Terms & Conditions
TERMS & CONDITIONS
ALL ORDERS ARE SUBJECT TO PRIOR SALE.
ALL DELIVERY TIMES WILL BE CONFIRMED BY Vibrant D's and Co..
We would like to extend the best terms and conditions to our customers. If you are dissatisfied with your purchase, please send an email to: info@vibrantdsandco.com within 3 days from receiving goods.
Please note: vibrantdsandco.com makes no representations or warranties, whether express or implied, as to the suitability and merchantability of offered merchandise.
1. YOUR ACCEPTANCE
BY USING OR VISITING THIS WEBSITE (together with all Content available through the vibrantdsandco.com domain name and other sites owned, operated or controlled by Vibrant D's and Co. the "Website"), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the "Terms & Conditions") These Terms & Conditions apply to all users of the Website. If you do not agree to these Terms & Conditions, the Privacy Policy, then please do not use the Website.
2. vibrantdsandco.com THE WEBSITE
These Terms of Service apply to all users of the vibrantdsandco.com Website, including users who are also contributors of photo and any image content, information, and other materials or services on the Website. vibrantdsandco.com Website may contain links to third party websites that are not owned or controlled by vibrantdsandco.com. vibrantdsandco.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, vibrantdsandco.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve vibrantdsandco.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the vibrantdsandco.com Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. WEBSITE ACCESS
A. vibrantdsandco.com hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without vibrantdsandco.com's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify vibrantdsandco.com immediately of any breach of security or unauthorized use of your account. Although vibrantdsandco.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of vibrantdsandco.com or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," , "Automated voting", etc., that accesses the Website in a manner that sends more request messages to the vibrantdsandco.com servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, vibrantdsandco.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. vibrantdsandco.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. All website products, contests and services are voided where prohibited by law.
4. INTELLECTUAL PROPERTY RIGHTS
vibrantdsandco.com does not claim ownership of Content you submit or make available for inclusion on the website. Legally, ownership of the submitted files is maintained by User at all times. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the website, you grant vibrantdsandco.com, Partners and Sponsors the following worldwide, royalty-free and non-exclusive license(s), as applicable:
USER SUBMISSIONS
The vibrantdsandco.com Website may now or in the future permit the submission of photos and image files or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, vibrantdsandco.com does not guarantee any confidentiality with respect to any submissions. You retain all rights to your work. By submitting your work here, you grant vibrantdsandco.com, Contest Sponsors and Partners the right to provide exposure to your photo when selected as winners or awarded by: put it on the web, and use it in the promotion of vibrantdsandco.com. All used images are credited to photographer and will not be used in a commercial manner. Any use of the images will be solely used in the context of promoting the contests submissions, Website, and Users at the website's discretion with no additional compensation owed to User. Contests may have additional terms of participation within the 'rules' section of the specific contest. The foregoing not withstanding, User shall at all times retain all copyright interest in any and all images submitted. You may also receive an invitation to participate in a vibrantdsandco.com show or publication. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize vibrantdsandco.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to vibrantdsandco.com, you hereby grant vibrantdsandco.com a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to display content to other users and visitors. With respect to Content you submit or make available for inclusion on publicly accessible areas of vibrantdsandco.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific vibrantdsandco.com file to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Fvibrantdsandco.com removes such Content from the Service. "Publicly accessible" areas of the Service are those areas of the vibrantdsandco.com are intended by vibrantdsandco.com to be available to the general public. By way of example, publicly accessible areas of the Service would include vibrantdsandco.com Message Boards and portions of vibrantdsandco.com Groups, Photos and sharing that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of vibrantdsandco.com that are limited to members, or areas off of vibrantdsandco.com of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by vibrantdsandco.com. C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant vibrantdsandco.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage vibrantdsandco.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. vibrantdsandco.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and vibrantdsandco.com expressly disclaims any and all liability in connection with User Submissions. vibrantdsandco.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and vibrantdsandco.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. vibrantdsandco.com reserves the right to remove Content, Close accounts and User Submissions without prior notice. vibrantdsandco.com will also terminate a User's access to its Website, if they are determined to be an infringer. vibrantdsandco.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. vibrantdsandco.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification 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; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) 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 (vi) 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. E. You understand that when using the vibrantdsandco.com Website, you will be exposed to User Submissions from a variety of sources, and that vibrantdsandco.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against vibrantdsandco.com with respect thereto, and agree to indemnify and hold vibrantdsandco.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. F. The Website may choose to provide resident or guest judging for specific contests, themes, challenges and other activities, the decisions of the Judges are final and binding on all matters relating to the selection of winners. The Finalists will be judged on the Judges' sole and unfettered discretion. Voting and People's Choice results, the submission with the most votes will be deemed the winner from among the Submissions. Submissions with the same total votes will be re-judged using the same criteria. All Submissions and votes will be retained until eligible winners are chosen for all prizes. Once a Submission or a User is deemed ineligible, however, the Submission will be discarded and not further considered.
