Terms & Conditions

VIVID CANDI, INC.
Website Terms and Conditions of Use

These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and Vivid Candi, Inc. (hereinafter referred to as “Vivid Candi”), the owner and developer of the www.VividCandi.com website and all related social media accounts (collectively, “www.VividCandi.com”). By registering for any service provided on www.VividCandi.com you become a client (“Client”) and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY WWW.VIVIDCANDI.COM SERVICE. The Terms are subject to change at any time, effective upon notice to you.

YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO [www.vividcandi.com/terms-conditions]. www.VividCandi.com RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.

1. Limitations of Liability and Indemnification. By using any services provided by www.VividCandi.com, you agree that in no event will www.VividCandi.com, Vivid Candi, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by www.VividCandi.com or Vivid Candi shall be a return of any fees paid to www.VividCandi.com or Vivid Candi for any services provided under this Agreement. You indemnify and agree to defend and hold harmless www.VividCandi.com, Vivid Candi, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of www.VividCandi.com, as well as services provided by Vivid Candi, including any breach by you of the Terms contained in this Agreement.

2. Responsibility for Use of Website and service providers. You understand and agree that you are solely responsible for your actions and decisions to engage with third parties who you meet online or offline by virtue of the services provided on www.VividCandi.com and Vivid Candi. You understand that www.VividCandi.com and Vivid Candi do not perform psychological testing or background checks on the individuals who may use Vivid Candi or www.VividCandi.com services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by www.VividCandi.com, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and reviewing public, commercial information provided on the world wide web and elsewhere.

3. Do Not Rely on www.VividCandi.com. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from www.VividCandi.com or Vivid Candi. www.VividCandi.com and Vivid Candi do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.

4. Offensive Information. It is possible that other www.VividCandi.com or Vivid Candi clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of www.VividCandi.com, have access to personal information about you. www.VividCandi.com, Vivid Candi, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you.

5. Right to Monitor. www.VividCandi.com and Vivid Candi reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.

6. Confidentiality. It is agreed that all personal information given to www.VividCandi.com or Vivid Candi, will be kept confidential by www.VividCandi.com and Vivid Candi, unless authorized by you to provide such information to a third party.

7. Ownership, Copyrights, Trademarks, Licenses. www.VividCandi.com and Vivid Candi own and retain all proprietary rights to the www.VividCandi.com service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of www.VividCandi.com and Vivid Candi. By posting information to www.VividCandi.com and Vivid Candi you represent that you have the right to grant permission for use by www.VividCandi.com and Vivid Candi.

8. No Warranties. www.VividCandi.com and Vivid Candi provide the www.VividCandi.com services on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, www.VividCandi.com and Vivid Candi do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.

9. Jurisdiction; Arbitration; Litigation. This Agreement or any dispute arising from this Agreement is governed by the laws of California. Although you expressly agree to arbitration by the American Arbitration Association, any lawsuit arising from or related to this Agreement shall be brought in Superior Court of Los Angeles County.

10. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.

11. Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on www.VividCandi.com will be truthful. In accessing and using www.VividCandi.com, you understand and agree that basic information concerning you, given to www.VividCandi.com, will be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.

12. Entire Agreement. This Agreement constitutes your entire Agreement with www.VividCandi.com and Vivid Candi with respect to any services.

13. Waiver. The failure of Website or Vivid Candi to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Vivid Candi must be in writing and signed by an authorized representative of the Vivid Candi.