TERMS AND CONDITIONS
On the Website, you may purchase online courses (the “Courses”), templates and digital stationeries. Our courses are not done-for-you programs therefore you cannot demand for the customization of templates or design services for your business. Company reserves the right to update the courses with templates and resources that company deems fit to support your business. It is your responsibility to use these resources according to Company’s policies to grow and market your business.
Should you purchase customizable templates from Company, the Company provides you with a limited, world-wide, nonexclusive license to use the templates for your own personal use and to resell them to third parties for their individual use, after you have customized the templates into end products. You may not resell or otherwise distribute the templates, before or after customization, for commercial use as templates. You understand that the templates may not be used as-is and must be customized by you prior to distribution. All rights not specifically granted herein are specifically reserved to Company. Your use of the templates is “as is” and at your own risk. Company expressly disclaims any responsibility for your use, distribution and sales of the templates.
Company offers a 7-Day refund policy for Courses. To be eligible for a refund, you may request a refund for up to 7 days after you purchase the course as long as you do not proceed past the first module of the course. To request a refund please contact Company at email@example.com. Because the Company offers a refund policy, we ask that contact us prior to disputing a charge with your credit card so we can address your concerns.
The Company does not provide refunds for any purchased templates or digital stationeries. Certain jurisdictions have rules and regulations regarding refunds. Company will honor those laws to the extent it is required.
REGISTRATION & RESTRICTED ACCESS
Access to certain areas of the Website may be restricted. Company reserves the right to restrict areas of the Website at its sole discretion.
Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password (“User Account”). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Company immediately at firstname.lastname@example.org Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.
Company may disable your username and password at its sole discretion, refuse to register a user for the Service, remove or edit any content contributed to the Website or cancel any User Account. Company may, without notice, refuse access to its Website, in whole or part, to any person that fails to comply with these Terms.
Company reserves the right to modify methods for registration and access levels of registered users from time to time.
Company reserves the right to modify or discontinue, temporarily or permanently any Course (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of any Course. Company has no obligation to retain any part of the User Account (as defined below) for any period of time beyond what may be required by applicable law.
LICENSE FOR USE OF PRODUCTS
All Products except for the Templates that are available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.
As a condition of purchasing a Product, you agree that you will not create any information product that will compete with or otherwise utilize information learned from the Product and that if you violate this provision, you will be liable for damages and any other remedy available to Company at law.
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on the Website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Company’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Company’s express written permission.
All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company’s intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Some of the quotes used on company’s products are obtained from the public domain and therefore are not protected by any intellectual property laws.
Certain of the names, logos, and other materials displayed on the Website constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and You agree not to make any claims or assertions of any other party’s ownership of Company IP.
“Viv Digital Media” is a trademark of Company and is protected by United States trademark law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company.
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Viv Digital Media LLC, https://vivdigitalmedia.com/, or the experts featured on the Website.
From time to time, the Website will legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners.
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at email@example.com and we will use our best efforts to promptly remove such information from our records.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
By registering for the Community, you agree to allow Company to utilize any comments you make in our forums, via email, or in the Facebook group and the name of your website, Etsy shop, and social media channels in case studies and in Company marketing materials, including testimonials. To opt out of this use, please email firstname.lastname@example.org.
CONFIDENTIALITY AND PRIVACY
Company respects Your privacy and insists You agree to respect the privacy of Company. Any confidential information (“Confidential Information”) shared by any Company representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other participants in the Community. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore, you will NOT reveal any information to a third party obtained in connection with this Agreement. By purchasing the Course and becoming a member of the Community, you agree that if you violate or display any likelihood of violating this Agreement, the Company and/or the other participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
“Public Forum” is any area, site or feature offered as part of the Community (including, without limitation, discussion forums, message boards, blogs, guides, activity walls, hashtag streams, chat rooms, emails or personal messaging features) that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Generated Content (as defined below), and/or (b) to communicate, share, or exchange User Generated Content with other Website members or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
USER GENERATED CONTENT
By submitting or posting text, code, blog posts, comments, articles, drawings, photographs, videos, graphics, or other information, in any form or medium, to the Website (“User Generated Content”), you grant to Company a perpetual, irrevocable, and fully-paid license to use, display, or publish the User Generated Content on the Website, to store and distribute the User Generated Content, and to use the User Generated Content for promotional and marketing purposes. Company reserves the right to edit, modify, or create derivative works from the User Generated Content, and you shall have no rights with respect thereto unless we agree otherwise. All User Generated Content is the sole responsibility of the person who provided it. Company reserves the right to, in its sole discretion, remove, move, block, edit, or refuse any User Generated Content for any reason. Opinions or other statements expressed in User Generated Content are not necessarily the opinions of Company.
RULES FOR USER GENERATED CONTENT
By submitting or posting User Generated Content, you agree to the following rules:
- You have or own the necessary rights, consents, releases, licenses, and/or permissions for the User Generated Content;
- The User Generated Content will not damage you, us, or any third party;
- The User Generated Content is accurate and complete;
- The User Generated Content does not advertise, promote, or solicit business without the prior written consent of Company; and
- You will not do or attempt to do anything to harm, disrupt, or interfere with Company’s security, website, system, accounts, passwords, servers, data, or networks.
Company has sole discretion when determining whether certain User Generated Content violates any of its rules and to remove any User Generated Content. Company further reserves the right to, in its sole discretion, remove or block any user who violates any of its rules.
COMPANY IS NOT RESPONSIBLE FOR USER GENERATED CONTENT
User Generated Content is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful User Generated Content, nor does it assume responsibility or liability that may arise from the User Generated Content, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.
You agree and understand that you may be held legally responsible for damages suffered by other Website users or third-parties as the result of your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Company is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available in the Community.
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to email@example.com and we will remove the image within 24 to 48 hours.
If you send Company an email, register to use the Website or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.
COMPANY’S AMAZON STORE
Some of Company’s stationery products are listed on the website and on Company’s Amazon store as well, so you might come across different products described on the website, but when you click the “Buy on Amazon” button to purchase such products, you will be automatically redirected to Company’s Amazon store to complete your purchase.
All transactions for such products are subject to Amazon’s Terms and Policies.
COMPANY’S ETSY STORE
The website has links clearly stating and redirecting to Company’s store on Etsy, where you can still purchase different digital stationery products. All transactions for such products are subject to Etsy’s Terms and Policies.
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, or the information and materials provided therein.
Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
firstname.lastname@example.org for Company and to your email address.
Last updated: August 19, 2022