# Amended Terms of Service Agreement for VQCD
Please read these Terms of Service fully and carefully before using VQCD.in, VQCD.cool and VQCD.plus (the “Site”) and the services, features, content or applications offered by VQCD (“we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
## 1) Acceptance of Terms
– By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
– Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
– These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
## 2) Eligibility
You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, access or use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. If you are registering with VQCD on behalf of an entity or a third party, you represent and warrant that you have full authority to bind that entity to these Terms of Service.
## 3) Registration
In order to use certain Services, including purchasing Digital Products, you may need to register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
## 4) Processing of Personal Data
**A. Privacy Policy.** Your personal data will be treated in accordance with VQCD’s Privacy Policy, available at https://vqcd.cool/Q/3524 . To the extent that you are a controller that provides VQCD with personal data of third party data subjects, including without limitation other users of the Services, that is subject to European Union Regulation (EU) No. 2016/679 of 27 April 2016, also known as the General Data Protection Regulation, you agree to the terms contained in VQCD’s EU Data Processing Addendum
**B. Transaction Data Protection.** When you purchase Digital Products (as defined in Section 8) from VQCD:
– i. We collect only the information necessary to process your transaction, deliver your Digital Products, and comply with applicable tax and legal requirements.
– ii. **We will never sell, rent, lease, or otherwise provide your transaction data to third parties for marketing, advertising, or any other commercial purposes.**
– iii. We may share your transaction data only with our Payment Processor as necessary to complete your purchase, and with government authorities as required by law.
– iv. All transaction data, including payment information, billing addresses, and purchase history, will be securely stored and automatically deleted from our systems three (3) years after the date of your transaction, unless a longer retention period is required by applicable law.
– v. You may request earlier deletion of your transaction data by contacting us at julian@julianjulian.dev, subject to our legal obligations to retain certain records for tax and accounting purposes.
## 5) Content
**A. Definition.** For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below) and Digital Products (as defined in Section 8).
**B. User Content.** VQCD shall not be responsible for any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
**C. Notices and Restrictions.** The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
**D. Use License.** Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. For Digital Products purchased through the Services, your license rights are governed by Section 8(E) below.
**E. Availability of Content.** We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
## 6) Rules of Conduct
**A.** As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity, and all activity connected to your Account in connection with the Services (including without limitation your communications and collection of data from other users of the Services).
**B.** You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, including without limitation User Content, on or through the Services that:
– i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law, rule, or regulation (whether domestic, foreign, or international) or contractual duty;
– ii. violates these Terms of Service;
– iii. you know is false, misleading, untruthful or inaccurate;
– iv. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
– v. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
– vi. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
– vii. impersonates any person or entity, including any of our employees or representatives; or
– viii. includes anyone’s identification documents or sensitive financial information.
**C.** You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
**D.** You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application or Digital Products), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services or Digital Products purchased through the Services, except as expressly permitted in your license grant, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
**E.** We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
## 7) Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
## 8) Digital Products and Sales
**A. Digital Products Defined.** VQCD offers digital products for purchase, including but not limited to illustrations, videos, graphics, templates, and other digital content (collectively, “Digital Products”). All Digital Products are sold on a one-time purchase basis unless otherwise specified at the time of purchase.
**B. Purchase and Payment.**
– i. All purchases of Digital Products are final at the time of transaction completion.
– ii. Prices for Digital Products are listed in U.S. Dollars (USD) unless otherwise specified and are subject to change without notice.
– iii. You agree to pay all applicable fees, including any applicable taxes, at the time of purchase.
– iv. We use a third-party payment processor (the “Payment Processor”) to process your payment. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service.
**C. Delivery of Digital Products.**
– i. Upon successful payment, you will receive access to download your purchased Digital Products through the method specified at the time of purchase (e.g., download link via email, account dashboard, or direct download).
– ii. You are responsible for downloading and saving your Digital Products within the timeframe specified at the time of purchase. While we strive to maintain access to your purchases, we do not guarantee indefinite availability of download links.
