Last Modified: July 18, 2025

VELARAS TERMS OF USE

PLEASE READ THESE TERMS OF USE (“Terms”) BEFORE USING THIS WEB SITE. BY CONTINUING TO ACCESS, VIEW OR USE THIS SITE, OR ANY SERVICE ON THIS SITE, YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, THAT YOU AGREE TO THEM AND INTEND TO BE LEGALLY BOUND BY THEM AND OUR PRIVACY POLICY[EM1] . IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO USE THIS SITE AND MUST EXIT THIS SITE.

VELARAS LLC RESERVES THE RIGHT TO AMEND, REVISE. REMOVE, OR ADD TO THE TERMS AT ANY TIME, IN OUR SOLE DISCRETION. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY. ACCORDINGLY, PLEASE CONTINUE TO REVIEW THE TERMS WHENEVER ACCESSING OR USING THIS SITE. YOUR USE OF THIS SITE, OR ANY SERVICE ON THIS SITE, AFTER THE POSTING OF MODIFICATIONS TO THE TOS, WILL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS, AS MODIFIED. IF, AT ANY TIME, YOU DO NOT WISH TO ACCEPT THE TOS, YOU MAY NOT USE THIS SITE.

These Terms are entered into by and between you and Velaras (“Velaras,” “Company,” “we” or “us”).  The following Terms, together with any documents they expressly incorporate by reference, govern your use of this Website located at https://www.velaras.com (“Site”).

Please note: Section 11 includes an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, waiving your right to a jury trial or participation in class or representative actions.

1. Informational Purposes Only. The Site is provided for informational purposes only. Velaras is not liable for or otherwise responsible for any errors or omissions in the Site or Site Materials.

2. Intellectual Property Rights. This Website, including all content, features, and functionality—such as data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, services and other material (“Site Material”) is the exclusive property of the Company, its licensors, or content providers, and is protected by U.S. and international copyright, trademark, and other intellectual property laws. The Website is also protected as a collective work or compilation under applicable laws.

You acknowledge that the Website has been developed through significant investment and constitutes valuable intellectual property and trade secrets of the Company and its contributors. All rights, including present and future rights to copyrights, trademarks, service marks, patents, trade secrets, know-how, and other proprietary rights (collectively, “Intellectual Property Rights”), remain solely with the Company.

Use of the Website is permitted only for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or otherwise exploit any part of the Website without prior written consent from the Company. Use of Website content on other websites, publications, databases, or networked environments is strictly prohibited unless expressly authorized.

2A. Artist Content and Intellectual Property.

All artworks, images, and related content displayed on the Site, whether provided by living artists or by the estates of the artists (collectively, “Artist Content”), are protected by copyright and other intellectual property laws. Artist Content remains the sole property of the respective artist, estate, or their authorized representatives.

Velaras displays Artist Content with permission and does not claim ownership unless explicitly stated. No license or right is granted to use, reproduce, distribute, modify, or publicly display any Artist Content without prior written consent from the applicable rights holder. Unauthorized use is strictly prohibited and may result in a violation of applicable laws and/or legal action.

3. Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Velaras; (c) uploading, posting, hosting, or transmitting unsolicited email, spam messages, viruses or any code of a destructive nature; or (d) attempting to gain unauthorized access to Velaras’ computer systems or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.

4. Site Use. You agree that you are solely responsible for all costs and expenses you may incur in relation to use of the Site.

5. Accuracy of information and availability of the Site. While we strive to keep the Site accurate and accessible, we do not guarantee its reliability, availability, or suitability for any purpose. Any reliance that you may place on the information on this Site is at your own risk. Content is provided for your general information purposes only and to inform you about us. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control; breakdown of systems or network access; or flood, fire, explosion, or accident. We may suspend or terminate operation of the Site at any time.

6. Privacy Policy. Any personal information that you provide to Velaras on the Site is subject to our Privacy Policy. For more information, view the Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein.

7. Disclaimer. Velaras is not responsible for and does not guarantee the accuracy or completeness of any Site Material, advertisements, or other items contained within the Site. Velaras reserves the right to immediately remove any Site Material for any reason or for no reason. The Site, the Site materials and materials on, in, and made available through the Site, and the services, products, information and other materials on and in and made available through the Site is made available “as is” and “with all faults.” Use of the Site is entirely at your own risk. Velaras  make no representations or warranties, and disclaims all representations and warranties, express or implied, including those of merchantability, fitness for a particular purpose, title, and non-infringement.

8. Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS OR ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY FAULT, FAILURE, ERRORS, INACCURACY, UNAVAILABILITY, OMISSION, DELAY, INJURIES, OR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE WEBSITE OR ANY LINKS OR ITEMS ON THE WEBSITE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF VELARAS AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL VELARAS HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

9. Indemnification. You shall indemnify Velaras and its members, managers, directors, officers, employees, agents, contractors and licensors (“Velaras Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site or the Site Materials (except to the extent attributable to Velaras ), or any breach by you of these Terms and shall indemnify and hold Velaras Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.

10. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to Velaras at info@velaras.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

11. Arbitration. You and Velaras agree that any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Velaras are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

12. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Velaras with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Washington, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of Washington; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

13. Miscellaneous. The Site is not intended for children under the age of 13. The Site is controlled and operated from within the United States. Without limiting anything else, Velaras makes no representation that the Site, Site Materials, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Velaras to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof.

If you have any questions about the Terms, please email us at info@velaras.com.