Introduction and Acceptance of Terms
By accessing or using the Viva Cioux website, you agree to comply with and be bound by these terms and conditions. These Terms govern your access to and use of the Website, including any content, functionality, and services offered herein. If you do not agree to these Terms, you may not access or use the Website.
Your use of the Website constitutes your acceptance of these Terms and your agreement to be bound by them. These Terms may be updated or modified from time to time without prior notice, and it is your responsibility to review them periodically. Continued use of the Website after any such changes constitutes acceptance of the updated Terms.
The Website is intended for users who are at least 18 years old. By accessing or using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
User Account and Registration Obligations
In order to access certain features of the Website, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device.
You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
By registering for an account, you consent to receive electronic communications from us related to your account and use of the Website. These communications may include notices about your account, transactional information, and promotional messages. You may opt out of receiving promotional messages at any time by following the instructions provided in the message or by contacting us directly.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Viva Cioux, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are permitted to use the Website for your personal, non-commercial use only. You may not copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website without our prior written consent.
You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). You further agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
User Content and Conduct
You acknowledge and agree that any content you upload, post, transmit, or otherwise make available on or through the Website ("User Content") is your sole responsibility. You retain ownership of any intellectual property rights that you hold in the User Content. However, by uploading, posting, transmitting, or otherwise making User Content available on the Website, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any form, media, or technology, whether now known or hereafter developed.
You agree not to upload, post, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You further agree not to upload, post, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
We reserve the right to remove or refuse to post any User Content for any reason in our sole discretion. We may also disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Website, to protect our rights or property and the rights or property of our users and partners, and to comply with legal obligations or governmental requests.
Limitation of Liability
In no event shall Viva Cioux, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with your use of the Website or any content or services accessed through the Website, 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.
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Viva Cioux, its affiliates, licensors, service providers, employees, agents, officers, or directors, whether arising in contract, tort, or otherwise, exceed the amount paid by you, if any, for accessing or using the Website during the twelve (12) months preceding the event giving rise to the liability.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Viva Cioux, its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of the Website, your violation of these Terms, or your violation of any rights of any third party.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
This indemnification provision shall survive any termination of these Terms or your use of the Website.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the [jurisdiction], without regard to its conflict of law principles. You agree that any action or proceeding arising out of or in connection with these Terms or your use of the Website shall be brought exclusively in the state or federal courts located and you irrevocably submit to the personal jurisdiction of such courts and waive any objection to venue in such courts.
If any provision of these Terms is held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and us regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.