Terms of Use

Updated: Aug.2.2023

BY ACCESSING THIS WEBSITE ("SITE"), YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ("TERMS") STATED HEREIN. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THIS SITE.

This Site is made available by Vividmoo Inc("Vividmoo®"), and all references herein to "we" or "us" refer to Vividmoo®. All references to "you" or "user" refer to any site user.

In our sole discretion, we reserve the right to change, modify, add, or delete portions of these Terms or any aspect of the Site without further notice. We will post changes to these Terms on this web page and indicate at the top of this page the date Last updated these Terms. Your continued site use after any such changes post indicates that you accept the new Terms. Last updated these Terms.

IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, DO NOT USE OR ACCESS THE SITE. I'D LIKE YOU TO REGULARLY CHECK THE SITE TO DETERMINE IF CHANGES THESE TERMS AND REVIEW SUCH CHANGES.

1. License grant; restrictions
Vividmoo® provides you a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with these Terms. Notwithstanding the preceding license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any article or other content on this Site. Without limiting the preceding, you may print and download information from this Site solely for your personal use, provided that all hard copies contain all copyright and other such notices in such report. You expressly acknowledge and agree that Vividmoo® transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else.

You may not:

i. Use any "deep link," "page-scrape," "robot," "spider," or another automatic device, program, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;

ii. Attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or any Vividmoo® server by hacking, password "mining," or any other illegitimate means;

iii. Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;

iv. Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site;

v. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Vividmoo®'s systems or networks or any systems or networks connected to the Site;

vi. Use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site or with any other person's use of the Site;

vii. Forge headers, impersonate a person, or otherwise manipulate identifiers to disguise your identity or the origin of any message or transmittal you send to or through the Site;

viii. Use the Site in a manner that could damage, disparage, or otherwise negatively impact Vividmoo® or any contributor to or other site user.

2. User obligations

This Site is intended for children, especially those under thirteen (13). By accessing or using this Site, you represent and warrant that you are at least eighteen (18) years of age or older or that you have the express permission of a parent or legal guardian to access or use this Site, and your parent or legal guardian agrees to be bound by these Terms on your behalf. You agree to use the Internet; access to this Site is solely at your own risk. While we have tried to create a secure and reliable Site, you should know that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other forms of the global communication network cannot be guaranteed. So then, we are not responsible for the security of any information sent to or from this Site.
server, by hacking, password "mining," or any other illegitimate means;

iii. Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;

iv. Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site;

v. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Vividmoo®'s systems or networks or any systems or networks connected to the Site;

vi. Use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site or with any other person's use of the Site;

vii. Forge headers, impersonate a person, or otherwise manipulate identifiers to disguise your identity or the origin of any message or transmittal you send to or through the Site;

viii. Use the Site in a manner that could damage, disparage, or otherwise negatively impact Vividmoo® or any contributor to or other site user.

3. Proprietary rights

All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information, articles, and documentation, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Vividmoo® and its successors and assigns and are protected by law, including but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other states, national, and international laws, and regulations. Except as expressly provided herein, Vividmoo® does not grant any express or implied right to you or any other person under any intellectual property or proprietary rights laws or other laws, regulations, and statutes. Vividmoo® enforces its intellectual property rights to the fullest extent of the law. This Site is Copyright © 2015 Vividmoo Inc. All rights reserved. Vividmoo® owns a copyright in the Site's content and the selection, coordination, arrangement, and enhancement of the Site's content. Any downloadable or printable programs, information, articles, or materials available through the Site and all copyrights, trade secrets, and know-how related to it, unless otherwise indicated, are owned by Vividmoo® and its licensors. All trademarks, logos, service marks, and trade names (collectively, "Trademarks") displayed on this Site or the content available are registered and unregistered Trademarks of Vividmoo® or their respective owners. Vividmoo® logo and all other names, logos, and icons identifying Vividmoo® and its programs, products, and services are proprietary trademarks of Vividmoo®, and any use of such marks without the express written permission of Vividmoo® is strictly prohibited.

4. User-submitted content (including blogs and forums)

This Site provides tools to interact with other site users by posting or viewing comments or opinions ("Consumer Reviews"). This section describes the terms and conditions that apply to any content ("Contributions") you submit to this Site.

Contributions

All comments or opinions expressed using the Consumer Reviews feature are those of their respective contributors and do not necessarily represent the views of Vividmoo®, its management, or employees. Vividmoo® is not responsible and expressly disclaims all liability for the content of any Contribution submitted by contributors to the Site. Without limiting the preceding, Vividmoo® will not be held liable for Contributions that may infringe on a third party's copyright, trademark, or other intellectual property right.

