Boem STORE provides an e-shop where Buyers can buy digital content – license for use of 3D models of various items (“Licensed Assets”) under the License Terms. Boem STORE allows for a Buyer to purchase limited License (in accordance with the License Terms) to use Licensed Assets offered on e-shop at www.boem.store. References to “buying” or “purchasing” Licensed Assets means buying or purchasing license under the Licensed Terms to those Licensed Assets.
You may use e-shop only if you can form a binding contract with Boem STORE, and only in compliance with these Terms and all applicable national, and international laws, rules and regulations. Any use or access to the e-shop by anyone under 15 is strictly prohibited and in violation of these Terms.
CONCLUSION OF THE LICENSE AGREEMENT
Your use of any Licensed Assets is subject to the License Terms. Under the License Terms we offer license for Commercial or Non-Commercial use, for a custom license, please, contact Boem STORE.
You can enter into a License Agreement for Non-Commercial use or Commercial use under the applicable License Terms with Boem STORE remotely vie e-shop where you choose the applicable type of the License Terms while processing such purchase. The order placed by the Buyer on the website at Boem SORE shall constitute a draft license agreement with the content of the applicable License Terms. We will confirm the receipt of the order by e-mail. The license agreement under the applicable License Terms shall then be concluded upon Boem STORE accepts your order in the form of providing you with the online access to a Licensed Asset.
BOEM STORE ACCOUNT
Your Boem STORE account gives you access to e-shop as a registered Buyer and gives you access to the services and features that we may establish, maintain and modify in our sole discretion (such as history of your orders, used payment details and methods). By connecting to Boem STORE with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You are responsible for tracking all activity on your own account, and you agree to the following:
To store all passwords and usernames securely and never transfer your account to another person and to accept responsibility for activity that occurs under your account(s).
To notify Boem STORE of any unauthorized use or security breach. Boem STORE will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your account.
MONITORING AND TERMINATION
Boem STORE reserves the right to monitor downloads and user activity to ensure compliance with these Terms and the License Terms, which it may update from time to time. Boem STORE may, without notice, change the e-shop, its content or create usage limits. Boem STORE may permanently or temporarily terminate or suspend your access to your account without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
NOTIFICATIONS AND EMAILS
By providing Boem STORE your email address, you consent to Boem STORE using the email address to send you notices, including any notices required by law, in lieu of communication by postal mail. Boem STORE may also use your email address to send you other messages, such as changes of Terms and License Terms, new Licensed Asset available and special offers.
METHOD OF PAYMENT
You can select the method of payment from the options we offer. Prior to the download of the Licensed Asset, we will notify you of the selected method of payment and the associated costs.
The currently offered methods of payment:
Credit card payment (online): After selecting credit card payment you will be transferred to 3D Secure platform to fill in the data. If the transaction is authorized, the payment proceeds immediately and you can download the Licensed Asset immediately. Our staff does not operate with your card data. The process is finished through online banking.
Paypal: Use your Paypal account for payment. The purchase will be registered for the adress shown in your Paypal account.
OUR PROPRIETARY RIGHTS
All materials at Boem STORE including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the “Boem STORE Content“) are the exclusive property of Boem STORE. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Boem STORE Content. Use of the Boem STORE Content for any purpose not expressly permitted by these Terms or Licensed Terms is strictly prohibited.
ACCOUNT CANCELATION AND REFUND POLICY
You may cancel your account at any time; however, should you cancel your account, you will not be granted a refund upon cancellation. In the event that Boem STORE suspends or terminates your account or these Terms for any reason, you understand and agree that you shall receive no refund.
Refund Policy: You agree that all refunds are at the sole discretion of Boem STORE. Boem STORE has no obligation to refund amounts paid to license of Licensed Assets, including but not limited to if Boem STORE finds that the Licensed Asset has been downloaded by the Buyer.
Because the Licensed Assets are digital and cannot be returned, your purchase is only eligible for a refund in the following situations:
You purchased two licenses for the same product, accidentally. We will refund you for the duplicate purchase(s).
If you encounter a consistently reproducible error with the product files, please let us know. Note: Licensed Assets with alleged technical issues will only be eligible for a refund when sufficient information is provided regarding how the error was created.
The Licensed Asset was misrepresented in the description. We consider an item to be “misrepresented” when the delivered item does not match the described function in the product description, or when an item stated to be included is not delivered. Misrepresentation does not include subjective opinions on the quality or appearance of an item.
For example: A product would NOT be misrepresented if a Buyer believes that the item “doesn’t look good” or “isn’t high quality compared to other items purchased.”
In the event Boem STORE makes an exception and issues a refund (which it is under no obligation to provide), you understand and agree that you must immediately retrieve and delete all relevant Licensed Assets from any and all places you have distributed the files to and all computers you have downloaded them to.
You also understand and agree that once a refund is requested, you are not permitted to exploit the Licensed Assets in question, and immediately upon receipt of a refund, all licenses to such Licensed Assets and underlying content are revoked, and you are not authorized to use the Licensed Asset in any form or for any purpose whatsoever.
