Terms of service

OVERVIEW

Welcome to Knygų Kultas! The terms "we", "us" and "our" refer to Knygų Kultas. Knygų Kultas operates this store and website, including all related information, content, features, tools, products and services, so that you, the customer, would be provided a carefully maintained shopping experience (hereinafter – Services). Knygų Kultas operates with "Shopify," which allows us to provide the Services to you.

The following terms and conditions together with any policies mentioned herein (hereinafter – these Terms of Service or Terms) describe your rights and obligations when you use the Services.

Read these Terms of Service carefully, because they contain important information about your rights and discuss such areas as disclaimer of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to comply with these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or the Privacy Policy, you should not access or use our Services.

SECTION 1. ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are of legal age according to the laws of your state or region of residence and have given us consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you. In order to use the Services, including access to or browsing our online stores or purchasing any products or services offered by us, you may be asked to provide certain information, e.g., email address, billing, payment and delivery details. You represent and warrant that all information you provide in our stores is correct, current and complete, and that you have all rights necessary to provide this information. You assume full responsibility for the security of your account credentials and all activity in your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2. OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that actual colors or product appearance may differ from those depicted on your screen due to the type, settings and configuration of the device you use to connect to the store. We do not guarantee that the appearance or quality of products or services purchased by you will meet your expectations or will be the same as depicted or provided in our online stores. All product descriptions are subject to change at our discretion, at any time and without prior notice. We reserve the right to discontinue the supply of any product at any time and in each case individually may limit the quantities of any products we offer to any person, geographic region or jurisdiction.

SECTION 3. ORDERS

By placing an order, you are making an offer to buy. Knygų Kultas reserves the right at its discretion to accept or reject your order for any reason. Your order is not considered accepted until Knygų Kultas confirms its acceptance. Before accepting your order, we must receive and process your payment. Before placing an order, review it carefully, as Knygų Kultas may not have the possibility to satisfy requests to cancel an order after its acceptance. If we do not accept an order, change it or cancel it, we will try to inform you via the email address, billing address and (or) phone number provided at the time the order was placed. Your purchases can be returned or exchanged only in compliance with our Return Policy. You represent and warrant that your purchases are intended for personal or household use, and not for commercial resale or export.

SECTION 4. PRICES AND INVOICES

Prices, discounts and promotions are subject to change without notice. The price of a product or service is considered the price that is in effect at the time the order is placed and is indicated in your order confirmation email. Unless explicitly stated otherwise, the provided prices do not include state fees, shipping, handling, customs or import taxes. Prices published in our online stores may differ from prices offered in physical stores or online or other stores managed by third parties. From time to time we may offer promotions for Services, which may affect pricing and to which separate conditions apply, unrelated to these Terms. If there are contradictions between the conditions of a promotion and these Terms, priority is given to the promotion conditions. You agree to provide current, complete and accurate purchase, payment and account information for all purchases performed in our stores. You agree to promptly update your account and other information, including email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary. You represent and warrant that (i) the credit card information provided by you is correct, accurate and complete, (ii) you are properly authorized to use such credit card for purchase, (iii) your credit card company will process the charges applicable to you and (iv) you will pay the incurred charges, calculated according to published prices, including shipping and handling costs and all applicable state fees, if any.

SECTION 5. SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery terms are only approximate and are not guaranteed. We are not responsible for delays caused by the fault of shipping carriers, customs procedures or circumstances beyond our control. When we hand over the goods to the carrier, the title and risk for them pass to you.

SECTION 6. INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, brand marks, text, displays, images, graphic elements, product reviews, video and audio recordings, as well as their design, selection and arrangement, belong to Knygų Kultas, its affiliates or licensors and are protected by US and foreign patents, copyrights and other intellectual property laws. These Terms allow you to use the Services only for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store or transmit any material contained in the Services. Except where explicitly stated otherwise herein, no part of these Terms grants or can be interpreted as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property belonging to Knygų Kultas, Shopify or any third party. Unauthorized use of the Services may be considered a violation of federal and state intellectual property laws. All rights not explicitly granted herein belong to Knygų Kultas. Knygų Kultas names, logos, product and service names, designs and slogans are considered trademarks of Knygų Kultas or its affiliates or licensors. You do not have the right to use such trademarks without the prior written consent of Knygų Kultas. The Shopify name, logo, product and service names, designs and slogans are considered Shopify trademarks. All other names, logos, product and service names, designs and slogans used in the Services are trademarks of their respective owners.

