Terms of Purchase

1. SEESTORM AVATAR Purchase Terms

1.1. These purchase terms ("Purchase Terms") comprise a binding contract between you as an authorized user ("Authorized User" or "you") of the SeeStorm service ("Service") and SEESTORM, Inc. ("SEESTORM") for the usage of the 3D-character model or set of 3d character models ("Avatars") from galleries presented on SeeStorm website.

1.2. Please read these Purchase Terms carefully because they form a legal document. By submitting an order you agree to be bound with SEESTORM by these Purchase Terms. If you do not wish to accept these Purchase Terms, you should not submit an order.

1.3. These Purchase Terms do not affect any consumer rights, which you may have under the provisions of any law or regulation in the country where you live ("Local Law"), except where those rights are capable of being waived by you under the provision of your Local Law. You agree that, agreeing to these Purchase Terms with SEESTORM, you waive any consumer rights you have which are capable of being waived under your Local Law and that these Purchase Terms are the only terms and conditions that apply between you and SEESTORM in respect of your use of the Service and the supply by SEESTORM of selected Avatar.

1.4. Purchase of Avatars requires you to be an authorized user of Service, and to comply with SEESTORM End-User License Agreement.

2. Terms of Purchase

2.1. These Purchase Terms will not form a binding contract between you and SEESTORM for the purchase and supply of the Avatars until the following conditions have been met:

2.1.1. you have submitted your offer to buy certain Avatars (‘Order’) using the order facility provided; and

2.1.2. SEESTORM notifies you by e-mail that your Order for those Avatars has been accepted and SEESTORM agrees to supply the Avatars to you.

2.2. For the avoidance of doubt you do not have a right to cancel your Order for Avatars after SEESTORM has provided its notice of acceptance to you in accordance with Clause 2.2 above.

2.3. SEESTORM will not be responsible for any loss or damage, howsoever arising, as a result of a failure, refusal or inability by SEESTORM to fulfill an Order.

3. Price and Specification of Avatars

3.1. All prices quoted include value added tax (at the applicable rate from time to time), and if there is a separate postage and packaging charge this is listed with the price and specification of Avatars. SEESTORM shall not be liable for any other sales taxes, customs or import duties or other taxes that may be imposed on you by any relevant taxing authority. You are responsible for any such taxes.

3.2. SEESTORM will grant you an ability to use Avatars you choose with SeeStorm Messenger for certain amount of time, as mentioned at the description and pricing information presented on SeeStorm website.

3.3. Ability to use Avatars is granted for one SeeStorm UIN only that you have filled in along with your Order.

3.4. You do not have rights to use Avatars with other UINs except filled in along with the Order by this Terms of Purchase. To use Avatars for other UIN you have to make another purchase.

3.5. All Purchase Prices and specifications of Avatar are subject to change without notice to you, except where SEESTORM has accepted your Order and Order in the process of delivering to you.

3.6. The Purchase Price payable for use of the Service must be paid in advance. The Purchase Price is paid by credit card. We have the right to check with your card provider and any credit reference agency or bank to confirm whether or not you are able to pay the Purchase Price. We have the right to refuse your order at our discretion.

4. SEESTORM's Responsibilities

4.1. SEESTORM undertakes to use commercially reasonable endeavors to prevent breaches of security of the Service (including your credit card details provided by you when you submit an Order for any Avatars), and to use reasonable endeavors to ensure that any SEESTORM suppliers, subcontractors or agents (collectively, "SEESTORM Contractors") comply with this Clause 4.1.

4.2. The service is provided on an "as is" and "as available" basis, and SEESTORM makes no representation or warranty that the Service offered will be accessible, or useable by you, or error free.

4.3. SEESTORM reserves the right without notice to you, to suspend or alter the operation of the Service, at its sole discretion or for legal or technical reasons. SEESTORM will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons.

5. Returns Policy

5.1. Avatar or avatar set purchased is not the subject for return or recharge unless such warranties are legally incapable of exclusion.

5.2. In case of time-limited usage of Avatars fee you have paid is not subject to refund either completely or partially unless such warranties are legally incapable of exclusion even in case of terminating the Terms for any reason during or before passing the appropriate time.

6. Your Responsibilities

6.1. You agree that you are responsible for the security and use of any UINs or passwords needed to access the Service or any part of it. You must take all reasonable steps to ensure that these user UINs and passwords are kept confidential and secure and that you do not allow any unauthorized person to access the Service using your UIN or password.

6.2. You warrant that you are at least 18 years old and the proper authorized owner of the credit card, details of which you supply to SEESTORM.

