Terms of service.

TERMS OF SERVICE

These Legal Terms were last updated 12 March 2024.

We are Vivid Vision Bags (“Company”, “we”, ““us”, “our”). We operate under the website https:///www.vividvisionbags.com (the “site”). By visiting our site and/or purchasing from us, you engage in our “Service” and are bound by the following terms and conditions (“Terms of Service”, “Terms”), 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. If you do not agree to all the Terms of this agreement, then you may not access the website or use any services.

Any new features or tools added to the current site shall also be subject to the Terms. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your province or state of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature. We reserve the right to refuse service to anyone for any reason at any time. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services

You agree to not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, without express written permission by us.

2. INTELLECTUAL PROPERTY RIGHTS

We are the owner of the licensee of all intellectual property rights in our Services, including all website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks my be copied, reproduced, aggregate, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@vividvisiobags.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

Submission: By directly sending us any question, comment suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (i) all registration information you submit will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) you have the legal capacity and you agree to comply with these Legal Terms; (iv) you are not a minor in the jurisdiction in which you reside; (v) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (vi) you will not use the Services for any illegal or unauthorized purpose; and (vii) your use of the Services will not violate any applicable law or regulation.

4. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. We currently only ship to Canada and the United States, and reserve the right to limit orders to addresses in those countries.

5. PURCHASES AND PAYMENT

We accept payment using Stripe.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We may change prices at any time. All payments shall be in CAD. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing our order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors without our express written permission for such activities.

6. RETURN POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing.

As a user of the Services, are prohibited from using the site or its content:

  1. for any unlawful purpose;

  2. to solicit others to perform or participate in any unlawful acts;

  3. to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

  4. to collect or track the personal information of others;

  5. to upload or transmit viruses or any other type of malicious code;

  6. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  7. to spam, phish, pharm, pretext, spider, crawl, or scrape;

  8. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  9.  to submit false or misleading information;

  10. for any obscene or immoral purpose; or

  11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet.

8. USER GENERATED CONTRIBUTIONS

We may provide you with the opportunity to create, submit content such as reviews, to us or on the Services, including but not limited to text, writings, video, audio, photograph, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The person submitting a review or rating must have firsthand experience with the person/entity being reviewed.

  2. You will not organize a campaign encouraging others to post reviews, whether positive, or negative.

  3. You are the creator and owner of any content, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize use, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

  4. You have the written consent, release, and/or permission of every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

  5. Your Contributions are not false, inaccurate, or misleading.

  6. Your Contributions are not unsolicited or unauthorized advertising, promotional material, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  7. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

By Submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We may accept, reject, or remove reviews/submissions at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review of any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transit by any means, display, perform and/or distribute all content relating to review.

9. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Website and Third-Party Content are not investigate, monitored, or checked for accuracy, appropriateness, or completeness by us and we are not responsible for an Third-Party Website accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Website or he Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or relating to any applications you use or install from the Services. Any purchases you make through Third-Party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites

10. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Canada and the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada and the United States, then through your continued use of the Services, you are transferring your data to Canada and the United States, and you expressly consent to have your data transferred to an processed in Canada and the United States.

11. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Canada. Vivid Vision Bags and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with These Legal Terms.

12. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove the service or cancel the service at any time.

In no case shall Vivid Vision Bags, or our employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation, lost profits, lost revenue, lost savings, loss of data, or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage or any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. INDEMNIFICATION

You agree to indemnify, defend and hold Vivid Vision Bags and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, o your violation of any law or the rights of a third-party.

14. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

info@vividvisonbags.com