Terms Of Use.

                                         :Terms of Use Agreement:

 

This Terms of Use Agreement (the “Agreement”) is a legally binding agreement between you (“User”) and VividStar (“Company”) governing your use of the Company’s website (the “Site”). By using the Site, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not use the Site.

1. Use of the Site The Site is intended for use by individuals who are at least 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old. You may only use the Site for lawful purposes and in accordance with this Agreement.

2. User Content The Site may allow you to submit, upload, publish, or otherwise make available text, graphics, images, videos, or other material (collectively, “User Content”). By submitting User Content, you represent and warrant that you have the right to do so and that the User Content does not violate any intellectual property or other proprietary right of any third party. You agree not to submit any User Content that is defamatory, obscene, offensive, or otherwise violates any applicable law or regulation.

3. Ownership The Site and all content and materials contained therein, including but not limited to text, graphics, images, videos, and software, are owned by the Company or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not use the Site or any content or materials contained therein for any commercial purpose without the prior written consent of the Company.

4. Disclaimer of Warranties THE SITE AND ALL CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR MATERIALS CONTAINED ON THE SITE.

5. Limitation of Liability IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY CONTENT OR MATERIALS CONTAINED THEREIN. THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6. Indemnification You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or related to your use of the Site or any violation of this Agreement.

7. Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of [insert state], without giving effect to any choice of law or conflict of law provisions. Any legal action or proceeding arising out of or related to this Agreement or the Site shall be brought exclusively in a court of competent jurisdiction located in [insert county], [insert state].

8. Changes to the Agreement The Company reserves the right to modify or update this Agreement at any time and without prior notice. Your continued use of the Site following any such modification or update constitutes your acceptance of the modified or updated Agreement.

9. Miscellaneous This Agreement constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.