5. THE CONTENT ON THE vibrantdsandco.com WEBSITE
Except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to vibrantdsandco.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. vibrantdsandco.com reserves all rights not expressly granted in and to the Website and the Copyright and all rights of Content belong to the User. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the vibrantdsandco.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the vibrantdsandco.com Website or the Content therein. You may not harvest or collect information, including screen names, about other members or users of the Services. The use of any information learned through the Services is limited to the express purposes set forth in these Terms of Use; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.
6. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE vibrantdsandco.com WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, vibrantdsandco.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. vibrantdsandco.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE vibrantdsandco.com WEBSITE. vibrantdsandco.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE vibrantdsandco.com WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND vibrantdsandco.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL vibrantdsandco.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE vibrantdsandco.com WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT vibrantdsandco.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by vibrantdsandco.com from its facilities in the United States of America. vibrantdsandco.com makes no representations that the vibrantdsandco.com Website is appropriate or available for use in other locations. Those who access or use the vibrantdsandco.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. INDEMNITY
You agree to defend, indemnify and hold harmless vibrantdsandco.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the vibrantdsandco.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the vibrantdsandco.com Website. 8.1 You agree to defend, indemnify and hold harmless vibrantdsandco.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: the vibrantdsandco.com Website or vibrantdsandco.com's third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property and/or documents, any and all User submissions. vibrantdsandco.com is a platform designed for storage and sharing of files, users are responsible to always maintain an original copy of any submitted file in case of a complete loss.
9. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the vibrantdsandco.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the vibrantdsandco.com Website; there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
10. ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by vibrantdsandco.com without restriction.
11. GENERAL
You agree that: (i) the vibrantdsandco.com Website shall be deemed solely based in California; and (ii) the vibrantdsandco.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over vibrantdsandco.com, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and vibrantdsandco.com that arises in whole or in part from the vibrantdsandco.com Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California. These Terms of Service, together with the Privacy Notice and any other legal notices published by vibrantdsandco.com on the Website, shall constitute the entire agreement between you and vibrantdsandco.com concerning the vibrantdsandco.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and vibrantdsandco.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. vibrantdsandco.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the vibrantdsandco.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND vibrantdsandco.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE vibrantdsandco.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. USER REWARDS AND PAYMENTS
You agree that:
VERIFICATION OF WINNERS AND DELIVERY OF PRIZES
The vibrantdsandco.com team, deemed as resident judges/curators or any other assigned team member can provide a preliminary list of finalists to any guest or exterior judge/curator or partner to select the grand winner and runners up of a specific contest. After judging and voting to select prize winners has finished, the potential prize winners will be notified in accordance with the contact information provided in their respective Submissions by mail, courier, email or other method chosen by the Website, Partners and the Sponsors in its discretion. Sponsor reserves the right to verify winners collectively or one or more at a time, as it deems appropriate and expedient in its discretion, and in whatever order it chooses. To be confirmed as a winner and to be awarded the prize, User will be required to confirm full legal rights and ownership of Submission.
