TERMS OF SERVICE
By visiting our Website and/or purchasing something from us through the Website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users and visitors of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. These Terms of Service represent a binding contract between us and you. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
FOR U.S. RESIDENTS ONLY: PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH MAY, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our Merchandise for any illegal or unauthorized purpose nor may you, in the use of the Services or access to the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any code of any nature.
A breach or violation of any of these Terms of Service will result in an immediate termination of your Services and access to the Website.
- GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or Website or any contact on the Website through which the Service is provided, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
- ACCOUNT CREATION AND PASSWORDS
You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. You agree to keep your password strictly confidential and will not share it with any third party.
- MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Merchandise are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) or Website without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or Website.
- MERCHANDISE OR SERVICE (if applicable)
Certain Merchandise or services may be available exclusively online through the Website. The Merchandise or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our Merchandise that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Merchandise or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Merchandise or services that we offer. All descriptions of Merchandise or Merchandise pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Merchandise at any time. Any offer for any Merchandise or service made on this Website is void where prohibited.
WE DO NOT WARRANT THAT THE QUALITY OF ANY MERCHANDISE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- THIRD-PARTY LINKS
Certain content, Merchandise, and services available via our Service and Website may include materials from third-parties.
Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, approval, or other obligations to you, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. By submitting a Comment, you grant us an exclusive, royalty-free license to use, share, or distribute the Comment without any additional permission from you or compensation to you.
We may, but have no obligation to, monitor, edit or remove content (e.g., product reviews) that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
- PERSONAL INFORMATION
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Merchandise descriptions, pricing, promotions, offers, Merchandise shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Website, should be taken to indicate that all information in the Service or on the Website has been modified or updated.
- PROHIBITED USERS
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services and the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or the Website, or other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the Website, or other websites, or the Internet. We reserve the right to terminate your use of the Service or the Website for violating any of the prohibited uses.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE OR WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE OR WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE AND WEBSITE IS AT YOUR SOLE RISK. THE SERVICE, WEBSITE, AND ALL MERCHANDISE AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE AND WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL VHNY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE, WEBSITE, OR ANY MERCHANDISE OR SERVICE PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, WEBSITE, OR ANY MERCHANDISE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR WEBSITE, OR ANY CONTENT (OR MERCHANDISE) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE OR WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR WEBSITE, MERCHANDISE SOLD THROUGH THE WEBSITE, OR OTHERWISE UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO COMPANY FOR PRODUCTS IN THE 1 MONTH PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. EACH PROVISION OF THESE TERMS OF SERVICE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF SERVICE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend and hold harmless VHNY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- CONSENT TO COMMUNICATIONS AND MONITORING/RECORDING OF VOICE CALLS AND TEXT MESSAGES MADE THROUGH THE SERVICE
By providing us with your contact information and using the Service, when related to providing the Service, you expressly consent (provided that under applicable law you are required to provide such consent in a specific form, you may be asked to provide explicit consent separately) to receive recurring automated promotional, personalized marketing, and informational communications, including via e-mail, phone calls, and text (e.g., SMS and MMS) messages. This includes text messages that may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate, and push notifications from or on behalf of VHNY using the Services at the email address or telephone number you provided. Consent to receive automated marketing text messages is not a condition of any purchase. These calls and messages may be for informational purposes, such as to provide you with the information or consultation you requested. These calls and communications are limited only to the purpose for which you provided your contact information. There is no fee charged by VHNY to receive messages, however standard message and data rates from your mobile service may apply. You may unsubscribe from messages at any time by following these instructions:
IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF. IF YOU WISH TO OPT OUT OF SMS AND MMS TEXTS FROM US, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand and agree that you may continue to receive communications while we process your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.
- NOTIFICATIONS AND AUTOMATIC ALERTS
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services or Website (or any part thereof).
- Terms of Sale. Please read our Terms of Sale carefully for information relating to our collection, use, storage and disclosure of your information provided when purchasing Merchandise, returns and exchanges, and other information regarding our sale and delivery of Merchandise to you. The Terms of Sale are incorporated by this reference into, and made a part of, these Terms of Service, and you explicitly consent to the terms as set forth in the Terms of Sale. These Terms of Service shall also govern all Orders made on the Website but in the event of any conflict between these Terms of Service and the Terms of Sale, the provisions of the Terms of Sale shall govern with respect to the specific conflict.
- Additional Terms. Your use of the Service and access to the Website is subject to all additional terms, policies, rules, or guidelines applicable to the Service and Website or certain features of the Services that we may post on or link to from the Website (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms of Service.
- NO LICENSE
Nothing contained in the Service or on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
- FORCE MAJEURE
To the fullest extent permitted under applicable law, we will be excused from performance under these Terms of Service for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms of Service, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to our information technology systems by third parties; (g) pandemic; or (h) other causes beyond the reasonable control of us.
You may not use the Service or access the Website if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Service or accessing the Website. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
- CONSUMER PROTECTION NOTICE FOR U.S. RESIDENTS
Please note that, if you are a consumer, the limitations in these Terms of Service are intended to be only as broad and inclusive as is permitted by the laws of your state of residence.
California. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Service and access to the Website.
In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us in writing at: 345 East, 50th Street, 3E, New York, NY, 10022.
No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- GOVERNING LAW AND DISPUTES
These Terms of Service are governed by the laws of Bulgaria, or other applicable laws in case such laws prevail Bulgarian laws.
You agree that any dispute between you and VHNY regarding these Terms will only be dealt with by the Bulgarian courts, provided that:
- if you live in a destination of the European Union, you can choose to bring legal proceedings either in your country.
The European Commission offers a platform for online dispute resolution (ODR) which provides information about alternative dispute resolution which may be of interest. Please refer to http://ec.europa.eu/consumers/odr/.
- If you are an U.S. resident and the U.S. law/jurisdiction prevails you may be subject to the dispute resolution and agreement to arbitrate as follows herein below.
Except where and to the extent prohibited by law, by using the Service and access the Website, you agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Service or Website or the breach, enforcement, interpretation, or validity of these Terms of Service or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.
Both you and VHNY agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS IN BULGARIA. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to VHNY (www.vhny.us) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including any claim that all or any part of these Terms of Service are void or voidable.
- CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at email@example.com.