Terms and Conditions of Use
The Vanity Project
Welcome to our online store! The Vanity Project LLC (“TVP”) and its partners provide services to you subject to the terms and conditions below (the “Terms & Conditions”). By accessing, shopping and browsing on the TVP website (the “Site”), you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations, so please read them carefully. If you do not agree to these terms, please do not use the Site.
The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Please be aware that TVP may, in its sole discretion and without notice, revise these terms at any time by updating this posting.
Please review our Privacy Notice, which also governs your visit to the Site, to understand our practices regarding the protection of your privacy.
LICENSE TO USE
TVP hereby grants you a limited license to access and make personal use of the Site, and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TVP. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TVP. 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 TVP and our associates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing TVP’s name or trademarks without the express written consent of TVP. Any unauthorized use terminates the permission or license granted by TVP. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TVP, so long as the link does not portray TVP, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TVP logo or other proprietary graphic or trademark as part of the link without express written permission.
When you visit the Site or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. 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. Additionally, by purchasing through the Site and by agreeing at checkout to receive marketing communications, you consent for TVP to relay your contact information to the organizations that sell their products through the Site.
COPYRIGHTS AND USE OF WEBSITE CONTENT
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TVP or its content suppliers (the “Owners”), and protected by international copyright laws. The copyright in all materials provided on the Site is held by the Owners or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of TVP or the copyright owner. Any unauthorized use of the materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are reserved.
The Owner’s trademarks, service marks and logos (the “Marks”) may not be used in connection with any product or service that is not the Owner’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Owners. Any trademarks, service marks and logos not owned by the Owners or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TVP or its partners.
ACCESS TO THIS SITE
TVP may alter, suspend or discontinue the Site or your access to the Site at any time for any reason, without notice or liability to you or any third party. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user is solely responsible for ensuring that any information or content obtained from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.
YOUR MEMBERSHIP ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian. TVP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information on the Site, so long as such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property 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.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TVP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant TVP and its partners a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TVP and its associates and 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 TVP or its associates for all claims resulting from content you supply. TVP has the right but not the obligation to monitor and edit or remove any activity or content. TVP takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from TVP 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.
TVP attempts to be as accurate as possible. However, TVP does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered by TVP itself is not as described, your sole remedy is to return it in unused condition.
You hereby indemnify, defend, and hold harmless TVP and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, vendors, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “TVP Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the TVP Parties in connection with any claim arising out of or relating to any breach by you of these Terms & Conditions or the representations, warranties, and covenants you have made by agreeing to the Terms & Conditions. You agree to cooperate as fully as reasonably required in the defense of any such claim. TVP reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TVP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, TVP DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED, OR THAT THE SITE; OR (4) THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE TVP PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE OR OBTAINED FROM YOUR USE OF THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF TVP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY TO YOU FROM THE TVP PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
ENFORCEMENT OF TERMS AND CONDITIONS
These Terms & Conditions are governed and interpreted pursuant to the laws of the State of Nevada, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of Nevada. You further agree and expressly consent to the exercise of personal jurisdiction in the State of Nevada in connection with any dispute or claim involving TVP. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
These Terms & Conditions constitute the entire agreement between you and TVP with respect to the subject matter herein, and supersede and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by TVP.