Should a prize notification or prize addressed to a particular User be returned as undeliverable, Website, Partner and Sponsor will not resend the notice (whether by the same or another method), research the User's address nor make any further attempts at delivery. That User will be deemed.
In the case that winner's shipping address is located in a Country or area designated by Website, Sponsors and Partners as undeliverable, Website, Sponsors and Partners reserve the rights to provide a cash payment sent via paypal of equal value of announced prize instead of specific announced prize.
Winners will be announced after the Required Confirmation is received and the respective winners are confirmed. Website, Partner and Sponsor reserves the right to announce prize winners collectively, one at a time, or in any order or clusters as it deems appropriate in its discretion, except that the winner of the Judged or Most Votes Prize will be announced within thirty (30) days of the date on which the Required Confirmation are received from such winner. Winners will receive their prizes within thirty (30) days of Website, Partner and Sponsor announcement of the winners. The reward and Prize are subject to change at any time without notice in the sole discretion of Website, Partners and Sponsors.
RELEASES: By entering the Contest, each User releases and holds harmless Website, Partner and Sponsor, and any participating prize providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Promotion Entities"), against any and all claims, demands and liabilities arising out of or relating to the Contest, User's (and each individual member of User's) participation in the Contest and/or any Contest-related activity, including, without limitation, from winner's use or misuse of a prize or any portion thereof. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest and/or use/redemption of any prize.
INTERNET: User agrees to be bound by these Official Rules and the Privacy Policy. Website, Partner and Sponsor are not responsible for any typographical or other error in the submission, the printing of the offer, administration of the Contest or the announcement of the prizes. Website, Partner and Sponsor are not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive User information by Website, Partner and Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other similar causes or causes beyond the control of Website, Partner and Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, then, subject to any governmental approval which may be required, Website, Partner and Sponsor shall have the right to modify, suspend or terminate the Contest. If technical malfunctions or suspect voting irregularities corrupt the voting process, Website, Partner and Sponsor reserves the right, in its sole discretion, to award prizes based solely on the non-suspect votes. In the event of termination, a notice will be posted on vibrantdsandco.com and all eligible Submissions received prior to termination will be judged per these Official Rules. Any use of robotic, automatic, programmed or similar methods of participation/voting will void all such submissions/votes by such methods.
DISQUALIFICATION: Website, Partner and Sponsor RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS WITH OR IS SUSPECTED OF TAMPERING WITH AN ENTRY AND/OR THE JUDGING AND VOTING PROCESS, INCLUDING ANY PERSON ATTEMPTING TO SOLICIT, ENCOURAGE OR OBTAIN AUTOMATED VOTES. IN ADDITION TO THE RIGHTS RETAINED BY Website, Partner and Sponsor SET FORTH IN SECTION 11 ABOVE, SPONSOR FURTHER RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ALL VOTES FROM VOTERS THAT ARE DEEMED TO BE FRAUDULENT. CAUTION: ANY ATTEMPT BY AN USER TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING BUT NOT LIMITED TO, THE ENTRY SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, Website, Partner and Sponsor RESERVES THE RIGHT TO PROSECUTE AND/OR SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
Payments from vibrantdsandco.com to user will be done as a paypal transfer or store credit. User must own a legitimate paypal account or a valid vibrantdsandco.com account in order to receive payment.
13 PURCHASING A PRODUCT ON vibrantdsandco.com
Users can purchase products on the vibrantdsandco.com website using the PayPal system or a valid credit card. You have to be a vibrantdsandco.com member to purchase a product. The price you pay is final and not negotiable. Orders may not be canceled after it has been submitted. It is the customer's responsibility to ensure the product delivery address is correct. vibrantdsandco.com takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
vibrantdsandco.com MAY CANCEL ORDERS
We reserve the right to cancel an order in the event that products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We may also cancel an order if we believe that it is being made in infringement of this agreement, or in violation of the rights of any person or any law. We may cancel an order even if it has been confirmed and the customer's credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer's credit card or PayPal account for the amount in question.
