Agreement
These Terms & Conditions (“Terms”) govern access to and use of vurkhen.com, Vurkhen accounts, digital features, ecommerce services, content, communities, publications, and other services provided by Vurkhen™.
Vurkhen is an independent creative publishing, entertainment, and ecommerce brand operated by Kevin E.C.G., who may publicly use the creative pseudonym Räfthkan™.
Users who create an Account, complete a purchase, submit User Content, or expressly accept these Terms through an interactive Website feature agree to be bound by them.
Mere access to the Privacy Policy does not constitute consent to every processing activity described there.
Eligibility
To independently create an account, purchase products, or enter into a binding transaction, a User must have sufficient legal capacity under the law applicable to the transaction.
Vurkhen’s ecommerce services are intended primarily for adults who are at least eighteen (18) years old or the age of contractual majority in their jurisdiction.
Where legally permitted, a younger person may use applicable services with sufficient involvement or authorization from a parent or legal guardian.
Accounts
Users must provide reasonably accurate information.
Users are responsible for:
- protecting their credentials;
- maintaining control over their account;
- keeping relevant account information current;
- notifying Vurkhen of suspected unauthorized access.
Users may not:
- impersonate another person;
- sell or transfer an account without authorization;
- use another person’s credentials without permission;
- create accounts for fraudulent or abusive purposes.
Suspension and Termination
Vurkhen may reasonably suspend, restrict, or terminate an account where necessary to:
- investigate suspected fraud;
- protect Website security;
- enforce these Terms;
- prevent intellectual-property infringement;
- comply with law;
- address abusive activity;
- prevent unauthorized access.
Where reasonably practicable, Vurkhen may provide notice.
Immediate action may be taken when reasonably necessary to prevent fraud, security harm, legal violations, or ongoing infringement.
Account suspension does not eliminate mandatory rights concerning previously completed purchases.
Vurkhen Intellectual Property
Except where expressly identified otherwise, Vurkhen owns, controls, licenses, or otherwise lawfully uses the rights associated with Vurkhen Content.
“Vurkhen Content” includes, without limitation:
- comics;
- graphic novels;
- stories;
- scripts;
- characters;
- fictional universes;
- lore;
- illustrations;
- concept art;
- visual development;
- designs;
- graphics;
- logos;
- symbols;
- branded elements;
- names;
- trade dress;
- digital publications;
- animation;
- video;
- audio;
- original music where applicable;
- downloadable products;
- brushes;
- creative assets;
- product artwork;
- photographs;
- promotional material;
- Website content;
- original written content.
No ownership of this intellectual property is transferred merely because a User views the Website or purchases a product.
Limited Website License
Vurkhen grants Users a limited, non-exclusive, revocable, non-transferable right to access publicly available Website content for ordinary personal use, subject to applicable law and these Terms.
No implied commercial license is granted.
Prohibited Intellectual-Property Uses
To the fullest extent permitted by law, a User may not without prior written authorization:
- reproduce paid Vurkhen works for redistribution;
- sell unauthorized copies;
- upload complete paid works to file-sharing services;
- torrent Vurkhen publications;
- distribute purchased digital files;
- manufacture counterfeit Vurkhen merchandise;
- use Vurkhen logos in a misleading commercial manner;
- falsely imply sponsorship or endorsement;
- sublicense protected digital assets;
- remove rights-management information;
- circumvent paywalls or access controls;
- resell original digital files;
- commercially exploit protected artwork without permission.
Rights and exceptions that cannot legally be restricted remain unaffected.
Artificial Intelligence, Machine Learning and Data Mining
To the fullest extent permitted by applicable law, Vurkhen expressly reserves its rights concerning automated extraction and computational use of protected Vurkhen Content.
Without prior written authorization, Users and automated systems may not systematically reproduce or extract Vurkhen Content for:
- generative AI training;
- model fine-tuning;
- machine-learning datasets;
- image-generation datasets;
- large-language-model datasets;
- synthetic-data development;
- commercial text-and-data-mining corpora;
- model evaluation datasets intended to reproduce protected content;
- commercial substitute-content generation.
Vurkhen may implement machine-readable rights reservations, metadata, robots directives, technical restrictions, or other reasonable mechanisms.
This section does not prohibit a use that applicable law expressly permits notwithstanding an enforceable contractual or rights reservation.
