Vendo Terms & Conditions
(Last updated January 3rd, 2011 )
Vendo provides an e-commerce system for the distribution and sale of products.
Vendo offers its users the possibility to discover, purchase and enjoy digital products and/or digital product licenses.
Vendo is not responsible for the products offered nor for their descriptions. Vendo only provides the technical platform for product producers, acting solely as an intermediary.
Before your purchase can be completed, you must read and agree to these terms and conditions. By applying for access and or services from this website, you are agreeing to these terms and conditions, and are you agreeing to be legally bound by them. This agreement is subject to change by Vendo at any time. Changes are effective when posted on this site without prior notice.
- · Customer data is for internal use only and will be treated confidential.
- · All transactions are SSL encrypted.
- · Your credit card will be billed immediately after purchase.
- · After purchase you will receive an email notification with all purchase details. The contract is closed between customer and store as soon as the order is submitted.
- · All orders will be processed immediately.
- · We recommend to print out the transaction data and Terms and Conditions and to keep them easily accessible.
- · Vendo is prohibited for people under legal age in their respective community.
1. Legal definitions
- as referred to in this document shall mean: The digital information (service or material) to which you are purchasing access rights from Vendo..
- as referred to in this document shall mean: The customer of the product.
- "Access rights"
- as referred to in this document shall mean a license granted to the customer to access and benefit from a Product for a period of time that is specified.
2. Description of Services
- Vendo will provide access rights to the Product.
- Vendo descriptors include "www.vendostore.com" and "www.vendosupport.com". The Vendo descriptor will appear on your credit card, bank statement, or phone bill for all charges made. If multiple Products are purchased utilizing any payment method your statement will list each individual purchase comprising the transaction. Vendo may include other information on your statement based on credit card association, telephone regulation, NACHA and any other mandated rules and regulations. If you elect to use your checking account to purchase a subscription to this Product, an ACH debit will be drawn on their account. Your agreement with these Terms & Conditions is your approval for Vendo to issue an ACH debit to your account.
4. Payment / Fee
- Vendo Products may have periodic subscription fees that are displayed on the Product page and purchase form at the time of the initial enrollment for subscription. The customer is responsible for such fees according to the terms of the purchase. Once a customer has the ability to access the Product using the access rights assigned to the accessor, subscription fees become non-refundable.
5. Automatic Recurring Billing
- Subscription fees for Products may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the customer 24 hours before the renewal. All special introductory offers shall be exempt from the 24 hours notification requirement, but the customer must notify Vendo directly prior to the end of the trial/special offer period in order to cancel automatic renewal. All trial/special offer access shall renew at the stated full access rate. The maximum term of this agreement is 100 months. Unless and until this agreement is cancelled in accordance with the terms hereof, the customer hereby authorizes Vendo to charge customer's chosen payment method to pay for the ongoing cost of access. The customer hereby further authorizes Vendo to charge customer's chosen payment method for any and all additional purchases of services and entertainment provided by the site.
6. Instant Upgrade
- Instant Upgrade will be made upon request of the customer via "Upgrade" link by providing us with the subscription email in the password protected area of the Service. By submitting the form the customer agrees to the charge of a full month's access.
7. Trial Access
- Please note that a Trial access to a Product may not give full access to all the services or materials that purchasers of full access to a Product enjoy.
8. Electronic Receipt
- Customers will receive an email receipt to the email address provided upon initial purchase of a Product. Customer may, at any time, request a copy of the account of charges made for the life of their access to the site. customer foregoes this right if such request is not made. Requests must be made directly to Vendo. To contact Vendo, refer to the Notice section at the end of this document.
- At any time, and without cause, subscription to the Product may be terminated by either Vendo, its Product producers or the customer upon notification to the other by electronic or conventional mail, by telephone or fax. When the customer requests the termination, subscription fees are NOT refunded. customers are liable for charges incurred by them until termination of service.
- If you request cancellation or request a refund from Vendo, your bank, card issuer, or phone company due to unauthorized or fraudulent use, Vendo can at its discretion, to prevent further unauthorized use, block your information from use at Vendo. This will not however prevent unauthorized use at non-Vendo Products, and is not a substitution for your contacting your appropriate channels to prevent further misuse.
- If you are taking advantage of a trial period through a credit card, please be aware of the following: Vendo may request and your bank may immediately put a "Reserved Funds" hold on your credit card for the amount of the subscription plan you have selected. If the trial is cancelled within the timeframe allowed by the Product, it typically takes the banking system 7 to 10 days to remove the credit card hold from these funds. Please understand that Vendo has no way to remove this hold. During the trial period and for a minimum of 7 to 10 days after you cancel, these funds are considered out of your bank account even though technically they are still there, and you could overdraw or exceed the limits of your account. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
- When the customer requests the termination, subscription fees are NOT refundable. Should a refund be issued by Vendo, all refunds will be credited solely to the payment method used in the original transaction. Vendo will not issue refunds by cash, check, or to another credit card or payment mechanism.