14 DELIVERY AND DAMAGED GOODS
Ownership of packages turned over to USPS transfers to the buyer. We are not responsible for lost, held, or damaged packages. We are not responsible for mis-delivery errors via carrier, or incorrect shipping info. Shipping is a service you purchase from USPS along with your order from us, so any shipping issues must be handled by USPS. INSURANCE is available to add to any order, and is recommended for any order you can't afford to lose.
PROCESSING TIME IS 3 TO 5 BUSINESS DAYS REGARDLESS OF SHIPPING SERVICE FOR IN STOCK ITEMS, AND 6-12 WEEKS FOR BACK ORDERED OR PREORDER ITEMS, WE RESERVE THE RIGHT TO NOT SHIP ON FRIDAYS, SATURDAYS, SUNDAYS OR HOLIDAYS.
We are responsible for your new purchase until it reaches the Post Office. Insurance is to protect against loss or damage during shipping. If you choose not to buy insurance and your purchase is lost or damaged by USPS, we cannot provide a refund. All purchases are shipped by USPS and insured through USPS.
Please make sure your address is correct before placing order we will not be responsible for incorrect addresses. We are not responsible for package once it transfers to USPS, it is then their responsibility to deliver and handle concerns for shipping delays or lost packages. You will not be refunded for the purchase from us if the USPS loses the package unless you purchase additional insurance. If your package is returned you are responsible to contact us with the correct address to be shipped back to.
Please make sure all addresses are correct, we will not refund for wrong address on your part.
INTERNATIONAL ORDERS: WE ARE NOT RESPONSIBLE FOR ANY CUSTOMS FEES OR SHIPPERS FEES YOU WILL INCUR OR FOR DELAYS BECAUSE OF CUSTOMS. WE LIST ITEMS AS FABRICS AND WE CAN NOT CHANGE THE VALUE OF THE PRODUCT SHIPPED. WE HAVE NO WAY OF KNOWING IF YOU WILL INCUR A CUSTOMS FEE OR NOT. IF YOU DO WE ARE NOT RESPONSIBLE AND YOU WILL NOT BE REIMBURSED. YOU MUST READ THE POLICIES BEFORE ORDERING YOU WILL NOT BE REFUNDED OR REIMBURSED . WE CANNOT TRACK PACKAGES SHIPPED INTERNATIONALLY ONCE IT LEAVES THE USA, WE ARE NOT RESPONSIBLE FOR PACKAGES SHIPPED TO INTERNATIONAL ADDRESSES.
15 FLAW POLICY
WHEN YOU PLACE A MADE TO ORDER PRODUCT YOU ARE AGREEING TO PURCHASE AN ITEM THAT WE DO NOT HAVE ON HAND OR READY TO SHIP. THERE IS A WAITING PERIOD AND YOU AGREE TO THIS WAIT BY COMPLETING YOUR PURCHASE. REFUNDS WILL NOT BE ISSUED BASED ON WAIT TIMES WITHIN THE TURNAROUND TIME. WE WILL ALWAYS DO IT’S BEST TO GIVE YOU AN ACCURATE ESTIMATE OF WHEN FABRIC WILL ARRIVE AND WILL PROVIDE UPDATES ANY TIME THEY ARE AVAILABLE. AVERAGE TAT IS 2-4 WEEKS WITH A WAIT TIME OF UP TO 12 WEEKS. PLEASE JOIN THE FACEBOOK GROUP FOR MORE INFORMATION. RETAIL ITEMS IS ON HAND AND IS READY TO SHIP.
We do not issue refunds for products after use.. We can not control how you wash your care for your items. Please read our suggested washing routine in the files section of the Facebook Group.
If you receive a flawed itme please email us at info@vibrantdsandco.com or message an Admin on Facebook with your name on the order, Paypal email, the order number, measurements, and pictures of the flaw(s) within 5 days of receiving your order.
