Terms

The following terms and conditions govern all use of the www.nebiarts.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Nebiarts (“Nebiarts“). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Nebiarts’s Privacy Policy) and procedures that may be published from time to time on this Site by Nebiarts (collectively, the “Agreement“).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Nebiarts, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

A – Usage and License

    1. Your www.nebiarts.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Nebiarts may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Nebiarts liability. You must immediately notify Nebiarts of any unauthorized uses of your blog, your account or any other breaches of security. Nebiarts will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
    2. License. Any of your purchases and downloads from www.nebiarts.com shall be subject to the terms and conditions laid out in the Nebiarts License page.
    3. Content standards. Any projects that you create using Nebiarts images (whether or not you upload them to our website), and any comments and/or other material that you upload to our website must comply with the following content standards (the “Content Standards“):
      • It must not infringe any copyright, database right, trade mark or other intellectual property rights of any other person
      • It must not contain any material which is:
        • defamatory of any person; and/or
        • obscene, offensive, hateful or inflammatory
      • It must not promote:
        • sexually explicit material;
        • violence;
        • discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or
        • any illegal activity
      • It must not be likely to deceive any person
      • It must not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
      • It must not be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
      • It must not be likely to harass, upset, embarrass, alarm or annoy any other person
      • It must not be used to impersonate any person, or to misrepresent your identity or affiliation with any person
      • It must not give the impression that it emanates from us, if this is not the case
      • It must not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
    4. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
      • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
      • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
      • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
      • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
      • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
      • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
      • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Nebiarts or otherwise.
      • By submitting Content to Nebiarts for inclusion on your Website, you grant Nebiarts a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Nebiarts will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
      • Without limiting any of those representations or warranties, Nebiarts has the right (though not the obligation) to, in Nebiarts’s sole discretion (i) refuse or remove any content that, in Nebiarts’s reasonable opinion, violates any Nebiarts policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Nebiarts’s sole discretion. Nebiarts will have no obligation to provide a refund of any amounts previously paid.

B – Other terms & conditions

  1. Payment
    1. General Terms.
      By selecting a product or service, you agree to pay Nebiarts the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
  2. Refund Policy
    1. All purchases on www.nebiarts.com are eligible for refund if they fall under any of the following conditions:
      1. The item turns out to be different from what was advertised on the product page, and Nebiarts no longer has the desired item on its database
      2. The item is corrupted and Nebiarts has no way to fix and resend it to the buyer
    2. In the case that a purchase falls under one of the categories above, the buyers must inform Nebiarts via writing to [email protected], within three (3) working days from the date of purchase, to be eligible for a refund. Once reviewed and approved, Nebiarts will issue a refund via Paypal or Credit Card via Paypal. Please allow 3-7 working days for the fund to be reflected in your respective accounts.
    3. In any of the above cases, if a refund was issued, the buyer agrees to (i) revoke all rights granted to him/her as specified by the license that was attached to the item, and (ii)  delete all downloaded copies of the item and will not use the item for any purpose whatsoever in the future.
    4. A replacement download link will be provided if the purchased item falls under any of the following categories:
      1. The item is corrupted and Nebiarts can fix and replace it for you
      2. A different image was included by mistake, and Nebiarts is in possession of the correct item and shall be contacting the buyer with a replacement download link
    5. In any of the three cases listed above, the buyer should contact Nebiarts at [email protected] within three (3) working days with a request for resend of the item. Once reviewed and approved, a replacement download link will be provided.
    6. Important note: There will be no refund in the cases where the buyer changes his/her mind about the design of the item, or that they would like the item in a different format. All specifications have been provided on every Nebiarts image page and thus it should be reasonably understood that the buyers have had enough information to make an informed purchase decision.
  3. Responsibility of Website Visitors. Nebiarts has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Nebiarts does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Nebiarts disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.nebiarts.com links, and that link to www.nebiarts.com. Nebiarts does not have any control over those non-Nebiarts websites and webpages, and is not responsible for their contents or their use. By linking to a non-Nebiarts website or webpage, Nebiarts does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Nebiarts disclaims any responsibility for any harm resulting from your use of non-Nebiarts websites and webpages.
  5. Copyright Infringement and DMCA Policy. As Nebiarts asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.nebiarts.com violates your copyright, you are encouraged to notify Nebiarts at [email protected]. Nebiarts will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Nebiarts will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Nebiarts or others. In the case of such termination, Nebiarts will have no obligation to provide a refund of any amounts previously paid to Nebiarts.
  6. Intellectual Property. This Agreement does not transfer from Nebiarts to you any Nebiarts or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Nebiarts. Nebiarts, www.nebiarts.com, the www.nebiarts.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.nebiarts.com, or the Website are trademarks or registered trademarks of Nebiarts or Nebiarts’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Nebiarts or third-party trademarks.
  7. Linking to our site. You may link to Nebiarts website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    You must not establish a link or do anything in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    Nebiarts reserves the right to withdraw linking permission without notice.
    If you wish to make any use of content on Nebiarts site other than that set out above, please contact us at [email protected]
  8. Advertisements. Nebiarts reserves the right to display advertisements on the site, and in the case that we do, you can choose to opt out anytime, either through your browser settings or Nebiarts site cookie banner.
  9. Changes. Nebiarts reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Nebiarts may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  10. Termination. Nebiarts may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.nebiarts.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Nebiarts if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Nebiarts’s notice to you thereof; provided that, Nebiarts can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  11. Disclaimer of Warranties. The Website is provided “as is”. Nebiarts and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Nebiarts nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  12. Limitation of Liability. In no event will Nebiarts, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Nebiarts under this agreement during the twelve (12) month period prior to the cause of action. Nebiarts shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Nebiarts Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  14. Indemnification. You agree to indemnify and hold harmless Nebiarts, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.