SECTION 7. OPTIONAL TOOLS

You may be provided access to third-party customer tools which are considered part of the Services and which we do not monitor, control or condition. You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations or conditions and without any endorsement. We do not assume any liability arising from or related to your use of optional third-party tools. You assume all risk for any use of optional tools offered on the website at your own discretion, therefore you should ensure that you are familiar with and approve of the terms of the respective third-party provider(s) for the provision of tools. In the future, we may also offer new features through the Services (including the introduction of new tools and resources). Such new features will also be considered part of the Services and are subject to these Terms of Service.

SECTION 8. THIRD-PARTY LINKS

The Services may contain material and links to websites provided or managed by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party material or websites that you choose to open. If you decide to leave the Services to access this material or third-party websites, you do so at your own risk. We are not responsible for any damage or losses related to your access to any third-party websites or products, services, resources or content purchased or used by you on any third-party websites. Before performing any transaction, carefully review third-party policies and practices and ensure that you understand them. Complaints, claims, observations or questions regarding third-party products and services should be addressed to the third parties.

SECTION 9. RELATIONS WITH "SHOPIFY"

Knygų Kultas operates with "Shopify," which allows us to provide the services to you. However, all your sales and purchases in our Store are performed directly with Knygų Kultas. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of sales between you and Knygų Kultas, including any injuries, damage or losses arising from purchased products and services. You directly release Shopify and its affiliates from all claims, damages and liability arising from or related to your purchases and transactions with Knygų Kultas.

SECTION 10. PRIVACY POLICY

All personal data we collect through the use of the Services is subject to our Privacy Policy, and certain personal data may be subject to Shopify's Privacy Policy, which you can review here. By using the Services, you confirm. By using the Services, you confirm that you have read these privacy policies. Because the Services are provided on the Shopify platform, Shopify collects and processes personal data about your access to and use of the Services so it can provide and improve the Services for you. Information you provide to the Services will be transferred and shared with Shopify, as well as with third parties that may be located in countries other than your place of residence, for the purpose of providing the Services to you. More information about how we, Shopify, and our partners use your personal data can be found in our privacy policy.

SECTION 11. FEEDBACK

If you provide, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, recommendations, plans or other content (hereinafter collectively – "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. For example, we may use our rights under this license to manage, provide, evaluate, improve, enhance and promote the Services, fulfill our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (i) you have all necessary rights to all Feedback; (ii) you have reported any compensation or incentives received for the provided Feedback; and (iii) your Feedback will comply with these Terms. We do not undertake and will not be obligated (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback. We may, but are not obligated to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violating any party's intellectual property or these Terms of Service. You agree that your Feedback will not violate any rights of third parties, including copyrights, trademarks, privacy, personality rights or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, offensive or obscene Feedback, nor will it contain any computer viruses or other malicious programs that could in any way affect the functionality or operation of the Services or any related website. You may not use a false email address, pretend to be another person or otherwise mislead us or third parties regarding the origin of any Feedback. You assume full responsibility for any feedback you provide and its accuracy. We assume no responsibility and no obligations for Feedback posted by you or third parties.

SECTION 12. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions related to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right at any time without prior notice (including after an order has been submitted) to correct errors, inaccuracies or omissions of information, as well as to change or update information or cancel orders if any information is inaccurate.

