The use of products or services (PRODUCT) from Bazyli Studio, [hereafter referred to as “BZS”] constitutes agreement to these terms in addition to all other rights given to BZS under US and International Statutes.
Bazyli Studio (BZS), not Night Sky Ventures, Inc. [hereafter referred to as “NSV”], is solely responsible for all PRODUCT sold on this website identified or implied as made by Bazyli Studio.
NO WARRANTY: BZS DISCLAIMS ALL WARRANTIES ABOUT THE PRODUCT TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR ONLY REMEDY IN THE EVENT OF ANY FAILURE OF THE PRODUCT TO CONFORM TO ANY APPLICABLE WARRANTY, WILL BE THAT YOU MAY NOTIFY NSV, AND NSV WILL REFUND THE PURCHASE PRICE FOR THE PRODUCT TO YOU; AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NSV WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE PRODUCT. TO THE EXTENT ANY WARRANTY EXISTS UNDER LAW THAT CANNOT BE DISCLAIMED, BZS, NOT NSV, SHALL BE SOLELY RESPONSIBLE FOR SUCH WARRANTY.
BZS MAKES NO WARRANTIES, EXPRESS OR IMPLIED. BZS HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE.
BZS DOES NOT WARRANT THAT THE PRODUCT IS ERROR FREE OR THAT IT WILL MEET YOUR PARTICULAR NEEDS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BZS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BZS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BZS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF BZS OR ANY REPRESENTATIVE OF BZS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall BZS’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of money you paid for the product. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
PRODUCT CLAIMS: BZS does not make any warranties concerning the PRODUCT. To the extent you have any claim arising from or relating to your use of the PRODUCT, BZS, not NSV, is responsible for addressing any such claims, which may include, but are not limited to: (i) product liability claims; (ii) any claim that the PRODUCT fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Nothing in these Conditions of Use shall be deemed an admission that you may have such claims.