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TERMS AND CONDITIONS
Last Updated: 2025/9/1
Welcome to KovaScape. These Terms and Conditions ("Terms") govern your use of the www.kovascapehomedecor.com website (the "Site") and all related services offered by KovaScape ("we," "us," or "our"). Please read these Terms carefully before using our Site.
By accessing or using our Site, purchasing our products, or utilizing our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you may not access the Site or use our services.
Privacy policy
1. Acceptance of Terms
By using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms referenced herein. These Terms apply to all visitors, users, and others who access or use the Service.
2. Our Relationship with WIX
Our Site is hosted on the WIX.com platform. WIX provides us with the online e-commerce platform that allows us to sell our products and services to you. Your use of our Site is also subject to WIX's own Terms of Use and Privacy Policy, which are separate from our own. We are not responsible for WIX's platform, its services, or any of its terms or policies. You acknowledge that any dispute regarding the functionality, security, or availability of the Site platform itself (as opposed to the content and services we provide on it) is primarily a matter between you and WIX.
3. Intellectual Property Rights
a. Our Content: All content on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of KovaScape or its content suppliers and is protected by international copyright and intellectual property laws.
b. Trademarks: "KovaScape" and all related graphics, logos, service marks, and trade names used on this Site are our trademarks and may not be used without our express written permission.
c. Your Submissions: You retain all ownership rights to the images, designs, or other content you submit to the Site ("User Submissions"). However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, and display your User Submissions to the extent necessary to provide our services (e.g., to create and ship your framed art).
4. User Conduct & Account Creation
a. Prohibited Activities: You agree not to use the Site:
For any unlawful purpose.
To upload or transmit any content that is defamatory, obscene, threatening, or infringes on any third party's intellectual property rights.
To introduce viruses or malicious code.
To collect or track personal information of others.
For any commercial purpose without our express written consent.
b. Account Security: If you create an account, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
5. User Submissions & Representations
When you submit any User Submission, you represent and warrant that:
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You own or have the necessary licenses, rights, consents, and permissions to use the content.
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Your submission does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights.
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The content is not libelous, defamatory, or otherwise unlawful.
We reserve the right to refuse or remove any User Submission at our sole discretion.
6. Products & Services
a. Product Information: We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
b. Product Variations: For wooden and handcrafted products, natural variations in grain, texture, and color are to be expected and are not considered defects. These variations do not qualify the product for return or refund.
c. Availability & Pricing: We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. All descriptions of products and their pricing are subject to change at any time without notice, at our sole discretion.
7. Third-Party Services
We may use third-party services, such as WIX and various payment gateways, to operate our Site and fulfill your orders. You acknowledge and agree that we are not liable for any acts or omissions of these third-party providers, including but not limited to service interruptions, data security breaches, or payment processing errors. Your use of these third-party services may be subject to their separate terms and policies.
8. Disclaimer of Warranties
Your use of the site and our products is at your sole risk. The site and all products and services delivered to you are provided "as is" and "as available" without any warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the site, hosted on the Wix platform, will be uninterrupted, secure, or error-free.
9. Limitation of Liability
To the fullest extent permitted by law, KovaScape, its directors, officers, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from any of the following:
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Your access to, use of, or inability to access or use the Site, including any issues arising from the WIX platform.
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Any conduct or content of any third party (including WIX) on the Site.
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Any content obtained from the Site.
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Unauthorized access, use, or alteration of your transmissions or content.
10. Indemnification
You agree to defend, indemnify, and hold harmless KovaScape and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, resulting from or arising out of a) your use and access of the Site, b) your violation of these Terms, or c) your User Submissions.
11. Governing Law & Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of the Country/State, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Site shall be resolved in the state or federal courts located in the City/State.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide notice on our Site prior to any new terms taking effect. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms.
13. Contact Information
Questions about these Terms and Conditions should be sent to us at: kovascape@gmail.com
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