NFTs and Blockchain Uses
Vurkhen Content may not be tokenized, minted, marketed, sold, or represented as an NFT, blockchain asset, or similar digital asset without express written authorization from the relevant rights holder.
Digital Product Licenses
Unless otherwise stated on a product page, purchase of a Vurkhen digital product grants a limited, non-exclusive, non-transferable license rather than ownership of the underlying copyright.
Where Vurkhen expressly permits commercial use of a digital creative resource, that permission applies to the User’s completed creative work within the scope stated in the applicable license.
The original files may not be:
- resold;
- redistributed;
- shared;
- sublicensed;
- repackaged;
- offered as part of another asset collection;
- provided to clients as editable source files where prohibited;
- uploaded to public repositories;
- used to create a substantially identical competing asset.
Digital Comics and Publications
Purchase of a digital comic or publication grants the purchaser access and reading rights according to the relevant product description.
It does not grant the right to publicly distribute, reproduce, upload, torrent, sublicense, or resell copies of the underlying publication except where applicable law expressly provides otherwise.
Physical Products
Purchasing a physical Vurkhen product transfers ownership of that physical copy after the transaction is completed according to applicable law.
It does not transfer ownership of the copyright, trademark, artwork, character, design, or other intellectual property printed or embodied in the product.
User-Generated Content
Where Users submit reviews, comments, fan art, images, or other content (“User Content”), the User retains ownership of rights the User lawfully possesses.
By intentionally submitting User Content to a public feature, the User grants Vurkhen a worldwide, non-exclusive, royalty-free license to host, reproduce, format, technically modify, display, distribute, and communicate that content as reasonably necessary to operate and promote the Website feature in which it was submitted.
Vurkhen will not interpret this general Website license as automatically transferring ownership of the User’s original artwork.
Substantial unrelated commercial exploitation, such as using a User’s original artwork as paid merchandise, should be governed by separate permission or specific submission terms.
User Content Warranties
A User submitting User Content represents that, to the best of the User’s knowledge:
- the User is legally permitted to submit it;
- the content does not knowingly infringe another person’s rights;
- the submission is not fraudulent;
- it does not contain malware;
- it does not intentionally impersonate another individual.
Moderation
Vurkhen may moderate, restrict, hide, or remove User Content reasonably believed to:
- violate law;
- infringe rights;
- contain malware;
- constitute spam;
- threaten Website security;
- impersonate others;
- violate these Terms.
Vurkhen is not required to retain User Content indefinitely.
Copyright Complaints
A rights holder who reasonably believes material available through Vurkhen infringes protected rights may contact:
contact@vurkhen.com
A complaint should identify:
- the protected work;
- the allegedly infringing material;
- the location of the material;
- the claimant;
- contact information;
- the basis for the claim.
Vurkhen may request additional reasonable information before acting.
Purchases
Purchases are additionally governed by Vurkhen’s:
Returns, Refunds & Shipping Policy
and any product-specific terms presented before checkout.
A Customer is responsible for reviewing:
- product;
- variation;
- size;
- quantity;
- shipping information;
- price;
- applicable policies
before submitting an order.
Customer mistakes do not automatically create rights beyond those provided by the applicable contract or law.
However, nothing in this section waives mandatory consumer rights.
Payment
Vurkhen may use external payment processors.
Authorization by a payment provider does not prevent Vurkhen from cancelling a transaction reasonably suspected to involve:
- fraud;
- stolen credentials;
- technical pricing errors;
- sanctions;
- unlawful activity;
- product unavailability.
Where Vurkhen cancels an already-paid order before fulfillment, amounts collected for the cancelled order will be refunded unless lawfully withheld.
Fraud Prevention
Vurkhen may use reasonable security and anti-fraud methods.
Vurkhen may:
- verify transactions;
- reject suspicious orders;
- restrict suspicious accounts;
- retain transaction evidence;
- cooperate with payment providers;
- respond to lawful authority requests.
Knowingly fraudulent chargebacks, false claims, identity theft, account abuse, or payment fraud may result in account restrictions and lawful defensive action.
Third-Party Services
Vurkhen may depend on independent infrastructure, payment, fulfillment, logistics, authentication, and technology providers.
Vurkhen does not control every independent act of such providers.
However, nothing in these Terms transfers to a Customer a responsibility that applicable law requires Vurkhen to retain as seller or controller.
