Terms of Use

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Terms of Use

 

Vidart & Life Terms of Use

Thank you for visiting www.vidartandlife.com. We have prepared these Terms of Use (the “Terms”) to ensure that you understand your rights and obligations and that your experience on our web site, www.vidartandlife.com (the “Web Site”) is one you’ll want to repeat again and again. Vida DeCaro (“Vidart & Life”) provides this Web Site as a service to the customers.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the web site.  

Privacy Policy

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: Vidart & Life Privacy Policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

Terms and Conditions

This Website Terms of Use Agreement governs your use of the website located at www.vidartandlife.com (the “Site”) which is owned and operated by Vida DeCaro, Vidart & Life (the “Company,” “I”, “we,” “us” or “our”).  By accessing, browsing or using the Site or any pages of the Site, you are indicating that you have read and acknowledge and agree to be bound by this Website Terms of Use Agreement and any additional terms and conditions applicable to certain areas of the Site and posted in those areas of the Site, which are incorporated herein by reference (collectively, “Terms and Conditions”), and the Company’s Website Privacy Policy located at vidartandlife.com/privacy.  If you do not agree to every provision of these Terms and Conditions and the Company’s Website Privacy Policy, please do not access, browse or use the Site.  

These Terms and Conditions may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms and Conditions on the Site.  You can determine when we last updated these Terms and Conditions by referring to the “Last Updated” legend at the bottom of these Terms and Conditions.  By accessing, browsing or using the Site following the posting of changes to these Terms and Conditions, you accept such changes.  You agree to use the Site for lawful purposes only in a manner consistent with any and all applicable rules, laws and regulations.  Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties.  We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions.  

Site Content

The Site and all material on the Site or contained therein, all text, graphics, and other works on the Site, the Site’s design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site (collectively, the “Site Content”) are owned by us or a third-party.  These materials are protected under copyright, trademark and other laws.  You may not copy, download, transmit, modify, distribute or republish the Site or any portion of the Site, including without limitation any of the Site Content without the prior written consent of the Company.  You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Site or any Site Content.  Use of any Site Content is prohibited without the prior written permission of the Company.  As long as you comply with these Terms and Conditions, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to access and make personal use of this Site.

All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including without limitation the following:

Vidart & Life, 

are registered and unregistered trademarks and service marks owned by Company or its subsidiaries or affiliates or a third-party.  The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that the Company has established in any of its goods, services, names or logos.  These trademarks and all other trademarks, service marks, logos, and company names (each a “Mark”) used in connection with the Site are the property of Company or third-parties and shall remain the property of Company and such third-parties.  Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of the Company or such third-party that may own such Mark.  Your misuse of any such Mark, or any other Site Content, is strictly prohibited.

Registration

Each registration is for a single user only.  In consideration of your use of the Site, you agree to provide accurate, current and complete information about yourself or your company as requested on the Site registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete.  By accepting these Terms and Conditions, you represent and warrant that you are 18 years of age or older and that, if you have accepted these Terms and Conditions on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.  

Any changes to your registration information should be made on the Site.  If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

After you register on the Site, you may receive a password for your use of the Site.  You are responsible for keeping your password confidential.  You will be responsible for all uses and activity that occurs through your password or account.  You will close the browser window for the Site at the end of each use, and you will immediately notify us of any unauthorized use of your password.  We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.   

Legal Requirements

Where Company has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Company may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so.  Please see the Company’s Website Privacy Policy located at Vidart & Life Privacy Policy for additional information relating to the privacy and security of information collected hereunder. 

Your Use of the Site/ Content Posting/Conduct Restrictions

The following is a partial list of the kind of Member Content that is illegal and/or prohibited to post on or through the Web Site. Vidart & Life reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Vidart & Life, violates this provision, including without limitation, removing the offending communication from the Web Site and terminating the membership of such violators. Prohibited Member Content includes, but is not limited to Member Content that, in the sole discretion of Vidart & Life.

• is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• criticizes any business or individual;

• harasses or advocates harassment of another person or entity;

• exploits any person in a sexual or violent manner;

• contains nudity, violence, or offensive subject matter or contains a link to an adult website;

• solicits personal information from anyone under the age of 13;

• promotes information that the member knows is false or misleading and/or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

• promotes an illegal or unauthorized copy of another person’s or entity’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

• solicits passwords or personal identifying information for commercial or unlawful purposes from users of the Web Site;

• involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

• includes a photograph of another person that you have posted without that person’s consent.

