Last updated: 01/08/2024
Welcome to vivenciasmart.com (“we”, “our”, “us”). These Terms of Use (“Terms”) govern your use of our website vivenciasmart.com, including any content, functionality, and services offered on or through the Site (collectively, the “Service”).
Please read these Terms carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Service.
1. Use of the Site
By using the Service, you represent and warrant that:
- You are at least 18 years of age.
- You have the legal capacity and agree to comply with these Terms.
- You will not use the Site for any illegal or unauthorized purpose.
- Your use of the Site will not violate any applicable law or regulation.
2. Account Registration
To access certain features of the Site, you may be required to register for an account. You agree to:
- Provide accurate, current, and complete information about yourself.
- Maintain and promptly update your account information as necessary.
- Keep your password confidential and restrict access to your account.
- Notify us immediately of any unauthorized use of your account or any other breach of security.
3. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include, but are not limited to:
- Engaging in any unauthorized framing of or linking to the Site.
- Attempting to impersonate another user or person or using the username of another user.
- Using any information obtained from the Site in order to harass, abuse, or harm another person.
- Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
4. Intellectual Property Rights
The content on the Site, including without limitation, the text, graphics, images, and software (collectively, the “Content”), is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws. You agree not to copy, modify, create derivative works of, publicly display, or distribute any Content from the Site without our prior written consent.
5. User-Generated Content
You may be permitted to submit comments, feedback, or other content to the Site (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, distribute, and display such content in connection with the Site and our business.
You agree not to submit any User Content that is illegal, defamatory, obscene, abusive, or otherwise objectionable. We reserve the right to remove or modify any User Content at our sole discretion.
6. Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by us. 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 we 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.
7. Disclaimers
The Site is provided on an “as-is” and “as-available” basis. We make no warranties, express or implied, regarding the operation of the Site or the information, content, materials, or products included on the Site. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
8. Limitation of Liability
In no event shall we or our directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless vivenciasmart.com its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.
10. Governing Law
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.
11. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Site and updating the “Last updated” date above. Your continued use of the Site after such changes will constitute your acknowledgment and acceptance of the modified Terms.
12. Contact Us
If you have any questions or concerns about these Terms, please contact us at contact@vivenciasmart.com.