ALL ORDERS ARE SUBJECT TO PRIOR SALE.
ALL DELIVERY TIMES WILL BE CONFIRMED BY Vibrant D's and Co..
We would like to extend the best terms and conditions to our customers. If you are dissatisfied with your purchase, please send an email to: info@vibrantdsandco.com within 3 days from receiving goods.
Please note: vibrantdsandco.com makes no representations or warranties, whether express or implied, as to the suitability and merchantability of offered merchandise.
1. YOUR ACCEPTANCE
BY USING OR VISITING THIS WEBSITE (together with all Content available through the vibrantdsandco.com domain name and other sites owned, operated or controlled by Vibrant D's and Co. the "Website"), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the "Terms & Conditions") These Terms & Conditions apply to all users of the Website. If you do not agree to these Terms & Conditions, the Privacy Policy, then please do not use the Website.
2. vibrantdsandco.com THE WEBSITE
These Terms of Service apply to all users of the vibrantdsandco.com Website, including users who are also contributors of photo and any image content, information, and other materials or services on the Website. vibrantdsandco.com Website may contain links to third party websites that are not owned or controlled by vibrantdsandco.com. vibrantdsandco.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, vibrantdsandco.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve vibrantdsandco.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the vibrantdsandco.com Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. WEBSITE ACCESS
A. vibrantdsandco.com hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without vibrantdsandco.com's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify vibrantdsandco.com immediately of any breach of security or unauthorized use of your account. Although vibrantdsandco.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of vibrantdsandco.com or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," , "Automated voting", etc., that accesses the Website in a manner that sends more request messages to the vibrantdsandco.com servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, vibrantdsandco.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. vibrantdsandco.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. All website products, contests and services are voided where prohibited by law.
4. INTELLECTUAL PROPERTY RIGHTS
vibrantdsandco.com does not claim ownership of Content you submit or make available for inclusion on the website. Legally, ownership of the submitted files is maintained by User at all times. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the website, you grant vibrantdsandco.com, Partners and Sponsors the following worldwide, royalty-free and non-exclusive license(s), as applicable:
USER SUBMISSIONS
The vibrantdsandco.com Website may now or in the future permit the submission of photos and image files or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, vibrantdsandco.com does not guarantee any confidentiality with respect to any submissions. You retain all rights to your work. By submitting your work here, you grant vibrantdsandco.com, Contest Sponsors and Partners the right to provide exposure to your photo when selected as winners or awarded by: put it on the web, and use it in the promotion of vibrantdsandco.com. All used images are credited to photographer and will not be used in a commercial manner. Any use of the images will be solely used in the context of promoting the contests submissions, Website, and Users at the website's discretion with no additional compensation owed to User. Contests may have additional terms of participation within the 'rules' section of the specific contest. The foregoing not withstanding, User shall at all times retain all copyright interest in any and all images submitted. You may also receive an invitation to participate in a vibrantdsandco.com show or publication. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize vibrantdsandco.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to vibrantdsandco.com, you hereby grant vibrantdsandco.com a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to display content to other users and visitors. With respect to Content you submit or make available for inclusion on publicly accessible areas of vibrantdsandco.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific vibrantdsandco.com file to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Fvibrantdsandco.com removes such Content from the Service. "Publicly accessible" areas of the Service are those areas of the vibrantdsandco.com are intended by vibrantdsandco.com to be available to the general public. By way of example, publicly accessible areas of the Service would include vibrantdsandco.com Message Boards and portions of vibrantdsandco.com Groups, Photos and sharing that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of vibrantdsandco.com that are limited to members, or areas off of vibrantdsandco.com of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by vibrantdsandco.com. C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant vibrantdsandco.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage vibrantdsandco.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. vibrantdsandco.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and vibrantdsandco.com expressly disclaims any and all liability in connection with User Submissions. vibrantdsandco.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and vibrantdsandco.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. vibrantdsandco.com reserves the right to remove Content, Close accounts and User Submissions without prior notice. vibrantdsandco.com will also terminate a User's access to its Website, if they are determined to be an infringer. vibrantdsandco.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. vibrantdsandco.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification 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; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) 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 (vi) 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. E. You understand that when using the vibrantdsandco.com Website, you will be exposed to User Submissions from a variety of sources, and that vibrantdsandco.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against vibrantdsandco.com with respect thereto, and agree to indemnify and hold vibrantdsandco.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. F. The Website may choose to provide resident or guest judging for specific contests, themes, challenges and other activities, the decisions of the Judges are final and binding on all matters relating to the selection of winners. The Finalists will be judged on the Judges' sole and unfettered discretion. Voting and People's Choice results, the submission with the most votes will be deemed the winner from among the Submissions. Submissions with the same total votes will be re-judged using the same criteria. All Submissions and votes will be retained until eligible winners are chosen for all prizes. Once a Submission or a User is deemed ineligible, however, the Submission will be discarded and not further considered.
