Terms and conditions

Terms and Conditions

Agreement between User and www.Sovation.com

 

Welcome to www.Sovation.com. The www.Sovation.com website (the “Site”) is comprised of various web pages operated by Sovation Media LLC (“Sovation Media”). www.Sovation.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.Sovation.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.Sovation.com is an E-Commerce Site.

Privacy 

 

Your use of www.Sovation.com is subject to Sovation Media’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

 

Electronic Communications 

 

Visiting www.Sovation.com or sending emails to Sovation Media constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

 

Your Account 

 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Sovation Media is not responsible for third party access to your account that results from theft or misappropriation of your account. Sovation Media and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

 

Children Under Thirteen 

 

Sovation Media does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.Sovation.com only with permission of a parent or guardian.

 

 

Cancellation/Refund Policy 

 

Given the nature of digital downloaded content, a refund on a purchase is not granted unless expressly stated on the item you purchased, such as a 30 day money back guarantee, or a refund is required by law. Sovation Media reserves the right to assess refund requests on a per-request basis.

If you have not downloaded a purchased item within 30 days from the date of purchase, you may be eligible for a refund. You will be required to provide your purchase order number in order for Sovation Media to verify your claim that you have not downloaded an item.

If an item doesn’t work the way it should then we will promptly fix the issue by updating the item. An item is “not as described” if it is materially different from the item description or preview. If the issue can’t be fixed or it turns out that the item is “not as described” then you would be entitled to a refund.

We will assess refund requests on their merits, considering the digital nature of Sovation Media’s digital download items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund in situations like the following:

  • You have changed your mind about an item;
  • You don’t want it after you’ve downloaded it;
  • You bought an item by mistake;
  • You do not have sufficient expertise to use the item;
  • The item did not meet your expectations or you feel the item is of low quality;
  • You claim that you are entitled to a refund but do not provide sufficient information as to why you are entitled to a refund;
  • You ask for goodwill; or
  • You can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

If we decide to issue a refund, this will generally be done using the same manner used to make the purchase. So if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars. If you would like to request a refund, click here.

 

 

Links to Third Party Sites/Third Party Services 

 

www.Sovation.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Sovation Media and Sovation Media is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sovation Media is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sovation Media of the site or any association with its operators.

Certain services made available via www.Sovation.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.Sovation.com domain, you hereby acknowledge and consent that Sovation Media may share such information and data with any third party with whom Sovation Media has a contractual relationship to provide the requested product, service or functionality on behalf of www.Sovation.com users and customers.

 

 

No Unlawful or Prohibited Use/Intellectual Property

 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.Sovation.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Sovation Media that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sovation Media or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  Sovation Media content and digital download products are not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Sovation Media and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sovation Media or our licensors except as expressly authorized by these Terms or our Digital Downloads Licensing Agreement.

 

 

Copyright Statement

 

The following statements apply only to our digital download products.

Images and other digital works used in Sovation Media digital download products are carefully selected.  Although we have completed thorough research with the assistance of attorneys to check for copyright on images it’s impossible to verify this for sure. By using Sovation Media LLC digital download products you agree to take on all responsibility and risk and not hold Sovation Media liable for any copyright claims.

Before you use your Sovation Media LLC digital download product for any project, it is important you review this copyright statement. Please read all the information below before using a Sovation Media LLC digital download product.

Sovation Media LLC respects the intellectual property rights of third-parties. Prior to publishing any content for sale or license (hereinafter “Materials”) on its website located at www.Sovation.com (“Website”), Sovation Media LLC conducted a diligent and good faith search of all relevant copyright records and other information relating to the Materials in an effort to identify the current owner(s) of the Materials, if any. Following these diligent efforts, Sovation Media LLC did not identify any records showing copyright or other intellectual property ownership in the Materials.

Sovation Media LLC therefore, believes the Materials are either in the public domain, creative commons, or are orphan works.

Please contact us immediately if you believe you are the copyright owner of any Material(s) published on the Website; you may reach us at any of the following: Email: Contact@Sovation.com (please use subject line “Copyright”)

Despite its efforts, Sovation Media LLC cannot and does not guarantee that any Materials offered for sale or license on the Website are no longer subject to copyright protection. Moreover, copyright laws vary by country and jurisdiction.

Sovation Media has diligently researched the copyright status of the Materials under U.S. Copyright Law. Because the Materials all appear to have been first published in the United States,

Sovation Media LLC has not researched or determined the copyright status of the Materials used on this site with respect to any other countries or jurisdictions and does not make any representations or warranties as to the non-infringement of any such material with respect to foreign copyright or other intellectual property protection.

This Note is solely intended to provide information about Sovation Media LLC’s diligent research efforts, to offer contact information to be used by anyone who believes they may have a copyright interest in the Materials, [and to provide all known information about the origin of the Orphan Works]. This Note is not an admission of liability of any kind. Nothing in this Note should be construed as a waiver of any of Sovation Media LLC’s rights under copyright law or any other laws, all of which are expressly reserved.

 

 

International Users 

 

The Service is controlled, operated, and administered by Sovation Media from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sovation Media Content accessed through www.Sovation.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

 

Indemnification 

 

You agree to indemnify, defend and hold harmless Sovation Media, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Sovation Media reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sovation Media in asserting any available defenses.

 

 

Arbitration 

 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute will be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award will be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party will be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision will be determined by the Arbitrator. This arbitration provision will survive the termination of these Terms and Conditions.

 

 

Class Action Waiver 

 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sovation Media agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

 

Liability Disclaimer 

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SOVATION MEDIA LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SOVATION MEDIA LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOVATION MEDIA LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOVATION MEDIA LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOVATION MEDIA LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

 

Termination/Access Restriction 

 

Sovation Media reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sovation Media as a result of this agreement or use of the Site. Sovation Media’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sovation Media’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sovation Media with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement will continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sovation Media with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sovation Media with respect to the Site. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

 

Changes to Terms 

 

Sovation Media reserves the right, in its sole discretion, to change the Terms under which www.Sovation.com is offered. The most current version of the Terms will supersede all previous versions. Sovation Media encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Sovation Media welcomes your questions or comments regarding the Terms: Sovation Media LLC .  Email Address:  Contact@Sovation.com 

Updated: August 07, 2019