 

• criminal activity, including, but not limited to, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

• any automated use of the system, such as using scripts to add friends or send comments or messages;

• interfering with, disrupting, or creating an undue burden on the Web Site or the networks or services connected to the Web Site;

• attempting to impersonate another user of the Web Site, another member, or any other person;

• using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;

• selling or otherwise transferring your profile, without permission from Vidart & Life;

• using any information obtained from the Web Site in order to harass, abuse, or harm any person or entity; or

• displaying an advertisement on your profile, or accepting payment or anything of value from a third person or entity in exchange for your performing any commercial activity on or through the Web Site on behalf of that person or entity, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.

You acknowledge and agree that Company may disclose or use any User Content that you Transmit for purposes that include, but are not limited to:  (a) enforcing these Terms and Conditions; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Company, its customers or the public.  With respect to User Content that you Transmit to the Site, you grant Company a perpetual, worldwide, royalty-free, nonexclusive license to use, copy, excerpt, reproduce, display, aggregate, de-identify, publish, modify, distribute and create derivative works of such User Content in any form or media, and to allow others to do so, however, Company will only share personally identifiable information that you provide in accordance with Vidart  & Life Privacy Policy.  As between the parties, we own all right, title, and interest in and to all intellectual property rights in all materials, products or services developed by us, or on behalf of us by third parties, based on or including as a component thereof any such information as described above, and all generalized knowledge, skill, know-how and expertise relating to such information

Company does not and cannot review all User Content posted to the Site, or created by users accessing the Site, and is not in any manner responsible for the content of any User Content. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities on the Site.  However, the Company reserves the right to block, remove, move or edit any of the submissions in its sole discretion.  

Links to Others Sites and/or Materials

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

Special Admonitions for International Use of the Web Site.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Indemnification

You agree to defend, hold harmless and indemnify Company, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Site, any User Content that you Transmit to or through the Site, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.

Pricing, Availability and Features

At vidartandlife.com, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day. with certain limited time offerings of merchandise at promotional prices. Price, availability and features of the products or services featured on the Site are subject to change without notice.

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Notice

Vidart & Life may deliver notice to you by means of electronic mail, a general notice on the Web Site, or by written communication delivered by first class U.S. mail to your address on record in Vidart & Life account information.

Term & Termination

You acknowledge and agree that the Vidart & Life may terminate your access to use of the Site for any reason, including, without limitation, your violation of these Terms and Conditions.  You agree that the Company may terminate your access to and use of the Site without prior notice and without any liability to you or any third party.  You acknowledge and agree that the Company may modify, limit, suspend or discontinue the Site or any part of the Site at any time, without notice or liability to you.  Company may also, from time to time, establish general rules and policies regarding use of the Site.  Company will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site.  Company shall have no liability or responsibility with respect to any lost Site Content, User Content, or other data, such as the deletion of or failure to store Site Content, User Content, or other data.  All provisions of these Terms and Conditions that by their nature should survive termination of your right to access and use the Site shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).  Company reserves the right to, but has no obligation to, store or keep copies of any Site Content, User Content, or other information, unless otherwise required by law or court order.

Copyright Policy for the Web Site

You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of Vidart & Life to terminate the privileges of any user of the Web Site or member who infringes the copyright rights of others upon receipt of prompt notification to Free People Direct by the copyright owner or the copyright owner’s legal agent.

Copyright Complaints and Copyright Agent

(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at vida@vidartandlife.com:

  1.   The date of your notification;
  2.   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3.   A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4.   A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5.   Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6.   A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7.   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1.   Your physical or electronic signature;
  2.   A description of the content that has been removed and the location at which the content appeared before it was removed;
  3.   A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4.   Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New Jersey and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

Disclaimers and Limitation of Liability

COMPANY IS PROVIDING THE SITE AND ALL FEATURES OF THE SITE ON AN “AS-IS,” “AS-AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO THE OPERATION OF THE SITE.  COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER.  COMPANY ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF THE SITE.  COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF THE SITE, AND COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.  ANY SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.  

IN NO EVENT SHALL COMPANY, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (“AFFILIATED ENTITIES”) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD-PARTIES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM (1) THE USE OF OR INABILITY TO USE THE SITE, ANY SERVICES, OR THE SITE CONTENT OR USER CONTENT; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY SERVICES AND/OR USER CONTENT; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) ANY OTHER MATTER RELATING TO THE SITE, ANY SERVICES, OR THE USER CONTENT.  YOU SPECIFICALLY AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.  THE MAXIMUM LIABILITY OF COMPANY AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE SITE.  IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.  

General Terms

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New Jersey, without regard to conflict of law provisions.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT VIDART & LIFE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Last Updated: August 25, 2020

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