Our Terms and Conditions
The customer must read and agree to these terms and conditions before taking a transaction in the store. By applying for items and services from this website the customer is agreeing to these terms and conditions as well as the Privacy Policy and is agreeing to be legally bound by them. This website contains age-restricted content. Any videos or other content found on this website is expressly prohibited for anyone under legal age in their respective country and jurisdiction and as a minimum to anyone below 18 years of age.
Definitions
“Fighting-Divas”, “we” or “us” shall mean the company “Moiry Nemesis s.r.o.” that runs the website from which the customer purchases any content, or shall mean any of the service companies who bill the customer or provide additional services to fulfil the contract. The “customer” shall mean the guest/user/purchaser of the site. “Content” or “item” means the material/video/picture/product that is provided by the company and purchased by the customer. The “Access Right” shall mean the license to download the content (e.g. any content, a purchased product or customized item).
Description of downloadable items
We provide an access right by downloadable link to access the items the customer has purchased. The access right will be temporary and will be valid for a limited number of days with a limited number of download attempts. The temporary restrictions are communicated to the customer during the purchase process. The access right shall be granted for sole use to only one customer. Prices of videos and custom services are subject to change at any time at the sole and absolute discretion of the company.
Purchase Confirmation
The customer receives an email confirmation to the email address provided with the order. A copy can be requested via the official emails. The contract between both sides is closed as soon as the order is submitted. The price the customer has paid will appear on the purchase confirmation as well as the customers credit card bill or payment statement depending on the customers choice of payment means.
Billing
For each charge the brands Epoch.com, CCBill.com or others will appear on the credit card statement or specific payment statement of the Customers. The billing may include other technical information. Each billing will be done immediately after purchase.
Refunds and chargebacks
Refunds will be only granted for files that have not been downloaded. The refund will be credited only to the payment method used in the transaction. We reserve the right to deny any future purchases to buyers with chargebacks. In case of fraudulent transactions we me may contact the customers issuer to protect the customer and prevent further fraudulent charges.
Intellectual Property Rights and Authorization of Use
All items, information and services from this website are for personal use and not for any commercial purposes or by a third party. Any commercial use is strictly prohibited unless authorized by the company. No content within the site my be transferred to any third party or distributed, downloaded or otherwise obtained through peer-to-peer networks or any file sharing platforms. The content may not be modified or altered. The content may not be displayed publicly or used for any rental, sale, or display. The content extend to copyright, trademarks, or other proprietary notices. Fighting Divas and the site reserve the right to terminate the access right at any time for any customer if the terms of this agreement are breached. In the event that the terms are breached, customer will be required to immediately destroy any information or content printed, downloaded or otherwise copied from the site. All content from this website is copyrighted by the company. The companies name, the websites domain name, and all related names, logos, product and service names, designs, and slogans are the companies service marks, trademarks, and trade names. You must not use those marks without the companies written permission. All other names, logos, product and service names, designs, and slogans on this Website are the service marks, trademarks, or trade names of their respective owners.
Supplementary Terms and Conditions
The website may have additional Terms and Conditions that are an integral part of its offering to customers, and are in addition to the Terms and Conditions here. Any such Terms and Conditions as listed on the site will in no way invalidate any of the Terms and Conditions listed here. This agreement shall be construed and enforced in accordance with the laws of Czech Republic and the European Union. Disputes arising hereunder shall be brought in Czech Republic.
If any provision of this agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any portion of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Notices by the website to the customer may be given by means of electronic messages through the website by a general posting on the website or by email. Notices by customers may be given by email or telephone unless otherwise specified in the agreement. All questions, complaints, or notices regarding the site must be directed to the company. The terms and conditions are subject to change at any time. Changes are effective when posted on this site without any notice to the Customer.
Disclaimers
In any case the company shall not be held liable for any improper or incorrect use of the content described or contained in this website or any linked site and assumes no responsibility for your or anyone elses use of the content. In no event shall the company be liable for any direct, indirect, incidental, special, exemplary or consequential damages however caused, on any theory of liability, whether in contract, strict liability or tort arising in any way out of the use of this website or content herein, even if advised of the possibility of such damage. This disclaimer applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. The customer understands that the website cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. The customer is responsible for implementing sufficient procedures and checkpoints to satisfy customers particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. Site does not assume any responsibility or risk for customers use of the Internet. However, in the event website learns of such a breach, the website will notify the customer so that the customer can take the necessary precautions.
The customers use of the website is at his or her own risk and the content is provided “as is” – without warranties of any kind, either expressed or implied. Site disclaims all warranties including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. The website does not warrant that the functions or content contained in the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available are free of any harmful components.
Compliance with local law and geographical restrictions
The website does not warrant or make any representations regarding the appropriateness of the content or the authorization for use in all countries or any other jurisdictions. If the customer chooses to access the website, the customer does so at its own risk, and subject to the laws in its own jurisdiction. The customer is responsible for compliance with applicable laws. We make no claims that the website or any of its content is accessible or appropriate in your country. Access to the website may not be legal by certain persons or in certain countries or may be blocked by us. If you access the website from countries that prohibit adult-oriented content, you do so on your own initiative and are responsible for compliance with local laws.
Complaint Policy
If you find content on our website that may be illegal or otherwise violate the laws and standards, you can report it immediately. The report must be made in writing via our contact form or via our email address. If a concern is reported, appropriate action will be taken. We will review and resolve complaints within seven business days. The person responsible for handling a particular concern will report the complaint and then follow up with the action taken to resolve the complaint. If unlawful conduct is suspected, a thorough investigation will be initiated. We will send a written response with the possible outcome of the investigation to the applicant mail address with our decision. If there is any misconduct on our part, we will of course have the content deleted from our website immediately.
Links and references
The company is not responsible for the contents, materials and pictures of any off-site materials referenced. The user/customer specifically acknowledges that Fighting Divas is not liable for the defamatory, offensive or illegal conduct of other users, links or third parties, and that the risk of injury from the foregoing rests entirely with you. Links from this site to other sites on the internet do not constitute an endorsement from this website. These links are provided for informational purposes only. It is the responsibility of the user to evaluate the content and usefulness of materials or information obtained from the other websites.
Questions and contact information
All questions to this website regarding these terms and conditions must be directed to: office (at) fighting-divas.com