any business/trading names or logos, and are not infringing on any trademarks or existing corporate names/logos in your governing region. “Momentum Brand Atelier” does not provide registration services, nor does it assume responsibility in the event of a plagiarized name, an existing identity or extreme logo similarity.
Customer Requirements
As our “Customer”, you have a responsibility to communicate in a timely manner, and timeframes will be affected if this doesn’t occur. Detailed timeframes, such as feedback time, will be specified in each contract. If your project goes past 30 days from purchase without any response from you and “Momentum Brand Atelier" has not yet received a completed contract, the project will be terminated and the “Customer” will be issued a 75% refund. If your project goes past 30 days without any response from you after the design phase has already began, the project will be terminated and the "Customer" will not be refunded.
In order for the “Customer” to access and download the “Digital Goods” the “Customer” is required to have:
• an internet connection
• a personal desktop computer or mobile device capable of opening the “Digital Goods”
All “Digital Goods” received can be accessed using regular software. If you need to edit any of the files in the future, you will need either a graphic designer or graphic design software and skills.
Email Communications
In the process of purchasing “Digital Goods” from “Momentum Brand Atelier” the “Customer” will be asked to check the box to accept adding their email address to general newsletter list of “Momentum Brand Atelier”. "Customer" can at any time unsubscribe from the newsletter.
“Momentum Brand Atelier” may use the “Customer” email to process all the purchase and project-related issues, as well as communications about the customization of the “Digital Goods” or any service purchased within the Website.
General Terms
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
Severance
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Entire Agreement
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the law of Poland and the parties hereby submit to the exclusive jurisdiction of the Polish courts.
Cookies
We employ the use of cookies. By accessing Momentum Brand Atelier, you agreed to use cookies in agreement with the Momentum Brand Atelier's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Momentum Brand Atelier and/or its licensors own the intellectual property rights for all material on Momentum Brand Atelier. All intellectual property rights are reserved. You may access this from Momentum Brand Atelier for your own personal use subjected to restrictions
set in these terms and conditions.
You must not:
• Republish material from Momentum Brand Atelier
• Sell, rent or sub-license material from Momentum Brand Atelier
• Reproduce, duplicate or copy material from Momentum Brand Atelier
• Redistribute content from Momentum Brand Atelie4
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity
shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the
linking party's site.
We may consider and approve other link requests from the following types of organizations:
• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Momentum Brand Atelier; and (d) the link is in the context of general resource
information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Momentum Brand Atelier. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Momentum Brand Atelier logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Comments and opinions
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Momentum Brand Atelier does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Momentum Brand Atelier, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Momentum Brand Atelier shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Momentum Brand Atelier reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Momentum Brand Atelier a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law;
• exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
This Agreement shall begin on the date hereof. Our Terms and Conditions were partially created with the help of the Free Terms and Conditions Generator.
These terms and conditions outline the rules and regulations for the use of Momentum Brand Atelier Website, located at www.momentumbrandatelier.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Momentum Brand Atelier if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of pl. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
www.michalinaomeler.com may change these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of www.thebrandcave.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
Definitions
In this Agreement the following words and expressions shall have the following meanings:
“Digital Goods” means any intangible digital product or service sold and delivered by “Momentum Brand Atelier”.
“Final Deliverables” means the final customized files delivered to the “Customer”.
“Store” means any web based service operated by “Momentum Brand Atelier” for the purposes of marketing and retailing digital goods.
“Customer” means you the person purchasing “Digital Goods” from “Momentum Brand Atelier”.
“Author” means the person that has the Intellectual Property rights or rights to sell the “Digital Goods” via the “Store”.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
Conditions of Sale
These Conditions of Sale govern the sale of “Digital Goods” by “Momentum Brand Atelier” to the “Customer”.
