( Old) Site Terms & Conditions
Terms and Conditions - Viberant
Last Updated: 1st 1uly 2023
OVERVIEW
Viberant operates this website. Viberant is referred to as "we," "us," and "our" throughout the website. You, the user, are provided by Viberant with access to this website and all information, tools, and services available, subject to your compliance with the terms, conditions, policies, and notices mentioned here.
You agree to the following terms and conditions ("Terms and Conditions", "Terms"), including such other terms and conditions and policies that are linked herein and/or accessible by hyperlink, by visiting our site and/or making a purchase from us, which together constitute our "Service." All users of the site, including without limitation browsers, vendors, customers, merchants, and/or content producers, are subject to these Terms and Conditions.
Please read these Terms and Conditions carefully before accessing or using our website. You agree to be bound by these Terms and Conditions by accessing or using any part of the site. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
The Terms and Conditions also apply to any new features or tools that are introduced to the current store. On this page, you can always review the most recent version of the Terms and Conditions. By publishing updates and/or changes to our website, we retain the right to amend, modify, or replace any element of these Terms and Conditions. It is your obligation to periodically check this page for updates. Following the publishing of any modifications, your continued use or access to the website implies acceptance of those changes.
Shopify Inc. hosts our store. They give us access to the online shopping cart, enabling us to offer them their goods and services.
SECTION 1 - ONLINE STORE TERMS
You warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have permitted us to let any of your minor dependents to use this site, by agreeing to these Terms and Conditions.
You may not use our products for any unlawful or unauthorized purposes, and you may not break any local laws (including, but not limited to, copyright laws) while using the Service.
You must not distribute any worms, viruses, or other disruptive code.
Your Services will be immediately terminated if any of the Terms are broken or violated.
SECTION 2 - GENERAL CONDITIONS
Anytime, for any reason, we can deny service to anyone.
You are aware that your content (except credit card data) may be transmitted over a variety of networks and subject to (a) transmission over those networks and (b) changes to meet and adapt to the technical requirements of those networks or devices. Whenever credit card data is transferred over networks, it is always encrypted.
You agree that without our prior written consent, you will not reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the Service is given.
The headings used in this agreement are simply there for your convenience and have no bearing on these Terms in any way.
SECTION 3 - ACCURACY and COMPLETENESS OF INFORMATION
We do not guarantee the accuracy, completeness, or currentness of the information provided on this site. The content on this website is provided for informational purposes only. It should only be relied upon or used as the only basis for choices with consulting primary, more reliable, complete, or up-to-date data sources. Your use of the information on this website is at your own risk.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
With prior notice, our product prices can remain the same.
We retain the right to change or stop providing the Service (or any feature or material within) at any time and without prior notice. Since we are constantly changing the designs with new digital art every week or month, except for the sudden change in the catalogs.
Any time the Service is altered, its pricing is changed, it is suspended, or discontinued, we won't be responsible to you or any third parties.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some goods or services might only be accessible online via the website. These goods or services might be in short supply and can only be returned or exchanged in accordance with our return policy. Click here to learn more about these Return and exchange policies.
We have made every attempt to accurately reflect the colors and visuals of our products as they appear in the store. We cannot guarantee that any color you see on your computer screen is accurately represented.
We reserve the right, but are under no obligation, to restrict who is eligible to purchase our products or use our Services. On a case-by-case basis, we may use this right. We have the right to cap the number of goods or services we provide. All product descriptions and prices are subject to change at any time and without prior notice at our sole discretion. Anytime, we reserve the right to stop selling any product. Any offer made on this website for any good or service is void where prohibited.
In addition, we do not guarantee that any faults in the Service will be fixed or that the quality of any goods, services, information, or other materials you buy or get will match your expectations.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Any order you place with us may be rejected at our discretion. We can restrict or discontinue sales to one individual, household, or order at our sole discretion. These limitations may apply to orders made using the same credit card, billing address, shipping address or orders made by or under the same customer account. If your order is modified or canceled, we may attempt to reach you by phone, email, and/or the billing address/phone number you provided when placing the transaction. In our sole discretion, orders that appear to have been placed by dealers, resellers, or distributors may be restricted or prohibited.
You agree to provide current, complete, and accurate account and transaction information for any purchases made at our store. For us to complete your transactions and get in touch with you as necessary, you agree to immediately update your account and other information, including your email address, credit card numbers, and expiration dates.
Please look into our Returns Policy for more information.
SECTION 7 - THIRD-PARTY LINKS
Materials from third parties may be included in some content, goods, and services made available through our site.
You might be taken to third-party websites through links on our website that are not connected to us. We disclaim all liability and responsibility for any errors or omissions in the content or accuracy of any third-party materials or websites and for any other third-party materials, goods, or services.
