TERMS OF USE

This General Terms and Conditions apply to BC Vault and to all BC VAult web based Products, Services, Home pages, Forums, Blogs, Wikis, etc. (collectively also named Products and/or Services).

BC Vault means REAL BCV d.o.o., Zolgarjeva 17, Maribor, Slovenia and without limitations also its subsidiaries, parent and/or affiliated companies.

You can accept the Terms by:

• clicking to accept or agree to the Terms, where this option is made available to you by BC Vault in the user interface for any Service; or
• by actually using the Services. In this case, you understand and agree that BC Vault will treat your use of the Services as acceptance of the Terms from that point onwards.

You must agree to all of the terms and conditions contained on this page to become a user of BC Vault Community services, which in turn permits you to access certain of BC Vault’s products on BC Vault’s web site. By completing the enrollment process or actually using the Services, you agree to the terms of this agreement, just as if you had signed this agreement. If you do not wish to be bound by this agreement, please do not complete the enrollment process or do not use the BC Vault site.

LIMITED LICENSE

Entire contents Copyright (c) 1997-2018 by BC Vault. All rights reserved.

Texts, graphs, illustrations and other presentations in any form whatsoever at the address bc-vault.com or any other web site ending with bc-vault are property of BC Vault. It is expressly forbidden to reproduce, distribute, sell, modify or re-design presentations at these addresses without written permission of BC Vault.

This web site may contain links to third party sites. Access to any other internet site linked to this web site is at the user’s own risk and BC Vault is not responsible for the accuracy of any information, data, opinions, advice or statement on these sites.

BC Vault makes no warranty. BC Vault provides the BC Vault web sites “as is”, “with all faults” and “as available” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the NIL parties make no representation, warranties or conditions, expressed or implied, including without limitation:

• Warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringment.
• Warranties or conditions arising through course of dealing or usage of trade and
• Warranties or conditions that acces to – or use of the BC Vault web sites will be uninterrupted or error free. There are no warranties that extend beyond the face of this agreement.

LIABILITY LIMITATION

In no event will BC Vault be liable for any damages, including without limitation any indirect consequential, special incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the BC Vault web sites, even if such BC Vault party has been advised of the possibility of such damages. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damage arises from:

• Breach of contract
• Breach of warranties
• Negligence
• Any other cause of action, to the extent such exclusions and limitations are not prohibited by applicable law.

If you are dissatisfied with BC Vault web sites, you do not agree with any part of this agreement, or you have any other dispute or claim with or against BC Vault with respect to this agreement or the BC Vault web sites or on-line services, then your sole and exclusive remedy is to discontinue using the BC Vault web sites. If not specifically stated BC Vault does not guarantee in any time and manner the availability of its on-line services. If a service is requested where the period of its realization is not expressly specified and/or precisely scheduled then this request and/or services will be handled on a first come-first serve basis.

When using BC Vault web sites you acknowledge and agree that the BC Vault and its parties are not responsible or liable for:

• Any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortuous, or illegal content.
• Any third party conduct, transmission or data.
• Any viruses or other disabling features that affect your access to or use of the BC Vault web sites.
• Any incompatibility between the BC Vault web sites and other web sites, services, software and hardware.
• Any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the BC Vault web sites in an accurate or timely manner.
• Any damages or costs of any type arising out of or in any contested case with your use of any services available from third parties through links contained on the BC Vault web site. All limitations, exclusions and disclaimers of this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.

USING AND OR CONTRIBUTING TO NIL PRODUCTS OR SERVICES

NIL Community and or Products are/can be moderated by BC Vault Community Administrators and its authorized persons who reserve the right to exercise full editorial control over posted content. By submitting a comment to the BC Vault Community you understand and agree that we may post your comment in its entirety, in an edited version, or not at all. Any editing will be done primarily for purposes of clarity, length or deletion of offensive, inappropriate, or potentially defamatory material.

