PLEASE READ THE FOLLOWING TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this
site agree that access to and use of this site are subject to the following
terms and conditions and other applicable law. If you do not agree to these
terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Vivid Products. The
collective work includes works that are licensed to Vivid Products.
Copyright 2003, Vivid Products ALL RIGHTS RESERVED. Permission is granted
to electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Vivid Products or purchasing
Vivid Products products. You may display and, subject to any expressly
stated restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site solely for
your own non-commercial use, or to place an order with Vivid Products or
to purchase Vivid Products products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by
Vivid Products. You further agree not to change or delete any proprietary
notices from materials downloaded from the site.
Currently authorized Vivid Products wholesale
customers are given provisional rights to use any and/or all product
photographs and images found at VividProductsOnline.com. However, under NO
conditions may photos and/or VividProductsOnline.com images be used except for
the express purpose of promoting said merchandise for resale to customers.
Product images may not, under any circumstances, be placed on personal websites
and/or used outside internet-based sales (unless with prior written consent
from Vivid Products).
Product Content License
Currently authorized Vivid Products wholesale customers are given provisional to
use any and/or all product descriptions and related fields found at VividProductsOnline.com.
Said information may only be used to promote said merchandise for resale and
wholesale purchase from Vivid Products. Product descriptions and related fields
may not, under any circumstances, be placed on personal websites and/or used
outside the wholesale purchasing relationship between Vivid Products and its wholesale
customers (unless with prior
written consent from Vivid Products).
All trademarks, service marks and trade names of Vivid Products used in
the site are trademarks or registered trademarks of Vivid Products
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Vivid Products
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Vivid Products does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Vivid Products
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
Limitation of Liability
Vivid Products shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if Vivid Products has
been advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
In the event that a Vivid Products product is mistakenly listed at an
incorrect price, Vivid Products reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Vivid Products
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled,
Vivid Products shall issue a credit to your credit card account in the
amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Vivid Products
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Vivid Products may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Vivid Products.
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without
regard to choice of law provisions, and not by the 1980 U.N. Convention on
contracts for the international sale of goods. You agree that jurisdiction over
and venue in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of
Vivid Products products) shall be in the state or federal courts located
in Los Angeles County, California. Any cause of action or claim you may have
with respect to the site (including but not limited to the purchase of
Vivid Products products) must be commenced within one (1) year after the
claim or cause of action arises. Vivid Products's failure to insist upon
or enforce strict performance of any provision of these terms and conditions
shall not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to modify
any of these terms and conditions. Vivid Products may assign its rights
and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Vivid Products or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Vivid Products does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Vivid Products is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However,
Vivid Products reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to Vivid Products in its sole discretion.
You agree to indemnify, defend, and hold harmless Vivid Products, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
In an attempt to provide increased value to our visitors, Vivid Products
may link to sites operated by third parties. However, even if the third party
is affiliated with Vivid Products, Vivid Products has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of Vivid Products. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
Vivid Products seeks to protect the integrity of its web site and the
links placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link does not
Vivid Products explicitly provides its wholesale
and on-line customers access to this web-site to purchase it’s offerings online.
These online access include wholesale merchandise distribution for original
sale, information resources in regards to the products it sells. Our access and
service is designed to serve the needs of our customers .... in making an
online purchase. Vivid Products reserves the right to change prices and/or
cancel orders at any time.
Vivid Products does not accept the following payment methods (for on-line
ordering): Western Union, Escrow Services,
American Express. PayPal, Visa, MasterCard and Discover are acceptable payment methods for on-line transactions Vivid Products. For payments made via
credit card, Vivid Products charges its customers immediately once an order is placed.
Effective 01/01/2012, all orders cancellation requests made after 2 business
days from the date and time order was placed will
incur a 2% cancellation fee (based on order total). Exceptions to this policy
include cancellation requests related to unexpected shipping delays. If an
order does not ship within the originally specified time frame (i.e. 3-5
business days, or later if otherwise specified), no cancellation fee will
Vivid Products promptly refunds all cancelled order transactions within 2
business days of the original wholesale or on-line customer cancellation
request date. Please note that back-order refunds more than thirty (30) days
old based on original order date are refunded via Vivid Products company check (and
delivered via USPS first class postal mail).
Reseller Tax Identification
Vivid Products requires each wholesale customer to furnish either a Federal
Employer Identification Number (EIN), commonly known as a "Federal Tax
ID", or the Social Security Number of a principle owner within their
respective organization. In certain cases, Vivid Products may seek additional
tax permit information, such as Resale Certificates for Reseller customers
based in California.
In all cases a copy of the legitimate information is required.