11. Authorization of Use
- Customers who purchase a Product are authorized a single access right. This access right shall be granted for sole use to one customer. All access rights are provided for personal use and shall not be used for any commercial purposes or by any commercial entities. Commercial use of the Product is strictly prohibited unless authorized by the Product. No material within the site may be transferred to any other person or entity, whether commercial or non-commercial. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from.
- Vendo and the Product producer reserve the right to terminate the access right at any time if the terms of this agreement are breached. In the case that the terms are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site.
12. Transfer of Access Rights
- Access to the Product is through an access right (a license which may include a username and a password). Customers may not under any circumstances release their access rights to any other person, and are required to keep their access rights strictly confidential. Vendo will not release passwords for any reason, to anyone other than the customer, except as may be specifically required by law or court order. Unauthorized access to the Product is a breach of this Agreement and a violation of law. Customers acknowledge that the Product producer may track through the use of each customer's access to the Product. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, customer must immediately notify Vendo or the site of said security breach. Customer will remain liable for unauthorized use of service until Vendo or the site is notified of the security breach by e-mail or telephone.
13. Sanction and Approval of Adult Material
- The producers of some Products may intend their Products for an age restricted audience. Access to such Products is intended solely for people who are of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY), who wish to access visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature. Materials available within this site may include depictions that are visually graphic in nature and portrayals of nudity or sexual acts and should not be accessed by anyone who is not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY), by anyone who finds such material offensive in nature, or by anyone who simply does not wish to be exposed to such materials. By purchasing the Product, you are implicitly making the following statements: "I affirm and swear that as of this moment, under penalty of Perjury, I am of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY). I will not permit any persons who are not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY) to view or access in any way any materials found on this Product. I understand that by accessing this Product, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature, portrayals of nudity, and sexual acts. I affirm that I am not offended by such materials, and that such materials are legal in my community. I am volunteering to view, hear, and access such materials on my own volition, and I choose to do so because I want to view/read/hear or otherwise access such materials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters, which is healthy and normal, and is also held by most adults in my area. I am completely familiar with the standards held in my community, and the material I expect to access in this site falls within these standards. In my experience, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors, and unwilling adults. Adults in my community will accept the standards displayed within this site, and will not find any of the material patently offensive."
14. Terms and Conditions
- Your purchase will be processed on Vendo’s secured server. Vendo HAS NO CONTROL OVER THE PRODUCT, or any of the design, layout, content, subject matter, services or persons that appear in or on or that are linked to the Product, or the geographical areas into which it may disseminate, broadcast or permit the downloading of or access to the services or materials offered by the Product. Accordingly, Vendo makes absolutely no representations and/or warranties, and provides no assurances, regarding the Product, the Product producer, or the quality, availability, legality or description of the services and/or materials offered. VENDO EXPRESSLY DISCLAIMS ANY WARRANTIES OF PRODUCER’S ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS PRODUCT. Any disputes arising in connection with this Product are between you and the producer of this Product. In certain circumstances, Vendo may provide access rights and customer service for the Product, in which case Vendo may be handling such disputes for the producer on a contract basis, but without any liability therefore. In all other cases, disputes should be directed to the contact information contained on the Product; however, you should feel free to contact Vendo in the event that you feel that the Product producer acted fraudulently, or you were misled in any way. Vendo urges you to carefully read the Terms and Conditions on the Product, and to ask the Product producer any questions you may have regarding the product before completing the transaction, by using the contact information on the Product page. By submitting your request for authorization of your transaction, you acknowledge having read, understood and agreed to the terms and conditions herein stated, AND agree to indemnify, defend, and hold Vendo harmless from any and all liabilities, damages (including attorneys fees and associated costs) and other costs and expenses arising in connection with your visit to or use of this Product, and/or your purchase or offer to purchase any of the Products.
15. Supplementary Terms and Conditions
- The Product may have additional Terms and Conditions that are an integral part of the offering to the customer, and are in addition to these Terms and Conditions. Such Terms and Conditions as listed at the Product page and/or the Product producer site will in no way invalidate any of the Terms and Conditions listed here. All Terms listed apply to Vendo, the Product, and the customer. I understand that by having checked the acknowledgement of Vendo's Terms and Conditions, I am affirming that I have read and understand the terms of this account and authorize Vendo to bill my chosen payment method in accordance with the current terms and conditions.
- This agreement is governed by the laws of Switzerland.
- If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- Notices by Vendo to customers may be given by means of electronic messages through the site, by email, by a general posting on the site, or by conventional mail.
- Notices by customers may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in the Agreement. All questions, complaints, or notices regarding the site must be directed to Vendo. All cancellations of service to a site must also be directed to Vendo.
- Questions and Contact Information. All questions to Vendo regarding these terms and conditions must be directed to Vendo Services GmbH, Dorfstrasse 50 CH-6390 Engelberg, Switzerland.