The Contract
When you purchase “Digital Goods” from “Momentum Brand Atelier” via any of our “Store” or "Work With Me" venues you will be required to click the “I Agree” tick box to complete the order. By clicking the “I Agree” tick box you are accepting these terms and conditions of sale. The contract for the purchase of any “Digital Goods” will be between the “Customer” and “Momentum Brand Atelier” and will only be formed when “Momentum Brand Atelier” accept and confirm via email to the “Customer”, and we have received payment in full, or first payment in case of split payments, for the “Digital Goods”. Until we confirm to go ahead with the “Digital Goods” there is no contract between the “Customer” and “Momentum Brand Atelier” for the “Digital Goods”.
“Momentum Brand Atelier” reserves the right, at our sole discretion, to reject any order we receive, and refund you in full if we think your business and name is not the right fit for the “Digital Goods”.
By placing an order with “Momentum Brand Atelier” you agree you are:
• legally capable of entering into binding contracts
• at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these conditions of sale to you so that you fully understand them
• and you understand that the “Digital Goods”/“Final Deliverables” do not include:
- Any stock imagery shown in listing unless otherwise stated.
- Any physical printed material and any material not specified on the "Store".
- Font files or licenses for the fonts shown. If the “Customer” would like the full font files they must purchase their own license to the proposed font separately.
Cancellation and Refunds
All custom services require purchasing and upfront payment, in full or first payment in case of split payments, as well as signing of an agreement contract. If the “Customer” requests a refund after purchasing, before the design phase begins, the "Customer" will receive a refund to the amount of 50% of the original purchase price to cover for a booked spot. Once the design stage begins no refund will be made due to the time put in to work on the project.
All sales of “Digital Goods” are final. Refunds for any “Digital Goods” sold by “Momentum Brand Atelier” will only be considered for a refund only if the “Digital Goods” were incorrectly described on the “Store”.
Any exchanges can only be made exclusively in case of "Digital Goods" that require additional customization and therefore are not immediately delivered after purchase.
All refunds will only be issued to the transaction ID related to the sale of the “Digital Goods”.
Price and Payment
When purchasing any “Digital Goods” from “Momentum Brand Atelier”, you understand that until we send you confirmation, we withhold the right to decline and refund your purchase. In the case that we deem your proposal to be unsuitable for the brand, you will be first contacted to discuss our concerns and what the possibilities are. If we cannot come to a workable agreement, we will refund you the full amount.
Prices can be converted to your local currency during the payment procedure.
Payment must be made using a valid credit/debit card or other possible option on checkout site.
Full payment or first payment in case of split payment, an agreement contract and a completed customization form must be verified before design work is undertaken. When payment, completed customization form and contract has been verified, the client will be sent a confirmation and acceptance e-mail, marking the beginning of the design process.
The price of any “Digital Goods” will be as quoted on the “Store” at the then current time, except in the case of obvious error. This price will include legally applicable VAT. The “Customer” agrees they may have to provide their country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. We will not accept any offers for “Digital Goods” other than at the then current price. Payment for all “Digital Goods” is processed securely by various third party payment gateway services and will be handled in the currency advertised on the “Store”.
Customization of Digital Goods
“Customer” brand (name, tagline, etc.) must fit into designed brand, to the recommended character count specified on the item, without major changes. “Momentum Brand Atelier” reserves the right to assess the compatibility of the brand to the inquiring purchaser. The customizability depends on the service or package you have chosen and will be specified on the individual product page. Additional design edits and requests from the “Customer” that fall outside of what is specified on the product page, or what "Momentum Brand Atelier” believes is a reasonable request will be subject to additional fees. If this is the case, “Momentum Brand Atelier” will present the client with a proposal for the cost of extra design changes of which the client may choose to accept or refuse.
Accreditation and Promotion
You agree that “Momentum Brand Atelier” may reproduce and display the “Final Deliverables” for promotional and marketing purposes, including, without limitation, in portfolios and websites, in galleries, design periodicals, on social media platforms and other media or exhibits for the purposes of recognition of promotional and professional advancement, and to be credited with authorship of the “Final Deliverables”.