6.3. You warrant that you have mentioned correct UIN along with your Order.

6.3.1. Note that if you have mentioned wrong UIN, you will not be able to change it after order is completed.

6.3.2. Note that SEESTORM do not limit you to make Orders for your own UIN only, but it is solely your responsibility to decide and to fill-in correct UIN along with your Order.

6.4. You warrant that all information given by you in your registration or use of this Service is accurate and not misleading and that you will not use this Service:

6.4.1. for any fraudulent or illegal purposes;

6.4.2. for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety and you agree that you will be liable for any action taken against us or against you in relation to such use;

6.4.3. and in a manner which constitutes a violation or infringement of any right of person, firm or company (including but not limited to rights of copyright or confidentiality).

6.5. You acknowledge that all copyright, trademarks and all other intellectual property rights in any part of the Service or any material supplied as part of the Service belongs to us or our licensors. You acknowledge that you are permitted to use the Service only as expressly authorized by us pursuant to these Purchase Terms.

6.6. You agree to indemnify SEESTORM against any claims, costs, expenses or legal proceedings caused as a result of your use of this Service in contravention of this Clause 6. Further, in these circumstances, SEESTORM shall be entitled to treat the contravention as a material breach of these Purchase Terms and terminate the Purchase Terms, cancel any pending orders for Avatars made by you and terminate any access permission granted to you by SEESTORM forthwith, without notice to you.

6.7. You are advised to read our Privacy Policy.

7. Compatibility guarantee

7.1. SeeStorm guaranties that Avatar you purchased will be compatible with the appropriate version of SeeStorm Messenger, which is available to download on the SEESTORM site at the moment of purchasing (“Current version”), for both you and parties you communicate to.

7.2. SEESTORM make efforts to achieve this, but take no obligations that Avatars will be compatible with other then Current version of SeeStorm Messenger used by you and/or by parties you communicate to, whether with older or with any of subsequent versions of SeeStorm Messenger.

8. Avatar usage limitations.

8.1. Usage of an Avatar created by SESSTORM according with this Terms of Purchase is limited to use only with SEESTORM Messenger software while communicating with other people in according with SeeStorm Messenger License End-User Agreement.

8.2. You may not use Avatars with any other software or in any other way not listed in this Terms Of Purchase.

8.3. Commercial use of Avatar is limited to participating in SeeStorm official affiliate programs only, in according with appropriate terms of service.

8.4. Any other commercial usage of Avatar is prohibited.

8.5. You may not copy, reverse engineer or decompile your Avatar or any avatar-enabled application, save as permitted by law.

9. Duration of Purchase Terms and Termination

9.1. These Purchase Terms are binding upon you immediately you accept them in accordance with Clause 2 and they will remain in force until both parties have performed their obligations under these Purchase Terms or either party breaches its obligations under these Purchase Terms.

9.2. In case of purchasing ability for time-limited use of Avatar these Purchase Terms will terminate automatically after passing exact time amount mentioned.

9.3. Termination in accordance with this Clause 9 shall not prejudice or affect any right of action or remedy that shall have accrued or shall thereafter accrue to either of us.

10. General

10.1. These Purchase Terms form the entire agreement between you and SEESTORM and supersede any other oral or written communications, agreements or representations with respect to your use of this Service.

10.2. SEESTORM reserves the right to add to or change the terms of these Purchase Terms in its sole discretion without prior notice to you. All changes to the Purchase Terms will be effective once posted on the Service. SEESTORM will provide notice of the changes to the Purchase Terms for (30) days after posting the amended Purchase Terms on the Service. Your continued use of the Service and submission of any Order in accordance with Clause 2.2.1 above following SEESTORM’s posting of such changes will be regarded by SEESTORM as acceptance of the amended Purchase Terms. If you do not agree to be bound by the amended Purchase Terms, you should exit the Service and not access the Service or submit any Orders for Avatars to SEESTORM.

10.3. Nothing in these Purchase Terms affects your statutory rights as a consumer.

10.4. If any part of these Purchase Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Purchase Terms will not be affected.

10.5. If SEESTORM is unable to perform any obligation under these Purchase Terms because of a matter beyond its reasonable control (including but not limited to); fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of SEESTORM, SEESTORM will have no liability for that failure to perform.

10.6. Your use of the Internet is solely at your risk and subject to all applicable laws, and SEESTORM has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.

Please explore other legal issues:
End-User License Agreement, Terms of Purchase,
AvatarMe Terms of Service, Copyright notice, Privacy Policy