You represent that comments posted by you on the BC Vault Community will not defame, compromise the trade secrets or confidential information of, or violate the copyright or other intellectual property rights of, any third party. You agree to defend, indemnify and hold BC Vault harmless from and against any claims, losses or liabilities based on a violation of the foregoing representation.

You agree not to post any information that may infringe upon or violate any third party’s intellectual property rights, including, without limitation, copyright, patent, trademark, trade secret, moral rights, proprietary rights or rights of publicity or privacy, or contain obscenity, pornography or be otherwise inflammatory, or which contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or which is materially false, misleading or inaccurate. These Services are not to be used as a solicitation for business.

Messages, comments or revisions posted to BC Vault Community, Forums, Wikis and/or Blogs are not/may not be pre-screened. BC Vault, or a third party organization whom BC Vault may appoint to moderate a particular Service, each reserves the right, although it does not have the obligation, to monitor content throughout the Website (or a specific forum, as applicable) and to remove any content which BC Vault or such third party organization, in its sole discretion, determines to be harmful, offensive, defamatory, libelous, illegally threatening or harassing or which contains obscenity, pornography or is otherwise inflammatory; which may create liability for BC Vault; or is unrelated to the intention of the community or otherwise in violation of BC Vault’s policies of acceptable use.

You acknowledge and agree that everything hosted/posted/uploaded on BC Vault Website is by the moment of its posting on BC Vault’s site the intellectual property of BC Vault. You hereby grant to BC Vault a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) license to implement, distribute, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and use such information in any manner it sees fit. You agree that this license includes a right for BC Vault to make such Content available to other companies, organizations or individuals with whom BC Vault has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. You confirm and warrant to BC Vault that you have all the rights, power and authority necessary to grant the above license.

Comments or opinions expressed on the BC Vault Community, including BC Vault Products and/or services are those of their respective contributors only. The views expressed by outside contributors do not represent the views of BC Vault, its management, employees or any with BC Vault associated subjects. BC Vault is not responsible and disclaims any and all liability for the content of comments written by outside contributors to the BC Vault Community.

BC VAULT’S ACCEPTABLE USE POLICY

This Acceptable Use Policy (“AUP”) sets forth the principles that govern the use by customers of the Web-based products and services provided by BC Vault.

GENERAL VIOLATIONS

This AUP identifies the actions that BC Vault considers to be Prohibited Actions (meaning those actions which create denial of access or impediment of service).

PROHIBITED ACTIONS: GENERAL TERMS AND CONDITIONS OF USE

• Copying/duplicating the Licensed Product or creating subsets or derivative databases from the licensed products.
• Assigning, selling or passing along the Licensed Product.
• Publishing or otherwise disseminating the Licensed Product or creating subsets or derivatives of the Licensed Products.
• Providing services for a fee using the Licensed Product or any subsets or derivatives thereof.
• Allowing data from the Licensed Product to be made available to others or downloading the Licensed Product onto any electronic storage media or distributing or transferring the Licensed Product or its derivatives in any form (printed, electronically relayed, posted to public list services or bulletin boards, or magnetically stored) to, or for the benefit, of others.
• Unauthorized distribution of passwords and/or access codes.

PROHIBITED ACTIONS: IMPERSONATION/FORGERY

• Adding, removing, or modifying identifying network header information in an effort to deceive or mislead.
• Attempting to impersonate any person by using forged headers or other identifying information.

PROHIBITED ACTIONS: NETWORK UNFRIENDLY ACTIVITY

• Any activities which adversely affect the ability of other people or systems to use BC Vault services or the Internet are prohibited. This includes “denial of service” attacks against the BC Vault servers, network hosts or any individual user.
• Using any program/script/command, or sending messages of any kind, designed to interfere with a User’s session, by any means, locally or by the Internet.

PROHIBITED ACTIONS: ACCESS CONTROL AND AUTHENTICATION

• Attempting to circumvent user authentication or security of any host, network, or account is strictly prohibited. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of BC Vault servers and networks.