Delivery and Uses
“Digital Goods” are delivered to the “Customer” by a choice of methods:
• via currently used Client Portal
• via download to the “Customer's personal desktop computer
• via download to the “Customer's personal mobile device
Your files will be available on your personal link for a limited amount of time, so be sure to download your files and create a backup in a timely manner. “Momentum Brand Atelier” is not responsible for maintaining copies of brand files or any “Digital Goods” after the project is complete. The initial proofs and final file delivery timeframes will depend on the size of a chosen package or service. “Momentum Brand Atelier” aims to complete and deliver all products and services according to timeframes scheduled on individual sales pages.
You hereby agree to download “Digital Goods” for use to represent one business/person only as required for commercial or personal use. Nothing in these conditions of sale grants the “Customer” any rights other than those expressly set out herein. These terms do not grant the “Customer” any rights in relation to commercial sale, resale, reproduction, distribution or commercial exploitation of any “Digital Goods”. All "Digital Goods" and services are for single use / single user only. Any breaches of these terms will be pursued to the full extent of the law.
By purchasing “Digital Goods” from “Momentum Brand Atelier” you understand that we are not responsible for checking business names or logo types. You are responsible for ensuring you have all necessary rights to use any business/trading names or logos, and are not infringing on any trademarks or existing corporate names/logos in your governing region. “Momentum Brand Atelier” does not provide registration services, nor does it assume responsibility in the event of a plagiarized name, an existing identity or extreme logo similarity.
Customer Requirements
As our “Customer”, you have a responsibility to communicate in a timely manner, and timeframes will be affected if this doesn’t occur. Detailed timeframes, such as feedback time, will be specified in each contract. If your project goes past 30 days from purchase without any response from you and “Momentum Brand Atelier" has not yet received a completed contract, the project will be terminated and the “Customer” will be issued a 75% refund. If your project goes past 30 days without any response from you after the design phase has already began, the project will be terminated and the "Customer" will not be refunded.
In order for the “Customer” to access and download the “Digital Goods” the “Customer” is required to have:
• an internet connection
• a personal desktop computer or mobile device capable of opening the “Digital Goods”
All “Digital Goods” received can be accessed using regular software. If you need to edit any of the files in the future, you will need either a graphic designer or graphic design software and skills.
Email Communications
In the process of purchasing “Digital Goods” from “Momentum Brand Atelier” the “Customer” will be asked to check the box to accept adding their email address to general newsletter list of “Momentum Brand Atelier”. "Customer" can at any time unsubscribe from the newsletter.
“Momentum Brand Atelier” may use the “Customer” email to process all the purchase and project-related issues, as well as communications about the customization of the “Digital Goods” or any service purchased within the Website.
General Terms
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
Severance
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Entire Agreement
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the law of Poland and the parties hereby submit to the exclusive jurisdiction of the Polish courts.
Cookies
We employ the use of cookies. By accessing Momentum Brand Atelier, you agreed to use cookies in agreement with the Momentum Brand Atelier's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Momentum Brand Atelier and/or its licensors own the intellectual property rights for all material on Momentum Brand Atelier. All intellectual property rights are reserved. You may access this from Momentum Brand Atelier for your own personal use subjected to restrictions
set in these terms and conditions.
You must not:
• Republish material from Momentum Brand Atelier
• Sell, rent or sub-license material from Momentum Brand Atelier
• Reproduce, duplicate or copy material from Momentum Brand Atelier
• Redistribute content from Momentum Brand Atelie4
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity
shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the
linking party's site.
We may consider and approve other link requests from the following types of organizations:
• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Momentum Brand Atelier; and (d) the link is in the context of general resource
information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Momentum Brand Atelier. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Momentum Brand Atelier logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Comments and opinions
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Momentum Brand Atelier does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Momentum Brand Atelier, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Momentum Brand Atelier shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Momentum Brand Atelier reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Momentum Brand Atelier a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law;
• exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
This Agreement shall begin on the date hereof. Our Terms and Conditions were partially created with the help of the Free Terms and Conditions Generator.
