Terms of service

OVERVIEW

Welcome to Vivase Social! The terms “we,” “us,” and “our” refer to Vivase Social. We operate this website and online store, including all related information, content, features, tools, products, and services, to provide you — the customer — with a curated shopping experience (collectively, the “Services”).

These Terms and Conditions (the “Terms of Service” or “Terms”), along with any additional policies referenced within, outline your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By accessing, browsing, or using any part of the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.



SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us consent to allow any minor dependants to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online stores or purchasing products or services, you may be asked to provide certain information, such as your email, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.


SECTION 2 – OUR PRODUCTS

We strive to provide an accurate representation of our products and services. However, colors and appearance may vary due to device types and settings.

We do not warrant that products or services will meet your expectations or be identical to those depicted.

Product descriptions may change at any time without notice. We reserve the right to discontinue or limit quantities of products on a case-by-case basis.


SECTION 3 – ORDERS

When placing an order, you make an offer to purchase. Vivase Social reserves the right to accept or decline any order for any reason.

Orders are not accepted until confirmed by us, and payment must be received and processed.

Please review your order carefully before submitting. Cancellation requests after acceptance may not be accommodated.

If we do not accept, modify, or cancel your order, we will attempt to notify you using the contact details provided.

Purchases are subject to our Refund Policy.

You represent that your purchases are for personal or household use only, not for resale or export.


SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without notice.

The price charged will be the price at the time your order is placed, as confirmed by your order confirmation.

Prices do not include taxes, shipping, customs, or import fees unless stated.

Prices on our online store may differ from physical stores or third-party sites.

You agree to provide current and accurate payment and account information and update it promptly.

You represent that your payment method is valid, authorized for use, and that you will pay all charges, including taxes and fees.


SECTION 5 – SHIPPING AND DELIVERY

Shipping and delivery times are estimates and not guaranteed.

We are not liable for delays caused by carriers, customs, or events outside our control.

Once products are transferred to the carrier, title and risk of loss pass to you.


SECTION 6 – INTELLECTUAL PROPERTY

All content on the Services— including trademarks, brands, text, images, graphics, video, and audio— is owned by Vivase Social, its affiliates, or licensors and protected by law.

You may use the Services only for personal, non-commercial use.

You may not reproduce, distribute, modify, publicly display, or transmit any material without our prior written consent.

All rights not expressly granted are reserved.

Vivase Social’s trademarks, logos, product names, designs, and slogans may not be used without permission.

Shopify’s trademarks are owned by Shopify. Other trademarks belong to their respective owners.


SECTION 7 – OPTIONAL TOOLS

Third-party customer tools may be offered as part of the Services.

We do not control or endorse these tools and provide access “as is” without warranties.

Your use of such tools is at your own risk, and you should review their terms before use.

Future new features or tools may also be subject to these Terms.


SECTION 8 – THIRD-PARTY LINKS

The Services may include links or embedded content from third parties.

We are not responsible for their content, policies, or your interactions with them.

Use third-party sites at your own risk, and direct any complaints or issues to the third party.


SECTION 9 – RELATIONSHIP WITH SHOPIFY


Vivase Social is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Vivase Social. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Vivase Social, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Vivase Social.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read and understood these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties who may be located in countries other than where you reside, in order to provide services to you.

Please review our Privacy Policy for more details on how we, Shopify, and our partners collect, use, and protect your personal information.


SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. This license allows us to operate, provide, evaluate, enhance, improve, and promote the Services, as well as perform our obligations and exercise our rights under these Terms.

You represent and warrant that:
(i) you own or have all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and
(iii) your Feedback complies with these Terms.

We have no obligation to:

  1. Maintain your Feedback in confidence;

  2. Pay compensation for your Feedback; or

  3. Respond to your Feedback.

We may, at our sole discretion, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or that violates any party’s intellectual property rights or these Terms.

You agree that your Feedback will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Your Feedback must not contain libelous, unlawful, abusive, obscene content, or any computer virus or malware that could affect the Services or related websites.

You may not submit Feedback using a false email address, impersonate others, or otherwise mislead us or third parties about the origin of the Feedback. You are solely responsible for the content and accuracy of your Feedback.

We assume no responsibility and accept no liability for any Feedback posted by you or others.


SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is found to be inaccurate at any time, including after you have submitted your order, without prior notice.


SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, to:

  • (a) engage in any unlawful or malicious purpose;

  • (b) violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances;

  • (c) infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  • (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten any of our employees or any other person;

  • (e) transmit false or misleading information;

  • (f) send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms;

  • (g) transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

  • (h) impersonate or attempt to impersonate any other person or entity;

  • (i) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm Vivase Social, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:

  • (a) upload or transmit viruses, malware, or any other malicious code that may affect the functionality or operation of the Services;

  • (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without authorization;

  • (c) collect or track the personal information of others without consent;

  • (d) spam, phish, pharm, pretext, spider, crawl, or scrape the Services;

  • (e) interfere with or circumvent the security features of the Services, related websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.


SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without prior notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply even after termination:
Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.


SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Services, or anyone who may be informed of its contents.

EXCEPT AS EXPRESSLY STATED BY VIVASE SOCIAL, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.


SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIVASE SOCIAL, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO 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, ARISING FROM:

  • YOUR USE OF ANY OF THE SERVICES,

  • ANY PRODUCTS PROCURED USING THE SERVICES,

  • OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR PRODUCTS,

INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Vivase Social, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party arising out of or related to:

  1. Your breach of these Terms of Service or any incorporated documents;

  2. Your violation of any law or the rights of a third party;

  3. Your access to or use of the Services.

We will notify you of any indemnifiable claim, although failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by the delay. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but will not settle any claim that requires non-monetary obligations from you without your consent (which will not be unreasonably withheld). You agree to cooperate in the defense of such claims, including by providing relevant documents.

 

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law. The unenforceable portion will be severed from these Terms of Service, and this determination will not affect the validity or enforceability of the remaining provisions.

 

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not be considered a waiver of that right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or related to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us — including any previous versions of these Terms.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be null and void.

We reserve the right to transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.


SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws and federal, state, or territorial courts in the jurisdiction where Vivase Social is headquartered. You and Vivase Social consent to the exclusive venue and personal jurisdiction of such courts.


SECTION 22 – HEADINGS

The section headings in this agreement are for convenience only and shall not affect the interpretation or enforceability of these Terms.


SECTION 23 – CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting the changes on our website. It is your responsibility to check this page periodically for updates.

We will notify you of any material changes in accordance with applicable law. Such changes will become effective on the date specified in the notice.

Your continued use of or access to the Services after any changes have been posted constitutes your acceptance of those changes.


SECTION 24 – CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at:
Email: vivasehelp@gmail.com

Our contact details are as follows:
Trading Name: Vivase Social
Email: vivasehelp@gmail.com
Business Phone Number: (587)577-7247