ENFORCEMENT

BC Vault reserves the right to monitor Internet access to the BC Vault services by authorized User(s)/Licensee(s), as part of the normal course of its business practice. Should BC Vault discover User(s) engaged in Prohibited Actions as outlined above, which create denial of access or impediment of service, and which adversely affect BC Vault’s ability to provide services, BC Vault reserves the right to temporarily suspend User/Licensee access to the BC Vault Servers and/or services or Licensed Products. BC Vault shall make written/electronic notification to User or Licensee point of contact of any temporary suspension, and the cause thereof, as soon as reasonably possible. This temporary suspension will remain in effect until the Prohibited Actions have ceased.

RIGHT OF WITHDRAWAL

If you are a Consumer Customer, you have a fourteen (14) days right of withdrawal pursuant to European consumer protection laws. European Union’s standardised information sheet below.

Your right of withdrawal

You have the right to withdraw from this agreement within fourteen days without having to give any reason.
The withdrawal period (or cooling-off period) expires fourteen days after the day on which you, or a third party designated by you other than the carrier, physically takes possession of the item (or the last item in the case of a single order).
To exercise your right of withdrawal, you must notify us of your decision to withdraw from this agreement by means of a straightforward statement (e.g. letter sent by post or email).
You can contact us by email at support@bc-vault.com. To be within the withdrawal period, you just need to send your statement about exercising your right of withdrawal before the withdrawal period expires.

The effects of your withdrawal

If you withdraw from this agreement, we will refund all payments we have received from you, including delivery costs (except for additional costs due to your choosing, where applicable, a delivery method other than the less costly standard delivery method we offer) without excessive delay and, in any event, no later than fourteen days from the date on which you informed us of your decision to withdraw from this agreement. We will make the refund using the same payment method you used for the original transaction unless you explicitly agree a different method; in any case, this refund will not incur any costs for you.

For cryptocurrency payments, you will be reimbursed in cryptocurrency but for the euro equivalent of the initial purchase.
We may defer the refund until we have received the item or until you have provided proof of shipment of the item, whichever occurs first.
You must return the item to us at REAL BCV d.o.o., Zolgarjeva ulica 17, 2000 Maribor, Slovenia without undue delay and in any event no later than fourteen days after you have let us know of your decision to withdraw from this agreement. You are deemed to be within this period if you return the item before the fourteen-day period expires.
You are only liable for depreciation of the item resulting from handling of the item that goes beyond what is necessary to establish the item’s nature, characteristics and proper functioning.

Specific rules and exceptions

If a product that is part of a bundled offer is returned, you must return the entire bundle in its original packaging for a full refund.

For textile products, we do not accept returns of products that have already been worn (except for a short time to check the size/fit) or products that have been washed. The returned product must be in its original condition and in its original packaging.
For any complaints about the Products, please use the support contact form.

GUARANTEE

Non-Business Customers benefit from statutory guarantees when purchasing a product from BC Vault on our Website.
Summary of your rights as a Non-Business Customer:
1.  Where you are acting on the basis of the statutory guarantee of conformity:
• you benefit from a period of two years from delivery of the Product to act against BC Vault in the event of a non-conformity with the Product that we have sold you (and the digital elements it contains);
• you may choose between the Product’s repair or replacement. BC Vault may not proceed with what you choose if the request to bring it into conformity is impossible or results in disproportionate costs;
• you are exempted from providing proof that there is a non-conformity with the Product in the twenty-four months following its delivery date;
• The statutory guarantee of conformity applies independently of the provisions of the BC Vault Conditions.
Business Customers do not benefit from the statutory guarantee of conformity but can invoke the latent defects guarantee for the item sold.        
If you wish to make a claim under your statutory guarantees, please use the support contact form.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Slovenia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of the Republic of Slovenia. If you are a consumer residing in the European Union, you may also be entitled to initiate proceedings in your country of residence under applicable EU consumer protection laws.