5. THE CONTENT ON THE vibrantdsandco.com WEBSITE
Except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to vibrantdsandco.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. vibrantdsandco.com reserves all rights not expressly granted in and to the Website and the Copyright and all rights of Content belong to the User. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the vibrantdsandco.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the vibrantdsandco.com Website or the Content therein. You may not harvest or collect information, including screen names, about other members or users of the Services. The use of any information learned through the Services is limited to the express purposes set forth in these Terms of Use; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.
6. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE vibrantdsandco.com WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, vibrantdsandco.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. vibrantdsandco.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE vibrantdsandco.com WEBSITE. vibrantdsandco.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE vibrantdsandco.com WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND vibrantdsandco.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL vibrantdsandco.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE vibrantdsandco.com WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT vibrantdsandco.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by vibrantdsandco.com from its facilities in the United States of America. vibrantdsandco.com makes no representations that the vibrantdsandco.com Website is appropriate or available for use in other locations. Those who access or use the vibrantdsandco.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. INDEMNITY
You agree to defend, indemnify and hold harmless vibrantdsandco.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the vibrantdsandco.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the vibrantdsandco.com Website. 8.1 You agree to defend, indemnify and hold harmless vibrantdsandco.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: the vibrantdsandco.com Website or vibrantdsandco.com's third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property and/or documents, any and all User submissions. vibrantdsandco.com is a platform designed for storage and sharing of files, users are responsible to always maintain an original copy of any submitted file in case of a complete loss.
9. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the vibrantdsandco.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the vibrantdsandco.com Website; there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
10. ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by vibrantdsandco.com without restriction.
11. GENERAL
You agree that: (i) the vibrantdsandco.com Website shall be deemed solely based in California; and (ii) the vibrantdsandco.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over vibrantdsandco.com, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and vibrantdsandco.com that arises in whole or in part from the vibrantdsandco.com Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California. These Terms of Service, together with the Privacy Notice and any other legal notices published by vibrantdsandco.com on the Website, shall constitute the entire agreement between you and vibrantdsandco.com concerning the vibrantdsandco.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and vibrantdsandco.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. vibrantdsandco.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the vibrantdsandco.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND vibrantdsandco.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE vibrantdsandco.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. USER REWARDS AND PAYMENTS
You agree that:
VERIFICATION OF WINNERS AND DELIVERY OF PRIZES
The vibrantdsandco.com team, deemed as resident judges/curators or any other assigned team member can provide a preliminary list of finalists to any guest or exterior judge/curator or partner to select the grand winner and runners up of a specific contest. After judging and voting to select prize winners has finished, the potential prize winners will be notified in accordance with the contact information provided in their respective Submissions by mail, courier, email or other method chosen by the Website, Partners and the Sponsors in its discretion. Sponsor reserves the right to verify winners collectively or one or more at a time, as it deems appropriate and expedient in its discretion, and in whatever order it chooses. To be confirmed as a winner and to be awarded the prize, User will be required to confirm full legal rights and ownership of Submission.
