Terms and Conditions For Vahera's Websites

Effective Date: September 23, 2023
Last Updated: September 23, 2023

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING VAHERA SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE VAHERA SITES.

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of these websites (“Website”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Vahera Studios LLC (“Vahera Studios LLC”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Vahera Studios LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Definitions

User: Refers to any individual or entity accessing or using the Website and Services.

Website(s): Refers to the individual web properties included in the Site, namely 'vahera.com,' 'forums.vahera.com,' 'orchestrator.vahera.com,' 'support.vahera.com,' 'vahera.social,' 'wastesedge.vahera.com,' and 'wastesedge.vahera.com/classic,' each offering distinct content and services.

Agreement: Refers to these Terms and Conditions, constituting a legally binding contract between the User and Vahera Studios LLC.

Business Entity: Refers to any corporation, partnership, sole proprietorship, or other legal entity that the User may represent when entering into this Agreement.

Acceptance Of Other Terms And Policy

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time to time (“Policies”). These Terms apply to all Users:

Privacy Policy
Cookie Policy
Copyright Infringement Notice
Code of Conduct
Copyright Notice

Age Requirement

You must be at least thirteen (13) years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. The Services may only be used or accessed by such persons who can enter into legally binding contracts under the applicable laws.

Vahera Studios LLC shall not be liable in case of any false information is provided by the User including the User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable laws. We disclaim all liability arising out of such unauthorized use of the Services and any third-party liability arising out of your use of the Services.

Privacy And Usage Of Cookies

Vahera Studios LLC will not intentionally disclose any personally identifying information about you to third parties, except where Vahera Studios LLC, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website and Services, you signify your acceptance of the Privacy policy.

Members signing up for the Website and Services are opting in to receive newsletters and other special offers through emails/notifications from the Website and Services. If you do not wish to receive these emails, you may opt-out anytime by unsubscribing. Refer to our Privacy Policy and Cookie Policy.

Downloadable Files And Assets

When you download any files, software, game assets, or digital content ("Downloadable Files") provided by Vahera Studios LLC, you are entering into an agreement with us, and you agree to the following terms:

You are granted a limited, non-transferable license to use these Downloadable Files solely for personal, non-commercial purposes. This means you can use them for your enjoyment or personal use, but you cannot distribute or sell them to others without explicit permission from Vahera Studios LLC. You acknowledge that all rights, title, and interest in the Downloadable Files, including any intellectual property rights, remain the exclusive property of Vahera Studios LLC and its licensors. This means you don't acquire any ownership rights or claims to these files.

We provide the Downloadable Files "as is," without any warranties or guarantees. We do not promise that they will be free from errors or defects, and we disclaim any liability for any damages, direct or indirect, that may arise from your use of these files. We reserve the right to modify or terminate the availability of Downloadable Files at any time, without prior notice.

Use Of The Website And The Services

You agree to use this Website and Services only in accordance with these Terms. In the event that your unauthorized use of this Website and Services results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.

As a User of this Website and Services you undertake:

1. Not use our Website and Services in any way that causes or may cause damage to the Website and Services or impairment of the availability or accessibility of the Website and Services; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;

2. Not use our Website and Services to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;

3. Not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Website and Services without our express written consent;

4. Not to knowingly or recklessly contravene, in the course of using the Website and Services, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;

5. Not to use the Website and Services to make unauthorized attempts to access or interfere with any of our systems or third party networks;

6. Not to use the Website and Services to conduct any business or activity or solicit the performance of any activity that is prohibited by law;

7. Not to use the Website and Services for the transmission or posting of any material which is defamatory, offensive or of an abusive, obscene or menacing nature or which infringes third party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of the Website and Services for such purpose(s);

8. to inform us immediately of any claim or action against you for any use of the Website and Services and, on request from us, to immediately cease the act complained of.

We reserve the right, but have no obligation, to monitor the materials posted on the Website and Services. The Vahera Studios LLC shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, You remain solely responsible for the content of the materials You post on the Website and Services and in Your private messages. Please be advised that such content posted does not reflect the Vahera Studios LLC‘s views. In no event shall Vahera Studios LLC assume or have any responsibility or liability for any content posted or for any claims, damages or Losses resulting from the use of content and/or appearance of the content on the Website and Services. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or intellectual property or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Links To Other Resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

WE HEREBY DISCLAIM LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD-PARTY SITES LINKED TO THIS WEBSITE. BY CREATING A LINK TO A THIRD-PARTY WEBSITE, WE DO NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED ON THAT WEBSITE, NOR ARE WE LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE PRIVACY POLICY AND TERMS DIFFERENT FROM THAT OF OURS AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THIS SITE.

Intellectual Property Rights

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.

In each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

All material and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.

The compilation of all content on the Website is our exclusive property and is protected by domestic as well as international copyright and database rights laws. This Agreement does not transfer to you any intellectual property owned by Vahera Studios LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Vahera Studios LLC. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Vahera Studios LLC or third-party trademarks.

You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modiﬁcation of the materials, use of the materials on any other Website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

Disclaimer Of Warranty

You acknowledge and agree that the Website and Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

We do not represent or warrant that: (a) the use of the Website and Services will be secure, timely, uninterrupted or error-free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Website and Services will meet your requirements or expectations; (c) errors or defects in the Website and Services will be corrected; or (d) the Website and Services and our server(s) are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law. The Website and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use).

No information, obtained by you from us or from the Website and Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that we have no obligation to support or maintain the Website and Services.

We disclaim any and all liability or responsibility in relation to the Website content made available through the Services. We are not responsible or liable in any manner for the third-party content and services associated with or utilized in connection with the Services, including the failure of such third-party content and services, including but not limited to the content and/or services of our Business Partners.

We maintain and shall have the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Website and Services, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services (or any part thereof) on any particular device or communications service. We have no obligation to provide you and/or the Business Partners with notice of any such changes, and we are further under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Website and Services.

Limitation Of Liability

To the fullest extent permitted by applicable law, in no event will Vahera Studios LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Vahera Studios LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Vahera Studios LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Vahera Studios LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the Website and Services or any willful misconduct on your part.

Notices

Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of North Carolina, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in North Carolina, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Removal Of Doubts

Notwithstanding anything stated in this Agreement for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, Vahera Studios LLC may take a decision as it may deem fit. The decision of the Vahera Studios LLC shall be final.

Termination Of Account

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website and Services (or any part thereof).

Changes And Amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Waiver

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

Acceptance Of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contact Us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to use our contact form.