Last Updated: 02/01/2022
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, VENDOR, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this “Agreement” or “Terms“) is a legal agreement between you and Vivian’s Door, Inc. (hereinafter ” Vivian’s Door“), a company duly organized and validly existing, located at 2200 Government St, Mobile, Alabama 36606. This Agreement annuls and voids all previous agreements.
The Site (www.viviansdoor.org and/or www.viviansdoor.com) is operated by Vivian’s Door. Throughout the Site, the terms “we“, “us” and “our” refer to Vivian’s Door. Vivian’s Door offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our Site and/or purchasing something from us or businesses on the site, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Site.
- Change, suspend or discontinue all or any part of our products or Site.
- Refuse, move, or remove any content that is available on all or any part of our Site.
- Deactivate or delete your accounts.
- Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Vivian’s Door content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Vivian’s Door and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vivian’s Door or our licensors except as expressly authorized by these Terms.
SECTION 2 – CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Vivian’s Door Site. The terms “member,” “membership,” and “account” all refer to this registration as a member on Vivian’s Door’s Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
You will provide a unique username and email when you create an account. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility, you need to keep your username and password secure. You may not assign or otherwise transfer your account to another person or entity. You acknowledge that Vivian’s Door is not responsible for third-party access to your account resulting from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands, and agrees to:
- a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
- b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, Vivian’s Door, Inc. will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Vivian’s Door, Inc. Services, or any portion thereof.
SECTION 3 – CONDUCT
As a user or member of the Site, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of the Vivian’s Door Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by Vivian’s Door.
Furthermore, you herein agree not to make use of Vivian’s Door, Inc.’s Services for the purpose of:
- a) Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable.
- b) Causing harm to a minor in any manner whatsoever.
- c) Impersonating any individual or entity, including, but not limited to, any Vivian’s Door officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity.
- d) Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with.
- e) Uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party. Post content that is false and misleading or use the Services in a manner that is fraudulent or deceptive. Engage in any form of fraud.
- (f) Harassing, threatening, intimidating, impersonating, or attempting to impersonate, any other entity or person, falsify your contact or other information, misrepresent a relationship with any person or entity, including Vivian’s Door, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating.
- g) Uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship. Knowingly providing false, inaccurate, outdated, or incomplete information when registering for the Site and failing to maintain the truthfulness, accuracy, and completeness of such information.
- h) Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose.
- i) Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment.
- j) Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions.
- k) Interfering with or disrupting any Vivian’s Door, Inc. services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers.
- l) Intentionally or unintentionally violating any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
- m) Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance with Section 219 of the Immigration Nationality Act.
- n) “Stalking” or with the intent to otherwise harass another individual.
- o) And/or collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Additional Obligations for Vendors
By using the Site and Services, Vendors agree not to use the Site to:
- Promote or sell goods or services prohibited or regulated by law or regulation, such as alcohol, tobacco, firearms, drugs, and hazardous materials.
- Promote or sell goods or services that promote hate or violence or otherwise are considered morally objectionable or threatening to others.
- Infringe, misappropriate, or violate any third party’s patent, trademark, trade secret, copyright, or other proprietary rights of any party, including the rights of Vivian’s Door.
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or content for any purposes not authorized by these Terms.
- And take any action that would represent and warrant that you own or have the necessary permission to upload any content for your business listing when you do not.
Additional Obligations for Customers
By using the Site and Services, Customers agree not to use the Site to provide or submit false or misleading comments to the detriment of Vendors. Vivian’s Door reserves the right to investigate and/or terminate your use of its Services if you have violated these Terms, misused the Services, or behaved in a way that Vivian’s Door regards as inappropriate or unlawful, including actions or communications that occur on or off the Services.
Vivian’s Door, Inc. herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms, or which would otherwise be considered offensive to other visitors, users and/or members.
Vivian’s Door, Inc. herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith believe that any such action is deemed reasonably necessary for:
- a) Compliance with any legal process.
- b) Enforcement of the Terms.
- c) Responding to any claim that therein contained content is in violation of the rights of any third party.
- d) Responding to requests for customer service.
- e) And/or protecting the rights, property or the personal safety of Vivian’s Door, Inc., its visitors, users, and members, including the general public.