SECTION 13. PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not directly or indirectly access or use the Services: (a) for any unlawful or malicious purposes; (b) in order to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) in order to violate our or others' intellectual property rights; (d) in order to harass, abuse, insult, harm, defame, disparage or intimidate any of our employees or any other person; (e) in order to transmit false or misleading information; (f) in order to send, intentionally receive, upload, download, use or reuse any material that does not comply with these Terms; (g) in order to transmit or arrange for the sending of any advertising or promotional material, including any "junk mail", "chain letters", "spam" or any other similar communication; (h) in order to impersonate or attempt to impersonate any other person or entity; or (i) in order to engage in any other activity that restricts or inhibits anyone from using or enjoying the Services, or which, in our opinion, may harm Knygų Kultas, Shopify or users of the Services or expose them to liability. You also agree: (a) not to upload or transmit viruses or any other malicious code that will or may be used in any way to affect the functionality or operation of the Services; (b) not to reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) not to collect or track the personal data of others; (d) not to spam, phish, pharm, pretext, spider, crawl or scrape; or (e) not to interfere with or circumvent the security features of the Services or any related website, other websites or the internet. We reserve the right at any time without notice to suspend, disable or cancel your account if we determine that you have violated any part of these Terms.

SECTION 14. TERMINATION

We may at our discretion at any time without notice terminate this agreement or your access to the Services (or any part thereof), and you will remain liable to pay all amounts calculated up to and including the date of termination. The following provisions will survive any termination of the agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which by their nature should survive termination.

SECTION 15. DISCLAIMER OF WARRANTIES

Information delivered in or through the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. You assume all risk for any reliance on such information. We assume no responsibility and obligations arising from any reliance on such material by you or any other visitor to the Services or any other person who may be informed of the content of the material. EXCEPT AS EXPLICITLY STATED BY Knygų Kultas, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY EXPLICITLY EXPRESSED OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, STATE OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, THEREFORE THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

SECTION 16. LIMITATION OF LIABILITY

TO THE EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES SHALL Knygų Kultas OR "SHOPIFY" AND ITS AFFILIATE PARTNERS, DIRECTORS, SPECIALISTS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DAMAGE, LOSSES, CLAIMS OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGE, REGARDLESS OF WHETHER IT WOULD BE RELATED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER CIRCUMSTANCES, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO HOW YOU USE THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS OF ANY TYPE OF CONTENT, OR ANY LOSSES OR DAMAGE INCURRED DUE TO THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE PROVIDED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SECTION 17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Knygų Kultas, Shopify and our affiliates, partners, specialists, directors, employees, representatives, contractors, licensors and service providers from any losses, damage, liability or claims, including reasonable attorneys' fees, payable to third parties due to (1) your violation of these Terms of Service or the documents referenced therein, (2) your violation of any law or the rights of a third party or (3) your access to and use of the Services. We will notify you of any claim for indemnification, provided that failure to promptly notify you will not release you from obligations unless you are materially harmed. We may control the defense and settlement of such a claim at your expense, including selecting an attorney, however, without your consent (which cannot be unreasonably withheld) we will not satisfy any claims regarding your non-monetary obligations. You will cooperate in defending against claims for indemnification, including providing relevant documents.

SECTION 18. SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; this shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19. WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision provided in these Terms of Service does not constitute a waiver of such right or provision. These Terms of Service and any policy or operating rules posted on this website or related to the Service constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous, oral or written agreements, communications and proposals between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20. ASSIGNMENT

You may not assign, set or transfer this Agreement or any of your rights or obligations under these Terms without our prior written consent, therefore any attempt to do so will be considered null and void. We may transfer, set or assign these Terms and our rights and obligations to you without your consent or notice.

SECTION 21. GOVERNING LAW

These Terms of Service and any other separate agreements by which we provide Services to you are governed by and construed in accordance with federal and state or territorial courts in the jurisdiction in which Knygų Kultas is located. You and Knygų Kultas agree to the venue and personal jurisdiction of such courts.

SECTION 22. HEADINGS

The headings used in this agreement are provided for convenience only and do not limit or otherwise affect these Terms.

SECTION 23. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right at our discretion to update, supplement or change any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. We will notify you of any material changes to these Terms in accordance with applicable laws, and such changes will take effect on the date specified in the notice. Your continued use of the Services or access to them after the posting of any changes to these Terms of Service means that you agree to those changes.