Terms & Conditions

Terms and Conditions - Vivolens

Effective Date: 04/08/2024

Welcome to Vivolens! By using our website located at https://vivolens.com (hereinafter referred to as the "Website"), you agree to comply with and be bound by the following terms and conditions of use (hereinafter referred to as the "Terms"). Please read these Terms carefully before using our Website. If you do not agree with these Terms, you should not use our Website.

1. Introduction

These Terms and Conditions govern your use of Vivolens.com. By accessing or using our Website, you agree to be bound by these Terms and our Privacy Policy, which can be found at https://vivolens.com/p/privacy.html. If you do not agree with any part of these Terms, you must not use our Website.

2. Definitions

In these Terms, the following terms shall have the meanings defined below:

  • "Website" refers to Vivolens.com and all content, services, and products available at or through the Website.
  • "User" refers to any individual or entity accessing or using the Website.
  • "Services" refers to all content, tools, and other services offered on the Website, including but not limited to blog posts, templates, plugins, custom codes, and online earning tips.
  • "Content" refers to any text, images, video, audio, or other multimedia content, software, or other information or material submitted to, or on, the Website.

3. User Obligations

3.1 Eligibility

To use our Website, you must be at least 18 years old or have the permission of a parent or guardian. By using the Website, you represent and warrant that you meet this eligibility requirement.

3.2 Account Creation

To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account.

3.3 Accurate Information

Users must provide truthful and accurate information when interacting with the Website. Providing false information of any kind may result in the immediate termination of your account and access to the Website.

3.4 User Conduct

Users agree not to engage in any of the following prohibited activities:

  • Violating any applicable law or regulation.
  • Engaging in fraudulent or deceptive practices.
  • Harassing, abusing, or harming another person or entity.
  • Interfering with or disrupting the operation of the Website.
  • Uploading or distributing viruses, malware, or other harmful software.
  • Attempting to gain unauthorized access to our systems or networks.
  • Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

4. Intellectual Property

4.1 Ownership

All content on Vivolens.com, including blog posts, templates, plugins, custom codes, and other materials, is owned by Vivolens or its licensors and is protected by intellectual property laws. Unauthorized use of any content may violate copyright, trademark, and other laws.

4.2 Usage Rights

Users may not copy, modify, distribute, sell, or lease any part of our content without our written permission. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the content for your personal, non-commercial use.

4.3 Copyright Infringement

If you believe that any content on our Website infringes your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA) by providing the following information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing and where it is located on the Website.
  • Your contact information, including your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

DMCA notices should be sent to vivolens1@gmail.com.

5. User-Generated Content

5.1 Ownership and License

Users retain ownership of any content they create and post on the Website. By posting content, you grant Vivolens a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Website and our business.

5.2 Content Guidelines

Users must ensure that their content does not violate any laws, infringe the rights of any third party, or contain any offensive or inappropriate material. Prohibited content includes, but is not limited to:

  • Illegal content or content that promotes illegal activities.
  • Hate speech, harassment, or abusive content.
  • Content that infringes on intellectual property rights.
  • Pornographic, obscene, or sexually explicit content.
  • False or misleading information.

5.3 Removal of Content

Vivolens reserves the right to remove any user-generated content that violates these Terms or is otherwise objectionable at our sole discretion. We may also terminate a user's access to the Website if they repeatedly violate these content guidelines.

6. Privacy Policy

For detailed information on how we collect, use, and protect your personal data, please refer to our Privacy Policy.

7. Disclaimers and Limitation of Liability

7.1 General Disclaimer

The Website and all content, services, and products provided through it are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Vivolens disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

7.2 No Liability

To the fullest extent permitted by law, Vivolens shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:

  • Your access to or use of or inability to access or use the Website.
  • Any conduct or content of any third party on the Website.
  • Any content obtained from the Website.
  • Unauthorized access, use, or alteration of your transmissions or content.

7.3 Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Vivolens. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Vivolens shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

8. Indemnification

You agree to indemnify, defend, and hold harmless Vivolens, its officers, directors, employees, agents, and affiliates, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website, your violation of these Terms, or your violation of any rights of a third party.

9. Termination

9.1 Termination Rights

Vivolens reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice, for any reason, including, without limitation, if you breach these Terms.

9.2 Effect of Termination

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We also reserve the right to delete or disable access to any content that you have posted to the Website.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in [Insert Jurisdiction] for the purpose of litigating all such claims or disputes.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.

12. Contact Information

If you have any questions about these Terms, please contact us:

13. Additional Considerations

13.1 Payment Terms

For any paid services or products offered on the Website, the following payment terms apply:

  • All payments must be made in the currency specified at the time of purchase.
  • Payment methods accepted include credit card, PayPal, and any other methods specified on the Website.
  • Prices for products and services are subject to change without notice.
  • If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend or cancel your access to the paid service until we have successfully received a valid payment.
  • Refunds, if any, will be provided at our sole discretion and in accordance with our refund policy.

13.2 Dispute Resolution

Any disputes arising out of or in connection with these Terms shall be resolved through the following process:

  • Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiations.
  • Mediation: If the dispute cannot be resolved through negotiation, the parties shall attempt to resolve the dispute through mediation conducted by a mutually agreed-upon mediator.
  • Arbitration: If the dispute cannot be resolved through mediation, the dispute shall be resolved through binding arbitration in [Insert Jurisdiction] in accordance with the rules of [Insert Arbitration Organization]. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

13.3 User Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website ("Feedback"). You may submit Feedback by emailing us at vivolens1@gmail.com. Any Feedback you submit to us will be considered non-confidential and non-proprietary. By submitting Feedback, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Feedback for any purpose.

13.4 Accessibility

Vivolens is committed to ensuring that our Website is accessible to all users, including those with disabilities. We strive to comply with all applicable accessibility standards and to continuously improve the user experience for everyone. If you have any questions or suggestions regarding the accessibility of our Website, please contact us at vivolens1@gmail.com.

13.5 Compliance with Laws

Users must comply with all applicable laws and regulations when using the Website. This includes, but is not limited to, laws regarding intellectual property, data protection, privacy, and export control. Users are solely responsible for ensuring that their use of the Website is in compliance with all applicable laws and regulations.

14. Miscellaneous

14.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Vivolens regarding the use of the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.

14.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14.3 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms at our sole discretion, without restriction.

14.4 Notices

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given:

  • Via email.
  • By posting to the Website.

For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

14.5 Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

14.6 Relationship of the Parties

These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority of any kind to bind the other in any respect.

14.7 Survival

Provisions that, by their nature, should survive termination of these Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14.8 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

Thank you for using Vivolens! If you have any questions or concerns about these Terms, please contact us at vivolens1@gmail.com or via WhatsApp at +233559897987.