– iii. It is your responsibility to maintain backup copies of all Digital Products you purchase.
**D. Refund Policy.**
– i. Due to the nature of digital products, **all sales are final and non-refundable** once you have received access to download the Digital Product.
– ii. If you experience technical issues preventing you from accessing or downloading your purchased Digital Product, please contact us at julian@julianjulian.dev within seven (7) days of purchase, and we will work with you to resolve the issue.
– iii. Refunds will only be issued in cases where: (a) you were charged for a product you did not receive access to, (b) the product is materially different from its description, or (c) the product is defective or corrupted and cannot be corrected.
**E. License Grant for Digital Products.**
Upon purchase of a Digital Product, VQCD grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Digital Product subject to the following terms:
– i. **Personal Use:** You may use the Digital Product for your personal, non-commercial purposes.
– ii. **Commercial Use:** Commercial use rights, if any, will be clearly specified at the time of purchase. Unless explicitly stated otherwise, Digital Products are licensed for personal use only.
– iii. **Prohibited Uses:** You may not:
– Resell, redistribute, or share the Digital Product with others
– Claim authorship or ownership of the Digital Product
– Use the Digital Product in any way that infringes upon third-party rights
– Remove or alter any copyright notices, watermarks, or other proprietary markings
– iv. **Modifications:** You may modify Digital Products for your own use only, unless commercial use rights have been purchased. Modified versions may not be redistributed or resold.
– v. **Extended Licenses:** Extended or commercial licenses may be available for purchase separately. Contact us at julian@julianjulian.dev for information about extended licensing options.
**F. Intellectual Property Rights.**
– i. All Digital Products sold through VQCD remain the intellectual property of VQCD or the original creator.
– ii. Your purchase grants you a license to use the Digital Product as specified in Section 8(E), but does not transfer ownership or copyright of the Digital Product to you.
– iii. VQCD retains all rights not expressly granted to you in these Terms of Service.
**G. Warranty Disclaimer for Digital Products.**
DIGITAL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WHILE WE STRIVE TO ENSURE THE QUALITY AND ACCURACY OF OUR DIGITAL PRODUCTS, WE DO NOT WARRANT THAT DIGITAL PRODUCTS WILL BE ERROR-FREE, COMPATIBLE WITH ALL SYSTEMS, OR MEET YOUR SPECIFIC REQUIREMENTS. YOUR USE OF DIGITAL PRODUCTS IS AT YOUR OWN RISK.
**H. Subscription Services.**
While VQCD primarily operates on a one-time purchase model, certain premium features or services may be offered on a subscription basis in the future. Any subscription-based services will be clearly identified as such, and separate terms may apply. You will be notified of any subscription terms before you commit to a subscription purchase.
## 9) Warranty and Other Disclaimers
**A.** We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
– i. which users gain access to the Services;
– ii. what Content you access via the Services; or
– iii. how you may interpret or use the Content.
**B.** You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
**C.** THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
**D.** WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES MAY RESULT IN ERRORS OR DATA LOSS. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING, OR BY THE LOSS OF ANY DATA OR INFORMATION YOU PROVIDE TO VQCD. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
## 10) Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, the Services, Content, Digital Products, or otherwise from your User Content, your violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
## 12) Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR DIGITAL PRODUCTS (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES OR DIGITAL PRODUCTS DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.
## 13) Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Erie County, New York.
## 14) Modification
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, content, or Digital Products) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
## 15) Miscellaneous
**A. Entire Agreement and Severability.** These Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) are the entire agreement between you and us with respect to the Services, including use of the Site and purchase of Digital Products, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
**B. Force Majeure.** We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
**C. Assignment.** These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
**D. Agency.** No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
**E. Notices.** Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to julian@julianjulian.dev.
**F. No Waiver.** Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
**G. Headings.** The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
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**Effective Date of Terms of Service:** [11/15/2025]
**Last Updated:** [11/15/2025]
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