Vivian’s Door, Inc. herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Vivian’s Door, Inc. or any other content providers supplying content services to Vivian’s Door, Inc. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- a) Are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations.
- b) Agree not to transfer any software, technology, or any other technical data through the use of our network Services to any export-prohibited country.
- c) Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws.
- d) And agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
SECTION 5 – SUBMITTED CONTENT
Vivian’s Door, Inc. shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Vivian’s Door, Inc. the below listed worldwide, royalty-free, and non-exclusive licenses, as applicable:
- a) The content submitted or made available for inclusion on the publicly accessible areas of Vivian’s Door, Inc.’s Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Vivian’s Door, Inc.’s sites, and shall terminate at such time when you elect to discontinue your membership.
- b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Vivian’s Door, Inc.’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Vivian’s Door, Inc.’s sites and shall terminate at such time when you elect to discontinue your membership.
- c) For any other content submitted or made available for inclusion on the publicly accessible areas of Vivian’s Door, Inc.’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Vivian’s Door, Inc.’s Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
If you believe any material posted to our Site infringes your intellectual property rights, please contact us so we may take appropriate action.
Contributions to Company Website
Vivian’s Door, Inc. may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions“) to our site, you acknowledge and agree that:
- a) Your contributions do not contain any type of confidential or proprietary information.
- b) Vivian’s Door shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions.
- c) Vivian’s Door shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit.
- d) The contributor’s Contributions shall automatically become the sole property of Vivian’s Door.
- e) And Vivian’s Door is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
SECTION 6 – DISPUTES WITH OTHER USERS
Vivian’s Door provides a platform for sellers to promote and sell their goods to Customers. Vivian’s Door does not review Seller listings or endorse the Sellers who post to the Site. If you have a dispute with another user of our Services, we encourage you to contact the user to resolve the dispute directly.
Without limiting the foregoing, your correspondence or business dealings with or use of any service provided by third parties or Vendors found on or through the use of the Site, including payment for and delivery or fulfillment of related services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Vivian’s Door shall not be responsible or liable, directly, or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Vendor on the Vivian’s Door Site.
You agree that Vivian’s Door is not responsible for the behavior of its users, and you release Vivian’s Door from any and all liability for or relating to any interactions or dealing with another user.
SECTION 7 – DISCLAIMER OF VENDOR INFORMATION
All information provided for on the Site is for informational purposes only. Vivian’s Door makes a good faith effort to keep content accurate and current but your access to and use of the Site and Services is at your own initiative and risk. It is your responsibility to take precautions to ensure that any information, materials, software, or data that you access, use, download, or otherwise obtain on or through the Site and Services are up-to-date, accurate, complete, reliable, and suitable to and appropriate for your intended purpose.
SECTION 8 – INDEMNITY
All users and/or members agree to insure and hold Vivian’s Door, Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Vivian’s Door Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 9 – COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Vivian’s Door’s sites.
SECTION 10 – MODIFICATIONS
Vivian’s Door, Inc. reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our Service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 11 – TERMINATION
As a member of www.viviansdoor.org and/or www.viviansdoor.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request.
As a member, you agree that Vivian’s Door, Inc. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- a) Any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline.
- b) By way of requests from law enforcement or any other governmental agencies.
- c) The discontinuance, alteration and/or material modification to our Services, or any part thereof.
- d) Unexpected technical or security issues and/or problems.
- e) Any extended periods of inactivity.
- f) Any engagement by you in any fraudulent or illegal activities.
- g) Any/or the nonpayment of any associated fees that may be owed by you in connection with your viviansdoor.org and/or www.viviansdoor.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
- a) the removal of any access to all or part of the Services offered within viviansdoor.org and/or www.viviansdoor.com.
- b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- c) the barring of any further use of all or part of our Services.
Vendor Membership Cancellation
If we do not receive payment from Vendors relating to their monthly membership fee, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card to the third-party processor before continuing to use the Site and Services. You authorize us to have the third-party processor charge any outstanding fees and other amounts due against the credit card on file. If we do not receive a payment within ten days following a payment delinquency notice to you, your membership will be cancelled.