The nature of some Contributions may be offensive, harmful, or inaccurate, and in some cases, may be mislabeled or deceptively labeled. You agree that you are fully responsible for any Contribution you submit to the Consumer Reviews feature. Without limiting the preceding, Vividmoo® reserves the right but is not obligated to monitor all submissions and exercise editorial control over all such suggestions, including the right to take down or remove any Contributions without limitation. Vividmoo® is not responsible for failing to monitor, review, or delete any Contributions submitted to the Site.

A non-confidential basis was deemed to be providing all contributions on a non-confidential basis. If you make a Contribution, you understand and agree that we may publish your Contribution in its entirety, as an edited version, or not at all, in our sole discretion. We may remove, change, or otherwise edit Contributions that we deem inappropriate at our sole discretion. I want you to know that you bear all privacy and other risks associated with contributing to this Site. So then, you should avoid posting personal information such as your home address or telephone number.

When you submit a Consumer Review, you may have the option to remain anonymous or include your username or real name in your posting. Unless you choose to have your submission remain anonymous, you understand and agree that your username or full name may be posted along with your comment. To that extent, you have a different degree of privacy or confidentiality than you may receive in other site areas.

Rules of Conduct

It will help if you follow the rules of conduct at all times while using the Consumer Reviews feature of the Site.  Vividmoo may impose limits on specific aspects of the Consumer Reviews feature without notice or penalty, in our sole discretion, and for any reason, including without limitation, if we believe you are in breach of these rules of conduct, the Terms of this Site, or any applicable law.

1. Contributions submitted by you must not contain content that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, violative of any third party's privacy rights, violates any applicable law, and contains personal information of third parties such as telephone numbers, mail, or email addresses.

2. Vulgar language and inappropriate material are prohibited. Abbreviations, self-censoring, and attempts to circumvent the censoring features of our software violate these rules of conduct. If your Contribution contains a word censored by the software, you must remove the word or the post.

3. The material you post must be original material in which you own the copyright or have the legal right or license to reproduce, adapt, display, and distribute the material to others. Do not post photos, video, software, comments, or other content that is violative of the intellectual property rights of others (including, without limitation, copyright, trade secrets, and trademark rights) or violative of any federal, state, local, or international laws or regulations, all of which expressly prohibited.

4. You must not post content that degrades others based on gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification. Vividmoo® will not tolerate language intended to intimidate or incite violence.

5. Do not engage in disruptive activity, including persistent off-topic Contributions, comments, or statements designed to incite other users to violate these terms and these rules of conduct.

6. Do not post any instructions, software, or other materials that would harm other users' computers or allow other users to break third parties, including without limitation by uploading viruses, worms, Trojan horses, or other malicious, illegal, or unlawful code which design to interrupt, destroy, or limit the functionality of any software or hardware.

7. All Contributions must be written in English so that they can be appropriately monitored by Vividmoo® and received by others.

8. If your Contribution includes a link to an outside website, you must ensure the link's content is appropriate for the Site. This rule applies to mentioning or referencing a website, even if the mention is not a hyperlink from your post. If you post a link or reference an inappropriate website, you must remove it immediately. Wrong links or websites include, without limitation, links and websites that lead to earning cash, banner impressions, credits, points, and other incentives.

9. Unless expressly agreed to in writing by Vividmoo®, you may not use the Consumer Reviews feature for any commercial purpose. Vividmoo® prohibits any actions from soliciting funds, promoting commercial entities or websites, or otherwise engaging in commercial activity through the Consumer Reviews feature.

Ownership
Vividmoo® does not claim ownership of any Contribution submitted by you or any other user. By submitting a Contribution, you grant to Vividmoo® a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Contribution and derivative works. In addition, by submitting a Contribution using the Consumer Reviews feature, you grant to Vividmoo® a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to make, have made, use, offer to sell, export, and otherwise transfer or sublicense such Contributions. You also permit Vividmoo® to use your Contribution for commercial and noncommercial uses.

Disclaimers

In addition to, and without limiting, any other disclaimers stated in these Terms or elsewhere on the Site, Vividmoo® makes no representations or warranties about any material posted on or made available through the Consumer Reviews feature, including without limitation warranties as to the quality, accuracy, completeness, or fitness for any particular purpose of such material. You are responsible for determining and confirming all user-submitted content's availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability, and timeliness. Including any user-submitted content on this Site does not imply the endorsement or sponsorship of Vividmoo®. You are solely responsible for any consequences of any activities, transactions, and relationships that you may conduct or form with other Site users.