Should a prize notification or prize addressed to a particular User be returned as undeliverable, Website, Partner and Sponsor will not resend the notice (whether by the same or another method), research the User's address nor make any further attempts at delivery. That User will be deemed.
In the case that winner's shipping address is located in a Country or area designated by Website, Sponsors and Partners as undeliverable, Website, Sponsors and Partners reserve the rights to provide a cash payment sent via paypal of equal value of announced prize instead of specific announced prize.
Winners will be announced after the Required Confirmation is received and the respective winners are confirmed. Website, Partner and Sponsor reserves the right to announce prize winners collectively, one at a time, or in any order or clusters as it deems appropriate in its discretion, except that the winner of the Judged or Most Votes Prize will be announced within thirty (30) days of the date on which the Required Confirmation are received from such winner. Winners will receive their prizes within thirty (30) days of Website, Partner and Sponsor announcement of the winners. The reward and Prize are subject to change at any time without notice in the sole discretion of Website, Partners and Sponsors.
RELEASES: By entering the Contest, each User releases and holds harmless Website, Partner and Sponsor, and any participating prize providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Promotion Entities"), against any and all claims, demands and liabilities arising out of or relating to the Contest, User's (and each individual member of User's) participation in the Contest and/or any Contest-related activity, including, without limitation, from winner's use or misuse of a prize or any portion thereof. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest and/or use/redemption of any prize.
INTERNET: User agrees to be bound by these Official Rules and the Privacy Policy. Website, Partner and Sponsor are not responsible for any typographical or other error in the submission, the printing of the offer, administration of the Contest or the announcement of the prizes. Website, Partner and Sponsor are not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive User information by Website, Partner and Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other similar causes or causes beyond the control of Website, Partner and Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, then, subject to any governmental approval which may be required, Website, Partner and Sponsor shall have the right to modify, suspend or terminate the Contest. If technical malfunctions or suspect voting irregularities corrupt the voting process, Website, Partner and Sponsor reserves the right, in its sole discretion, to award prizes based solely on the non-suspect votes. In the event of termination, a notice will be posted on vibrantdsandco.com and all eligible Submissions received prior to termination will be judged per these Official Rules. Any use of robotic, automatic, programmed or similar methods of participation/voting will void all such submissions/votes by such methods.
DISQUALIFICATION: Website, Partner and Sponsor RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS WITH OR IS SUSPECTED OF TAMPERING WITH AN ENTRY AND/OR THE JUDGING AND VOTING PROCESS, INCLUDING ANY PERSON ATTEMPTING TO SOLICIT, ENCOURAGE OR OBTAIN AUTOMATED VOTES. IN ADDITION TO THE RIGHTS RETAINED BY Website, Partner and Sponsor SET FORTH IN SECTION 11 ABOVE, SPONSOR FURTHER RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ALL VOTES FROM VOTERS THAT ARE DEEMED TO BE FRAUDULENT. CAUTION: ANY ATTEMPT BY AN USER TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING BUT NOT LIMITED TO, THE ENTRY SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, Website, Partner and Sponsor RESERVES THE RIGHT TO PROSECUTE AND/OR SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
Payments from vibrantdsandco.com to user will be done as a paypal transfer or store credit. User must own a legitimate paypal account or a valid vibrantdsandco.com account in order to receive payment.
13 PURCHASING A PRODUCT ON vibrantdsandco.com
Users can purchase products on the vibrantdsandco.com website using the PayPal system or a valid credit card. You have to be a vibrantdsandco.com member to purchase a product. The price you pay is final and not negotiable. Orders may not be canceled after it has been submitted. It is the customer's responsibility to ensure the product delivery address is correct. vibrantdsandco.com takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
vibrantdsandco.com MAY CANCEL ORDERS
We reserve the right to cancel an order in the event that products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We may also cancel an order if we believe that it is being made in infringement of this agreement, or in violation of the rights of any person or any law. We may cancel an order even if it has been confirmed and the customer's credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer's credit card or PayPal account for the amount in question.
