TERMS & CONDITIONS OF USE (Please read these conditions carefully):
Welcome to VivaShop.tv, Inc. By using VivaShop Products & Services, you agree, on behalf of yourself and all members of your household and/or others who use any of our Products & Service(s) under your account, to the following policies & conditions:
We offer a wide range of VivaShop Products & Services, and sometimes additional terms may apply. When you use a VivaShop Service (for example, your Profile, Gift Cards, your devices, or VivaShop applications (if applied)) you will also be subject to
the Guidelines, Terms and Agreements applicable to that VivaShop Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use VivaShop Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other VivaShop Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any VivaShop Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of VivaShop or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any VivaShop Service is the exclusive property of VivaShop, Inc. and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any VivaShop Service are trademarks or trade dress of VivaShop in the U.S. and other countries. VivaShop trademarks and trade dress may not be used in connection with any product or service that is not a part of VivaShop, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VivaShop. All other trademarks not owned by VivaShop that appear in any VivaShop Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VivaShop.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms,
and your payment of any applicable fees, VivaShop or its content providers grant
you a limited, non-exclusive, non-transferable, non-sublicensable license to access
and make personal and non-commercial use of the VivaShop Services. This license does not include any resale or commercial use of any VivaShop Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any VivaShop Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by VivaShop or its licensors, suppliers, publishers, rightsholders, or other content providers. No VivaShop Service, nor any part of any VivaShop Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VivaShop. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VivaShop without express written consent from VivaShop. You may not use any meta tags or any other “hidden text” utilizing VivaShop name or trademarks without the express written consent of VivaShop. You may not misuse the VivaShop Services. You may use the VivaShop Services only as permitted by law. The licenses granted by VivaShop terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own VivaShop account to use certain VivaShop Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. VivaShop does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Household. Alcohol listings on VivaShop are intended for adults only. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. VivaShop reserves the right to refuse service, terminate accounts, terminate your rights to use VivaShop Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. VivaShop reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant VivaShop a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant VivaShop and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold harmless VivaShop for all claims resulting from content you supply. VivaShop has the right but not the obligation to monitor and edit or remove any activity or content on its website. VivaShop takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from VivaShop are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
VivaShop attempts to be as accurate as possible. However, Vivashop does not warrant that product descriptions or other content of any VivaShop Service is accurate, complete, reliable, current, or error-free. If a product offered by VivaShop itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Vivashop and other retailers. Certain products may have a “Was Price” displayed, which is determined using the recent price history of the product on VivaShop.
With respect to items sold by VivaShop, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by VivaShop, is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any VivaShop Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using VivaShop Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including VivaShopSoftware), technology, and services.
ADDITIONAL VIVASHOP SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with VivaShop Services (the “ENTER Company) Software”).
Use of the VivaShop Software. You may use VivaShop Software solely for purposes of enabling you to use the VivaShop Services as provided by VivaShop, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the VivaShop Software in whole or in part. All software used in any VivaShopService is the property of VivaShop or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the VivaShop Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the VivaShop Software at any time and without prior notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the VivaShop Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the VivaShop Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other VivaShop or third-party terms applicable to any portion of VivaShop Software, such as open-source license terms, such other terms will control as to that portion of the VivaShop Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Written claims concerning copyright infringement must include the following information:
. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
. A description of the copyrighted work that you claim has been infringed upon;
. A description of where the material that you claim is infringing is located on the site;
. Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.