Terms of service

 

TERMS OF SERVICE

GENERAL INFORMATION
Welcome to Vividly! The terms "we," "us," and "our" refer to Vividly. Vividly operates this online store and website, including all information, content, features, tools, products, and services provided to you, the customer (the "Services"). Our store is powered by Shopify technology, which allows us to offer you these Services.

The following terms and conditions (these "Terms of Service" or "Terms") describe your rights and responsibilities when using our Services.

Please read these Terms of Service carefully, as they include important information about your legal rights, including warranty disclaimers and limitation of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of legal majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete and that you have all necessary rights to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS
We have made every effort to display our products accurately in our online store. However, please note that colors or product appearance may differ from what is shown on your screen due to the type and settings of your device.

We do not guarantee that the appearance or quality of any product you purchase will meet your expectations or exactly match what is displayed in our online store.

All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer.

SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Vividly reserves the right to accept or decline your order for any reason at our sole discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before accepting your order.

Please review your orders carefully before completing your purchase, as we may not be able to process a cancellation request after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at the time the order was placed.

Returns and exchanges are subject to our Return Policy.

You represent and warrant that your purchase is for personal or household use and not for commercial resale or export.

SECTION 4 — PRICING AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product will be the price in effect at the time the order is placed, as indicated in your order confirmation email.

Unless expressly stated otherwise, listed prices do not include taxes or shipping fees.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are properly authorized to use said credit card, (iii) the charges incurred will be honored by your credit card company, and (iv) you will pay all charges at the posted prices, including any applicable taxes and shipping fees.

SECTION 5 — SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the shipping carrier, customs processing, or events beyond our control. Once the product is transferred to the shipping carrier, the title and risk of loss transfer to you.

SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, text, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are the property of Vividly or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, download, store, or transmit any material from the Services without our prior written consent.

Unauthorized use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Vividly.

SECTION 7 — THIRD-PARTY TOOLS
You may be provided access to third-party tools as part of the Services, which we do not monitor or control.

You acknowledge and agree that such tools are provided "as is" and "as available" without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools.

Any use of such tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider.

SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to leave the Services to access third-party websites, you do so at your own risk.

We shall not be liable for any damage or harm related to your access to any third-party website or your purchase or use of any products, services, or content from any third-party website.

SECTION 9 — RELATIONSHIP WITH SHOPIFY
Vividly operates using Shopify technology. However, any sale or purchase made in our store is conducted directly with Vividly. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Vividly, including any injury, damage, or loss resulting from the purchase of products. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with Vividly.

SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and agree to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access and use of the Services. Information you submit may be transmitted to and shared with Shopify and third parties located in countries other than where you reside, in order to provide you the Services. Please review our Privacy Policy for more information.

SECTION 11 — USER CONTENT
If you submit, upload, post, or otherwise transmit any ideas, suggestions, comments, reviews, or other content ("User Content"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such User Content in any medium for any purpose, including commercial use.

You represent and warrant that (i) you own or have all necessary rights to the User Content you submit, (ii) you have disclosed any compensation or incentive received in connection with your submission, and (iii) your User Content complies with these Terms.

We may, but are not obligated to, monitor, edit, or remove User Content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, or otherwise objectionable, or that violates any intellectual property rights or these Terms.

You agree that your User Content will not infringe any rights of any third party. You may not use a false email address, impersonate another person, or mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you submit and its accuracy.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have placed your order.

SECTION 13 — PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not use the Services directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to upload or transmit material that does not comply with these Terms; (g) to transmit unsolicited advertising, spam, or chain letters; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use of the Services.

Additionally, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, copy, sell, or exploit any part of the Services; (c) collect personal information of others; (d) use any automated means, bots, scrapers, or AI tools to access the Services; or (e) interfere with or circumvent security features of the Services.

We reserve the right to suspend or cancel your account at any time without notice if you violate any part of these Terms.

SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services at our sole discretion at any time without prior notice. You will remain responsible for all amounts owed through the date of termination.

SECTION 15 — DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVIDLY, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Vividly, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including attorneys' fees, arising from (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 18 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed excluded from these Terms without affecting the validity of the remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements or communications between you and us.

SECTION 20 — ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms and our rights and obligations without your consent or notice.

SECTION 21 — GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, United States. You and Vividly agree to submit to the personal jurisdiction of the federal and state courts located in the State of Florida.

SECTION 22 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates on our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services after the posting of any changes constitutes your acceptance of those changes.

SECTION 23 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to vividly@use.startmail.com.

Vividly
vividly@use.startmail.com