TERMS AND CONDITIONS
The following terms (“Terms of Use”) constitute an agreement between Viv Digital Media (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (the “Website”), located at https://vivdigitalmedia.com/. Company, owner and operator of the Website, is a limited liability company formed under the laws of the state of Colorado, United States.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. Any reference to the Website, shall include any course, templates, digital stationeries and the Community.
COURSE POLICIES
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.
TEMPLATE POLICIES
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.
Should you opt to sell the customized templates on Etsy.com, you agree you are solely responsible for customizing the templates and ensuring compliance with Etsy’s “handmade” policy and all other terms of use provided by Etsy.com, Amazon.com or any other platform in which you sell the customized template.
REFUND POLICY
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 support@vivdigitalmedia.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 hi@vivdigitalmedia.com 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.
When you create a User Account with Company, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in Company’s sole discretion.
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.
MODIFICATIONS
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.
FEES
To the extent a Course or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Company or Company’s third party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your User Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your User Account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. Company reserves the right to change the price of the Courses. Your continued use of the Course after the price change becomes effective constitutes your agreement to pay the changed amount.
If you have opted in for the payment plan for any Course, you cannot cancel your remaining payments for that Course unless you qualify for a refund under these Terms of Use.
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.
YOUR RESPONSIBILITY
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.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
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.
INTELLECTUAL PROPERTY
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.
EQUITABLE RELIEF
You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
COPYRIGHT
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.
TRADEMARKS
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.
CHILDREN’S INFORMATION
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 hi@vivdigitalmedia.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.
Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
COMPANY MARKETING
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 support@vivdigitalmedia.com.
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.
MEMBERSHIP
“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 is not defamatory, false, threatening, harassing, abusive, hateful, offensive, libelous, obscene, excessively violent, pornographic, inappropriate, or encouraging of conduct that would be considered a criminal offense, give rise to civil liability, or violate any law or violate the Terms of Use;
- 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.
DEFAMATORY COMMENTS
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.
TAKEDOWN REQUESTS
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 hi@vivdigitalmedia.com and we will remove the image within 24 to 48 hours.
COMMUNICATION
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.
THIRD PARTIES
The Website may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website.
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.
NO WARRANTIES
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.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the Colorado. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in the state of Colorado. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without Company’s prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Company.
All notices with respect to the Terms of Use must be in writing and may be via email to
support@vivdigitalmedia.com for Company and to your email address.
Last updated: August 19, 2022