| These Terms were last updated on October 1, 2008
Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using
this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be
posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions,
or rules are hereby incorporated by reference into these Terms of Use.
Vivi's reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice.
You should review these Terms of Use each time you access this Site.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our
website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website.
You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you
withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
Copyrighted Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools,
and other information (referred to herein as "Content"). This Site and all Content are the copyrighted property of Vivi's, and/or
its subsidiaries (referred to herein as "Vivi's") or the copyrighted property of parties from whom Vivi's has licensed such
property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute,
publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Vivi's reserves the right to add to,
delete from, or modify any part of Content at any time without prior notice.
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering
products or services solely through Vivi's (referred to herein as "Products"). No other download, retention, use, publication, or
distribution of any portion of the Content is authorized or permitted. Obtaining Products from Vivi's does not entitle you to use any
portion of Content apart from the finished Products as they are supplied by Vivi's.
You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and
regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or
service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy
or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or
entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful,
obscene, malicious or otherwise objectionable. Vivi's may terminate its service to customers found to be using Vivi's
to engage in undesirable activities.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you
incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any
copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You
warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or
privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate
third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right
and authority to place the order and you authorize Vivi's to produce the Products on your behalf.
Transfer of Title
The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer
upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Indemnification
You agree that you shall indemnify and defend Vivi's and all parties from whom Vivi's has licensed portions of Content, and
their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable
legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand
arising from or relating to any product text, photograph, image, graphic or other material you incorporated into Products that
was not part of the standard Site Content, or products purchased.
Disclaimer of Warranty
The site and its content are provided "as is" without warranty of any kind, either expressed or
implied, including, but not limited to, warranties of merchantability, fitness for a particular
purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted
or error free. References and links to products or services of independent companies may appear on
the site. These references and links are provided "as is" without warranty of any kind, either
expressed or implied.
Limitation of Liability
In no event shall vivi's or its licensors, suppliers, or vendors, their officers, directors,
employees, or agents be liable for any Special, incidental, indirect, or consequential damages
of any kind, or for any damages whatsoever resulting from loss of use, data, Or profits, whether or
not vivi's has been advised of the possibility of damage, arising out of or in connection with the
use or performance Of the site or of failure to provide products or services that you order from
vivi's or its affiliates, including without limitation, damages Arising from mistake, omission,
virus, delay, or interruption of service. In no event shall vivi's be liable or responsible for any
damages or Consequences arising from or related to your inappropriate or unauthorized use of this
site or its content.
Site Feedback
Any comments, suggestions, proposals or other feedback (collectively "Feedback Information") provided to Vivi's in connection
with the operation or content of this Site shall be provided by the submitter and received by Vivi's on a non-confidential basis.
All such comments, suggestions, and other information shall become the exclusive property of Vivi's. By submitting any such information
to Vivi's, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information,
including all copyrights and other intellectual property rights. You agree that Vivi's shall be free to use such information on an unrestricted basis.
Governing Law
Vivi's is based in Palm Beach County, Florida and all transactions take place on Vivi's's servers located in the United States of America.
Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the
United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of
the United States of America. Any legal action or proceeding relating to or arising from your access to or use of this Site shall
be instituted in Beach County, Florida. You agree to submit to the jurisdiction of Palm Beach County courts and agree that venue in
these courts is proper in any such legal action or proceeding.
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