PAYMENT INFORMATION AND TAXES
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the purchase of the Licensed Asset must be accurate, complete, and current. You agree to pay all charges incurred by Boem STORE of your credit card, debit card, or other payment method used in connection with a purchase at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
CONSENT AND COLLECTION AND USE OF DATA
If you are a Buyer who purchases a Licensed Asset, you acknowledge and agree that Boem STORE will have access to purchase information including the username you selected along with the Licensed Asset you purchased and the date you purchased it (“Purchase Information“).
Please be aware that (among other things) third parties (such as social media platforms or other company websites that we link to online or from our web sites and applications) are responsible for their own privacy practices.
You agree to only provide tax and payment information in the specific areas of our website provided to collect that information. You agree not to provide any other Sensitive Personal Information.
Boem STORE cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. You agree to immediately notify us of any unauthorized use of your registration information or any other breach of security related to your account, and to ensure that you “log off/exit” from your account at Boem STORE (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You agree, at your sole expense and to the fullest extent permitted by law, to defend (at our request), indemnify and hold harmless Boem STORE and its affiliates or employees (individually and collectively, “Our Parties“), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) suffered or incurred by Our Parties by reason of any claim, suit or proceeding (“Claim“) arising out of or in connection with:
Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights.
Your violation of any applicable law, rule or regulation.
Any other party’s access to your username, password or other appropriate security code.
DISCLAIMER OF WARRANTIES
The Licensed Assets are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Licensed Assets are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Boem STORE do not warrant that the content is accurate, reliable or correct; that License Assets will meet your requirements or that any defects or errors will be corrected. Any content downloaded or otherwise obtained through the Boem STORE is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download. Boem STORE does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Boem STORE or any hyperlinked website or service.
DISCLAIMER OF DAMAGES
To the maximum extent allowed by applicable law and notwithstanding any failure of essential purpose of any limited remedy or limitation of liability, in no event will our parties be liable hereunder for special, indirect, consequential, or any other damages of like kind whatsoever (however caused and regardless of the theory of liability, whether derived from contract, tort (including without limitation negligence) or otherwise), including without limitation loss of profits, loss of revenue, loss of use, loss of data, business interruption, cost of procurement of substitute goods or services or other cover, or any other similar commercial or economic loss of any kind, even if advised of the possibility thereof, nor will any of Our Parties be liable for any damages whatsoever resulting from a force majeure or an act of a third party. To the maximum extent permitted by applicable law, Boem STORE assumes no liability or responsibility for any of the following:
Errors, mistakes, typographical errors, or inaccuracies of content.
Personal injury or property damage, of any nature whatsoever, resulting from your access to our website.
Any unauthorized access to our secure servers and/or any and all personal information stored therein.
Any interruption or cessation of transmission to or from the e-shop.
Any bugs, viruses or the like that may be transmitted to or through our website by any third party.
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website; or the defamatory, offensive, or illegal conduct of any third party.
LIMITATION OF LIABILITY
The total cumulative collective liability of our parties for all costs, losses or damages from all claims, actions or suits however caused or arising from or in relation with the purchase and/or using a website at Boem STORE will not exceed the ½ of the paid purchase price in connection with such purchase or the amount of CZK 1,000 if the liability is not connected with any specific purchase. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and is not intended to, nor does it, require the relinquishment of any non-waivable right afforded to you by law. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
GOVERNING LAW AND JURISDICTION
All matters relating to Licensed Asset, the License Agreement, these Terms and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Czech Republic. Any legal suit, action or proceeding arising out of, or related to, the Licensed Asset, these Terms and/or the License Agreement shall be instituted exclusively in the courts of the Czech Republic. The place of the Licensed Assets delivery is Prague. Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.
The English language version of these Terms and the License Terms is legally binding in case of any inconsistencies between the English version and any translations. Except as expressly provided herein, a party may only waive its rights under these Terms or License Terms by a written document executed by both parties. Any failure to enforce any provision of these Terms and License Terms will not constitute a waiver thereof or of any other provision hereof. You may not assign or delegate these Terms or License Terms or any of your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that Boem STORE may assign or sub-contract any of its rights or obligations under these Terms or License Terms.
ENTIRE AGREEMENT AND SEVERABILITY
If any provision of these Terms and/or License Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms including the License Terms, will continue in full force and effect.
CHANGES OR UPDATES TO THESE TERMS
Boem STORE may modify this Terms by posting an updated version at Boem STORE website. The then current version of the Terms posted at the time of purchase shall apply to purchases (even if the Licensed Asset is downloaded after the Terms are updated). Updated versions of the Terms shall not apply retroactively to prior purchases unless Boem STORE notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).
CONTACT AND NOTICES
All notices required to be sent to Boem STORE under this License Agreement should be sent via email to firstname.lastname@example.org. All notices to Licensee will be sent via email to the address provided by Licensee during an account creation or purchase.
Please contact us via email: email@example.com with any questions regarding the website, the Terms, the License Terms, or billing matters.