Website Availability
Vurkhen may temporarily modify or suspend Website features for:
- maintenance;
- updates;
- security;
- operational needs;
- legal compliance;
- infrastructure problems;
- events beyond reasonable control.
Vurkhen does not guarantee uninterrupted availability of every Website feature.
Product and Creative Changes
Vurkhen may develop, redesign, discontinue, expand, rename, modify, or replace:
- Website features;
- creative universes;
- characters;
- product lines;
- publication schedules;
- artistic direction;
- editorial plans;
- merchandise;
- pricing for future transactions.
Purchasing a product, subscribing to a newsletter, or making a voluntary contribution does not grant the User creative control over Vurkhen.
This does not permit Vurkhen to retroactively remove contractual rights already acquired by a Customer.
Creative Independence
Vurkhen’s comics, fictional worlds, narratives, characters, symbolism, mythology, horror, satire, fantasy, political themes, religious references, social themes, or controversial fictional content are creative expression.
The views, beliefs, statements, acts, or ideologies expressed by fictional characters do not necessarily represent the personal views of Vurkhen or its creator.
Users remain free to interpret, critique, review, or discuss creative works.
Donations and Voluntary Contributions
Where Vurkhen expressly accepts a voluntary donation that does not constitute payment for a product or service, the contribution does not grant:
- equity;
- copyright;
- trademark ownership;
- creative control;
- voting rights;
- profit participation;
- ownership of characters;
- decision-making authority.
Voluntary contributions are generally final after successful processing except where refund is required by applicable law, a duplicate transaction occurred, or a transaction was genuinely unauthorized.
Prohibited Conduct
Users may not use Vurkhen services to:
- commit fraud;
- distribute malware;
- unlawfully access another account;
- deliberately interfere with Website infrastructure;
- conduct unauthorized exploitation of security vulnerabilities;
- impersonate Vurkhen;
- engage in illegal transactions;
- systematically scrape protected content contrary to these Terms;
- infringe intellectual-property rights.
Disclaimer
To the fullest extent permitted by applicable law, Website functionality is provided on an “as available” basis.
Vurkhen does not guarantee that:
- every Website feature will always operate uninterrupted;
- every third-party integration will remain available;
- every device or browser will support every feature;
- software will never contain an error.
This disclaimer does not eliminate consumer guarantees, warranties, statutory remedies, or other obligations that cannot lawfully be excluded.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VURKHEN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING SOLELY FROM ORDINARY USE OR INABILITY TO USE THE WEBSITE WHERE SUCH LIABILITY MAY LAWFULLY BE LIMITED OR EXCLUDED.
NO EXCLUSION OR LIMITATION IN THESE TERMS APPLIES WHERE SUCH EXCLUSION IS PROHIBITED BY LAW.
Nothing in these Terms excludes mandatory consumer rights or liability that cannot lawfully be excluded.
User Responsibility for Unlawful Conduct
To the extent permitted by law, a User may be responsible for losses reasonably arising from the User’s:
- fraud;
- intentional infringement;
- malicious conduct;
- unauthorized access;
- knowing violation of third-party rights;
- material violation of these Terms.
A consumer will not be required to indemnify Vurkhen for responsibilities that applicable law places upon Vurkhen.
Governing Law
These Terms are principally governed by the laws of the United Mexican States.
However, mandatory consumer, privacy, or jurisdictional rights available to a User under applicable law remain unaffected.
A consumer will not be deemed to have waived a mandatory right merely because these Terms identify Mexican law.
This structure is important because Mexican law expressly rejects certain adhesion-contract clauses that compel consumers to waive statutory protection or submit to foreign courts.
Severability
If any provision is held invalid or unenforceable, it will be limited or severed only to the minimum extent necessary where legally possible.
The remaining provisions will continue to apply.
No Waiver
Failure to enforce a contractual right on one occasion does not automatically constitute permanent waiver of that right.
Changes
Vurkhen may prospectively modify these Terms for legal, operational, security, technical, or commercial reasons.
Material changes will not retroactively remove contractual or statutory rights already acquired through completed transactions where prohibited by law.
Contact
Vurkhen™
Operator: Kevin E.C.G.
Creative pseudonym: Räfthkan™
Legal Notice Address: México (Global Digital Operations)
Email: contact@vurkhen.com
Website: vurkhen.com