Any loss or damages resulting from the acquisition or use of products, services, resources, content, or any other transactions made with any third-party websites are not our responsibility. Before entering any transaction, please carefully research the third party's rules and practices to ensure you are familiar with them. Any issues, claims, worries, or inquiries regarding items from third parties should be addressed to the third party.
SECTION 8 - PERSONAL INFORMATION
Our Privacy Policy governs your submission of personal information through the store. To view our Privacy Policy.
SECTION 9 - ERRORS, INACCURACIES, AND OMISSIONS
On rare occasions, the material on our website or in the Service may have clerical or other errors, inaccuracies, or omissions about product descriptions, costs, special offers, promotions, transit times, and availability. We reserve the right to change or update information or cancel purchases if any information in the Service or on any affiliated website is erroneous at any time (even after you have completed your order). We also reserve the right to remedy any mistakes, inaccuracies, or omissions since we have multiple suppliers around the globe. Therefore, we will always strive to provide the best products without flaws.
Except as law requires, we make no commitment to update, modify, or clarify any information in the Service or any associated website, including pricing information. It should not be assumed that all of the information in the Service or any related website has been updated or amended because no explicit update or refresh date is applied.
SECTION 10 - PROHIBITED USES
You are forbidden from using the site or its content in the following ways, in addition to other restrictions outlined in Terms and Conditions:
(a) for any unlawful purpose;
(b) to solicit others to perform or engage in any unlawful acts;
(c) to violate any international, national, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our or others' intellectual property rights; and
(e) to harass, abuse, insult, or harm another person.
(f) to provide false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used to interfere with or circumvent the security features of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
For breaching any of the banned uses, we retain the right to stop you from using the Service or any related website.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your use of our service will not be uninterrupted, timely, secure, or error-free, and we do not promise, represent, or warrant that it will be.
We do not guarantee the accuracy or dependability of any outcomes that may be attained through the use of the service.
You acknowledge that we reserve the right to discontinue the service at any time and without prior warning, or to remove it altogether.
You explicitly acknowledge that the service is used at your own risk, whether you can use it or not. Except where expressly stated by us, the service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, free from any express or implied representation, warranty, or condition of any kind, including without limitation any implied warranty or condition of title, non-infringement, merchantability, or fitness for a particular purpose.
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, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, shall never be made by Viberant, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors including, but not restricted to, any mistakes or omissions in any content, or any loss or harm of any kind sustained as a result of using the service or any information (or item) posted, transmitted, or otherwise made accessible through the service, even if informed of their potential. Our liability shall be limited to the greatest extent permitted by law in those states or jurisdictions that do not allow the exclusion or the restriction of liability for consequential or incidental damages.
SECTION 12 - INDEMNIFICATION
You consent to hold harmless Viberant and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand made by any third party due to or arising out of your violation of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 13 - SEVERABILITY
The unenforceable portion of any provision of these Terms and Conditions shall be deemed to be severed from these Terms and Conditions, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by applicable law. If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
Terminating this agreement shall not affect the parties' obligations and liabilities accrued before the termination date.
Unless and until terminated by either you or us, these terms and conditions will remain in effect. By notifying us that you no longer want to use our Services or by stopping your usage of our website, you may terminate these Terms and Conditions at any time.
If, in our sole discretion, you disobey any term or provision of these Terms and Conditions, or if we have reasonable grounds to suspect that you have disobeyed any term or provision, we may also immediately and without prior notice, terminate this agreement, with you remaining responsible for all amounts due up to and including the date of termination, and/or restrict your access to all or any portion of our Services.
SECTION 15 - ENTIRE AGREEMENT
Any right or provision of these Terms and Conditions that we do not exercise or enforce per them does not constitute a waiver of such right or provision.
All prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any earlier versions of the Terms and Conditions) are superseded by these Terms and Conditions, and any policies or operating rules posted by us on this website or to The Service, which together govern your use of The Service.
Any discrepancies in how these Terms and Conditions should be read should not be used against the party who drafted them.
SECTION 16 - GOVERNING LAW
The U.S. and California law shall govern and be applied to these Terms and Conditions and any other agreements whereby we supply Services.
SECTION 17 - CHANGES TO Terms and Conditions
You can always review the most recent terms and conditions on this page.
By publishing updates and modifications to our website, we reserve the right to amend, modify, or replace any portion of these Terms and Conditions at any time. It is your duty to often check our website for updates. Any modifications to these Terms and Conditions that are posted after you first use our website or access the Service indicate your acceptance of those modifications.
SECTION 18 - CONTACT INFORMATION
Any Questions or comments about the Terms and Conditions can be emailed to us at Viberant.store@hotmail.com.