14 DELIVERY AND DAMAGED GOODS
Ownership of packages turned over to USPS transfers to the buyer. We are not responsible for lost, held, or damaged packages. We are not responsible for mis-delivery errors via carrier, or incorrect shipping info. Shipping is a service you purchase from USPS along with your order from us, so any shipping issues must be handled by USPS. INSURANCE is available to add to any order, and is recommended for any order you can't afford to lose.
PROCESSING TIME IS 3 TO 5 BUSINESS DAYS REGARDLESS OF SHIPPING SERVICE FOR IN STOCK ITEMS, AND 6-12 WEEKS FOR BACK ORDERED OR PREORDER ITEMS, WE RESERVE THE RIGHT TO NOT SHIP ON FRIDAYS, SATURDAYS, SUNDAYS OR HOLIDAYS.
We are responsible for your new purchase until it reaches the Post Office. Insurance is to protect against loss or damage during shipping. If you choose not to buy insurance and your purchase is lost or damaged by USPS, we cannot provide a refund. All purchases are shipped by USPS and insured through USPS.
Please make sure your address is correct before placing order we will not be responsible for incorrect addresses. We are not responsible for package once it transfers to USPS, it is then their responsibility to deliver and handle concerns for shipping delays or lost packages. You will not be refunded for the purchase from us if the USPS loses the package unless you purchase additional insurance. If your package is returned you are responsible to contact us with the correct address to be shipped back to.
Please make sure all addresses are correct, we will not refund for wrong address on your part.
INTERNATIONAL ORDERS: WE ARE NOT RESPONSIBLE FOR ANY CUSTOMS FEES OR SHIPPERS FEES YOU WILL INCUR OR FOR DELAYS BECAUSE OF CUSTOMS. WE LIST ITEMS AS FABRICS AND WE CAN NOT CHANGE THE VALUE OF THE PRODUCT SHIPPED. WE HAVE NO WAY OF KNOWING IF YOU WILL INCUR A CUSTOMS FEE OR NOT. IF YOU DO WE ARE NOT RESPONSIBLE AND YOU WILL NOT BE REIMBURSED. YOU MUST READ THE POLICIES BEFORE ORDERING YOU WILL NOT BE REFUNDED OR REIMBURSED . WE CANNOT TRACK PACKAGES SHIPPED INTERNATIONALLY ONCE IT LEAVES THE USA, WE ARE NOT RESPONSIBLE FOR PACKAGES SHIPPED TO INTERNATIONAL ADDRESSES.
15 FLAW POLICY
WHEN YOU PLACE A MADE TO ORDER PRODUCT YOU ARE AGREEING TO PURCHASE AN ITEM THAT WE DO NOT HAVE ON HAND OR READY TO SHIP. THERE IS A WAITING PERIOD AND YOU AGREE TO THIS WAIT BY COMPLETING YOUR PURCHASE. REFUNDS WILL NOT BE ISSUED BASED ON WAIT TIMES WITHIN THE TURNAROUND TIME. WE WILL ALWAYS DO IT’S BEST TO GIVE YOU AN ACCURATE ESTIMATE OF WHEN FABRIC WILL ARRIVE AND WILL PROVIDE UPDATES ANY TIME THEY ARE AVAILABLE. AVERAGE TAT IS 2-4 WEEKS WITH A WAIT TIME OF UP TO 12 WEEKS. PLEASE JOIN THE FACEBOOK GROUP FOR MORE INFORMATION. RETAIL ITEMS IS ON HAND AND IS READY TO SHIP.
We do not issue refunds for products after use.. We can not control how you wash your care for your items. Please read our suggested washing routine in the files section of the Facebook Group.
If you receive a flawed itme please email us at info@vibrantdsandco.com or message an Admin on Facebook with your name on the order, Paypal email, the order number, measurements, and pictures of the flaw(s) within 5 days of receiving your order.