5. Links to other sites
In our sole discretion, we may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites are not necessarily reviewed and maintained by third parties over which Vividmoo® exercises no control. Accordingly, Vividmoo® expressly disclaims any responsibility for the content, materials, or accuracy of the information and quality of the products or services provided by, available through, or advertised on these third-party websites. These Terms and our online Privacy Policy do not apply to your interactions with third-party websites.

6. Privacy of user information
Please review our online Privacy Policy, incorporated herein by reference, for information about our collection and use practices concerning the information we collect about you when you use the Site.

7. Limitation on liability and disclaimer of warranties
By using this Site, you agree that Vividmoo® and its owner(s), parent, subsidiaries, affiliates, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use Site, any failure or delay by Vividmoo® in connection with Site, or the performance or nonperformance of the Site's features, even if Vividmoo® has advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your personal information.

Vividmoo® makes no warranty regarding the Site, provided on an "as is" and "as available" basis. Vividmoo® expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or trade usage. Vividmoo® is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact, or law, relative to the Site, including without limitation that the Site will be error-free, or as to the accuracy, completeness, and timeliness of any content or information distributed concerning the Site.

SOME STATES DO NOT ALLOW LIABILITY LIMITATION AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

8. Indemnity
You agree to defend, indemnify, and hold harmless Vividmoo® and its affiliates and all of their employees, agents, directors, officers, shareholders, attorneys, successors and assigns from and against any claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of these Terms.

This provision is not enforceable in New Jersey.


9. Governing law
The laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, will govern these Terms. Any action to enforce these Terms will be in federal or state courts presiding in the County of Middlesex, Massachusetts, United States of America, and all parties to these Terms expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Vividmoo® from its offices in Needham, Massachusetts. Vividmoo® makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of this Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable laws.

10. Entire Agreement
These Terms make up the entire agreement between Vividmoo® and you relating to the Site and replace any prior understandings or agreements (whether oral or written) regarding the Site. If any of these Terms become invalid or unenforceable, the remaining terms shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11. Credit card policy
Your telephone or online order is an offer to buy from Vividmoo®. Vividmoo® reserves the right not to accept an order at its sole discretion.

Once you have submitted an order, you will receive an automatic email confirming the details of your order (name, address, product ordered, price, etc.). Such email confirms that Vividmoo has received the order and does not constitute acceptance of your order.

Vividmoo® reserves the right at any time after receipt of your order to accept or decline your order for any reason, regardless of whether your order is confirmed or your credit card is chargeable.

Even though we try to accept all orders, sometimes this might be challenging. If your order is declined or canceled by us after your credit card has been charged for the purchase, we will promptly issue a credit to your credit card.

Payment for the goods you order is payable by all major credit cards, PayPal, gift prepaid cards, and prepaid credit cards.

The billing address you use when placing your order must match what the respective credit card company has on file. If not, your order will not be processed due to the safety and security measures we have in place for our credit card transaction processing.

All dollar amounts shown on Vividmoo.com are in U.S. dollars.


12. Risk of loss
All products purchased through the Site are made according to a shipment contract. The risk of loss and title for such titles passes to you upon Vividmoo®'s delivery of the products to the carrier.


If you have any other questions or comments, please contact customer service at support@vividmoo.com.

13. Recipe Use
You must take reasonable precautions, and Vividmoo® is not responsible if you do not. Vividmoo® provides this Site as a free-to-use social site for users to share recipes and cooking tips. Unless expressly stated, recipes, cooking tips, and any other information or advice on this Site have not been provided or tested by Vividmoo®. While we take reasonable steps to remove any faulty advice or recipes, you are responsible for ensuring that you take standard precautions and use your judgment concerning recipes and cooking tips on this Site. Includes making sure that ingredients are safe for you and anyone to whom you will serve them, making sure that components are correctly cooked through as necessary for food safety, making sure that you use all electrical appliances under their operating instructions, and taking standard kitchen precautions such as not leaving electrical appliances unattended while in operation and not allowing children or animals to come into contact with hot or heavy items. Vividmoo® is not responsible for any damage you or anyone else suffers due to failing to take these sensible precautions and use your judgment. Vividmoo® also does not guarantee that any recipe will achieve the desired outcome or that any nutritional advice the site user may offer is correct.

Vividmoo® does not exclude or limit its liability for any liabilities that cannot be legally excluded.