Vendors are responsible for properly canceling their account, and they can cancel their membership at any time. If Service is cancelled prior to the end of your current paid up month, your cancellation will take effect immediately and you will not be charge again at the next month’s billing cycle. Vivian’s Door does not provide refunds or prorate monthly memberships.
SECTION 12 – PAYMENT INFORMATION
Some Vivian’s Door Service features require a fee for service. You must be 18 years old or older to make a purchase through our Site and you are responsible for payment of your order through the Site when your order is placed. You agree to pay these fees and any other charges incurred in connection with your username and password (including any applicable taxes and shipping fees) at the rates in effect when the charges were incurred. Vivian’s Door process all fees and charges automatically through a third-party payment processor. We may change the fees and charges then in effect, or add new fees or charges, by giving you advance notice. All fees and charges are nonrefundable, except in instances where we are unable to provide the requested services.
SECTION 13 – PUBLICITY
Vendors and customers acknowledge and agree that Vivian’s Door may publicly disclose and use their name, images, and/or logos in its online, printed, and other marketing and publicity materials to identify you as a supporter and/or member of the Vivian’s Door community. If you or your organization prefers Vivian’s Door to not publicly disclose this information, please contact us.
SECTION 14 – LINKS
Either Vivian’s Door, Inc. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Vivian’s Door, Inc. shall not be responsible or liable, directly, or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
SECTION 15 – PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Vivian’s Door, Inc.’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Vivian’s Door, Inc., or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Vivian’s Door, Inc. Services (e.g., Content or Software), in whole or part.
Vivian’s Door, Inc. hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface, which is provided by Vivian’s Door, Inc. for use in accessing our Services.
SECTION 16 – WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- a) THE USE OF VIVIAN’S DOOR, INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. VIVIAN’S DOOR, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- b) VIVIAN’S DOOR, INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) VIVIAN’S DOOR, INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) VIVIAN’S DOOR, INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE VIVIAN’S DOOR, INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF VIVIAN’S DOOR, INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM VIVIAN’S DOOR, INC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 17 – LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT VIVIAN’S DOOR, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- a) THE USE OR INABILITY TO USE OUR SERVICE.
- b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.
- c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA.
- d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.
- e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 18 – RELEASE
In the event you have a dispute, you agree to release Vivian’s Door, Inc. (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected, or unsuspected, disclosed, and undisclosed, arising out of or in any way connected to such dispute.
SECTION 19 – NOTICE
Vivian’s Door, Inc. may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 20 – INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand, and agree that all of the Vivian’s Door, Inc. trademarks, copyright, trade name, service marks, and other Vivian’s Door, Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Vivian’s Door, Inc. You herein agree not to display and/or use in any manner the Vivian’s Door, Inc. logo or marks without obtaining Vivian’s Door, Inc.’s prior written consent.
Vivian’s Door, Inc. will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Vivian’s Door, Inc. may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest.
- b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon.
- c) A description of the location of the site which you allege has been infringing upon your work.
- d) Your physical address, telephone number, and email address.
- e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law.
- f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Vivian’s Door, Inc. agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Vivian’s Door, Inc.
Attn: Copyright Agent
2200 Government St
Mobile, Alabama 36606
SECTION 21 – ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Vivian’s Door, Inc. and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Vivian’s Door, Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Vivian’s Door, Inc. Services, affiliate Services, third-party content, or third-party software.
SECTION 22 – CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Vivian’s Door, Inc. with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Alabama without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Vivian’s Door, Inc., shall be filed within the courts having jurisdiction within the County of Mobile, Alabama or the U.S. District Court located in said state. You and Vivian’s Door, Inc. agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 23 – WAIVER AND SEVERABILITY OF TERMS
At any time, should Vivian’s Door, Inc. fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 24 – NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.
SECTION 25 – STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services, or the Agreement must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 26 – VIOLATIONS
Please report any and all violations of this Agreement to Vivian’s Door, Inc. as follows:
Vivian’s Door, Inc.
2200 Government St
Mobile, Alabama 36606
SECTION 27 – GOVERNMENT REQUESTS
SECTION 28 – FOREIGN ACCESS OF SITE
The Site is controlled, operated, and administered by Vivian’s Door from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Vivian’s Door’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
SECTION 29 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.