PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Terms of Service Agreement ("Agreement") is entered into by and between VIVENNS LLC 100 Horizon Center Blvd Hamilton Township, New Jersey 08691 ("Company") and You and is made effective as of the date of Your use of this website www.vivenns.com ("Site") or the date of electronic acceptance.
The Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements, which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute Your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, You represent and warrant that You are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of USA or another applicable jurisdiction.
If You are entering into this Agreement on behalf of a company or any corporate entity, You represent and warrant that You have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "You", "Your", "User" or "Customer" shall refer to such corporate entity. If, after Your electronic acceptance of this Agreement, the Company finds that You do not have the legal authority to bind such corporate entity, You will be personally responsible for the obligations contained in this Agreement
By using this Site You acknowledge and agree that:
Your use of this Site, including any content You submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner that:
Is illegal, or promotes or encourages illegal activity;
Promotes encourages or engages in child pornography or the exploitation of children;
Promotes encourages or engages in terrorism, violence against people, animals, or property;
Promotes encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that You owe to another User or any other person or entity;
Interferes with the operation of this Site;
Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
The User undertakes, in conjunction with registration, to provide correct information regarding the User’s identity and a correct and legitimate e-mail address. User accounts cannot be shared or used by more than one individual User. The User shall be responsible for the activities conducted through the use of the Services and shall ensure compliance with national laws applicable to the User in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the User shall be the sole responsibility of the User.
In addition to the general rules above, the provisions in this Section apply specifically to Your use of Company’s Content posted to the Site. Company’s Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Company’s Content"), are owned by or licensed to the Company in perpetuity, and are subject to copyright, trademark, and/or patent protection.
Company’s Content is provided to You "as is", "as available" and "with all faults" for Your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of the Company. No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this Agreement.
Some of the features of this Site may allow Users to view, post, publish, share, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). By posting or publishing User Content to this Site, You represent and warrant to the Company that (i) You have all necessary rights to distribute User Content via this Site or via the Services, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site (including without limitation those features that prevent or restrict use or copying of any Company’s Content or User Content) or enforce limitations on the use of this Site, the Company’s Content or the User Content therein.
The provisions in this Section apply specifically to the Company’s use of User Content posted to the Site.
You shall be solely responsible for any of Your User Content or User Content that is submitted by You, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions, You acknowledge and agree that:
Your User Submissions are voluntary.
Your User Submissions do not establish a confidential relationship or obligate the Company to treat Your User Submissions as confidential or secret.
The Company has no obligation, either express or implied, to develop or use Your User Submissions, and no compensation is due to You or anyone else for any intentional or unintentional use of Your User Submissions.
The Company shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgement or compensation to You or anyone else.
With respect to User Content, by posting or publishing User Content to this Site, You authorize the Company to use the intellectual property and other proprietary rights in and to Your User Content to enable the inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.
You hereby grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform Your User Content in connection with this Site, including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to You or any third party. You also hereby grant each User of this Site a non-exclusive license to access Your User Content through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform Your User Content as permitted through the functionality of this Site and under this Agreement.
The above licenses granted by You in Your User Content terminate within a commercially reasonable time after You remove or delete Your User Content from this Site. You understand and agree, however, that the Company may retain (but not distribute, display, or perform) server copies of Your User Content that have been removed or deleted. The above licenses granted by You in Your User Content are perpetual and irrevocable.
The Company generally does not pre-screen User Content but reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. The Company may remove any item of User Content if it violates this Agreement, at any time and without prior notice.
This Site may contain links to third-party websites that are not owned or controlled by the Company. The Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, the Company does not censor or edit the content of any third-party websites. The Company will be using publicly available information provided by the User. By using this Site, You expressly release the Company from any and all liability arising from Your use of any third-party website. Accordingly, the Company encourages You to be aware when You leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW and shall survive any termination or expiration of this Agreement or Your use of this Site or the Services found at this Site.
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or Your use of this Site or the Services found at this Site.
You agree to protect, defend, indemnify and hold harmless the Company and its officers, directors, employees and agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by the Company directly or indirectly arising from (i) Your use of and access to this Site; (ii) Your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) Your violation of any third-party right, including without limitation any intellectual property or another proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or Your use of this Site or the Services found at this Site.
If You are visiting this Site from a country other than the country in which Our servers are located, Your communications with Us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with Us, You consent to such transfers.
Subject to the terms and conditions of this Agreement and Our policies, We shall use commercially reasonable efforts to attempt to provide this Site on a 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that We undertake from time to time, or other causes beyond Our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that We have no control over the availability of this Site on a continuous or uninterrupted basis and that We assume no liability to You or any other party with regard thereto.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
The company makes no representation or warranty that the content available on this Site is appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or information shall be governed by and construed in accordance with the laws of USA, to the exclusion of conflict of law rules.
Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in USA, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either You or Us. You may terminate these Terms of Service at any time by notifying Us that You no longer wish to use Our Services, or when You cease using Our site.
If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Service, We also may terminate this agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to Our Services (or any part thereof).
If You have any questions about this Agreement, please contact Us by email or regular mail at the following address:
(email): firstname.lastname@example.org or email@example.com
(Address): VIVENNS LLC, 100 Horizon Center, Blvd Hamilton Township, New Jersey 08691