Terms Of Service

LAST UPDATED: OCTOBER 7, 2022

1. Introduction

Welcome to VittaGems owned and operated by Get your work done Inc. d/b/a VittaGems ("VittaGems," "we," "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the VittaGems website(s), our APIs, mobile app (the "App"), and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, and create NFTs & NFT based Merchandising and use our tools, at your own discretion, to connect directly with others to purchase, sell, or transfer NFTs & NFT based Merchandising on public blockchains (collectively, the "Service").

"NFT" in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain, Kadena Blockchain etc.), which uses smart contracts to link to or otherwise be associated with certain content or data.

Thank you for using VittaGems! Before using or accessing our platform, please read this Terms of Service (the "Terms of Service") carefully. This document is a legally binding contract between VittaGems and you, the User (as defined below), for the use of the applications, software, products and services provided by VittaGems (collectively, the "Service") and as such, we have tried to make it as clear as possible.

In addition to the full legal terms and text, we have provided short non-binding summaries with each clause. These summaries do not aim to replace or misrepresent the full text.

For purposes of these Terms, "user", "you", and "your" means you as the user of the Service. If you use the Service on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

Definitions

"Agreement" refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service,") and all other operating rules, policies, including VittaGems Privacy Policy and VittaGems Intellectual Property Policy, and procedures that we may publish from time to time on the Website including but not limited to Shipping, Payments, and Returns.

"Content" refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service.

"Customers" refers to individuals or entities that purchase Your Products through a Sales Channel.

"Orders" refer to Your Products once they have been purchased by You or Your customers.

"Produced Orders" refer to Orders that have been completed and shipped.

"Products" refers to all products offered by different Providers on our Website including, but not limited to clothing, accessories, home decor, kitchenware, footwear and stationary.

"Providers" refers to the organizations and companies that VittaGems partners with in the scope of its Service to offer Products to You.

"Us" and "We" refers to VittaGems, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

"User," "You," "Your" refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.

"User Products" refers to Products created by Users adding Content using the Service.

"Your Mockups" are visual representations of Users' Products created through the Service.

"User-Generated Content" is Content, written or otherwise that is created or uploaded by our Users.

"Website" refers to VittaGems's website located at VittaGems.io, and all content, services and products provided by VittaGems through the Website. It also includes VittaGems-owned subdomains of VittaGems.io, such as app.VittaGems.io, VittaGemsapp.io and all subdomains of VittaGemsapp.io such as app.VittaGemsapp.io, and the use of future and current VittaGems plugins.

"Your Content" is Content that you create or own.

2. General

When You use Our Services and Content, You are agreeing to:

  • Our Terms of Service
  • Our Privacy Policy
  • Our Intellectual Property Policy
  • Any other terms or policies we reference below

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between VittaGems and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between VittaGems and You in relation to the access to and use of the Service. If any provision of these Terms of Service are held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Questions about the Terms of Service? Contact us.

Account Creation

To create a VittaGems Account You may be required to provide VittaGems with certain personal information, which may include your full legal name, current address, phone number, email address, and payment information. This information will be held and used in accordance with VittaGems's Privacy Policy. You agree that You will supply accurate and complete information to VittaGems, and that You will update that information promptly after it changes.

You further agree that:

  • You shall not create an account or access the Service if You are under the age of 18;
  • You shall not have more than one account at any given time, and shall not create an account using a false identity or        information, or on behalf of someone other than yourself or your entity, which has provided you authorization to create the        account on behalf of it;
  • You shall not have an account or use the Service if You have been previously removed by the Company;
  • We may reject your registration or cancel an existing registration for any reason at our sole discretion.

We will use the email address you provide as the primary method of communication. Any harassment or insult towards VittaGems employees may result in immediate account termination.

Account Security

You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify VittaGems if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your VittaGems Account. You are solely responsible for any and all activities performed through your VittaGems account.

VittaGems will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney's fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.

Account Termination

VittaGems expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein.

You may terminate your account and participation as a registered user at any time from your Account Settings Personal Data Delete my data. Before proceeding with deleting your account, make sure that you have disconnected your store from the respective sales channels, unsubscribed from the business plan and removed your registered credit card. Deleting your account is irreversible and you will not be able to access the data afterwards. Nonetheless, you will still be responsible for any and all pending orders and charges.

3. What Are Your Rights to Content on VittaGems?

Summary: All content you upload is owned by you. If we are notified or if we believe that the content is not yours, or if the content doesn't meet our standards, we will remove it at our discretion. By uploading content to VittaGems, you allow us to use your content for things like marketing and education of VittaGems users.

VittaGems grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Service for Your own individual use subject to the other terms of this Terms of Service. All rights, title, and interest in and to the Service not expressly granted herein are reserved by the Company.

VittaGems allows You to upload and post Content to our Website. Anything that You put on the Products remains Your Content. You retain all rights in, other than the rights expressly granted to VittaGems below and any that you may grant to your Customers, and are solely responsible for Your Content.

You can only post Content that is either Yours, or for which you have written authorization from the Content owner. You represent and warrant that any Content you post is owned by You or that You have authorization from the Content owner to post it. More detailed information can be found in the VittaGems Intellectual Property Policy. By posting Content, You accept those terms as well.

If You believe that someone has improperly used Your copyrights or trademarks, please report it to us as set forth in the Intellectual Property Policy.

By using the VittaGems Service, You grant VittaGems a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute Your Content solely for the purpose of operating, developing, and promoting the VittaGems Service.

Service Usage Restrictions

As a condition of use of the Service, You agree not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.

You agree to the following:

  • You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
  • You may not modify, reverse engineer, decompile or disassemble the Service
  • You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of VittaGems.
  • You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under these Terms of Service.
  • You may not circumvent or disable any technological features or measures in the services that are designed for protection of intellectual property rights.
  • You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to        control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
  • You may not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
  • You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to        anyone.
  • You shall not use your Account to engage in any illegal conduct.
  • You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13.
  • You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and You are responsible for any use of your credit      card or other payment instrument by minors.
  • You shall not use the Service to order and resell blank Products without customizing them with your artwork. Any such forbidden use shall immediately terminate        Your license to the Service.

Content Moderation

VittaGems may use its discretion to remove Your Content from our Service, at any time, with or without prior notice to you, if it violates any of our Terms of Service or policies or is reported to be infringing on intellectual property rights of others. VittaGems is not obligated to monitor or police Your Content.

In addition to intellectual property concerns, Content that contains any of the below is prohibited and may also lead to termination of Your account:

  • Child Exploitation: You may not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual        abuse, or that presents children in a sexual manner.
  • Harassment, Bullying, Defamation and Threats: You may not post or upload Content that harasses, bullies, defames or threatens a specific individual.
  • Hateful Content: You may not post or upload Content that condones or promotes violence against people based on race, ethnicity, color, national origin, religion,         age, gender, sexual orientation, disability, medical condition or veteran status.
  • Illegal Activities: You may not post or upload Content that facilitates or promotes activities that go against the laws of the jurisdictions in which you operate or do        business.
  • Intellectual Property: You may not post or upload Content that infringes on the copyright or trademarks of others.
  • Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information sensitive personal information, or      confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom        the information belongs or who is otherwise authorized to provide such consent.
  • Self-Harm: You may not post or upload Content that promotes self-harm.
  • Terrorist Organizations: You may not post or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.

Monitoring and Legal Compliance

When You use the Service, VittaGems reserves the right to view, monitor, and record activity without notice or further permission from You, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 14 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT. BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.