1. Description of Service
The Vibrant Creative through its web site TheVibrantCreative.com provides creative materials. The products displayed on the site can be ordered and delivered to you via delivery service (e.g. USPS, UPS) or as a software download directly to your computer. All prices displayed on the site are quoted in U.S. Dollars and are valid and effective only in the United States of America. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TheVibrantCreative.com.
All material and information presented by TheVibrantCreative.com is intended to be used for personal educational or informational purposes only. Warning that creative materials may include sharp objects. SHARP OBJECTS MAY PUNCTURE SKIN. THE VIBRANT CREATIVE IS NOT RESPONSIBLE FOR ANY INCIDENCES OR INJURIES RELATED TO THE HANDLING OF THESE PRODUCTS.
While TheVibrantCreative.com has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
We use a highly automated e-commerce engine to bring you new products and features rapidly, while minimizing the potential for errors. With automation and site expansion, however, comes the minimal risk of incorrect prices temporarily being applied to our products as viewed online. In the unlikely event that a product is associated with an incorrect price TheVibrantCreative.com reserves the right to cancel an order or perform a billing adjustment after e-mail notification to you.
2. Disclaimer or Warranties.
The site is provided by TheVibrantCreative.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law TheVibrantCreative.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise TheVibrantCreative.com shall have no liability for any interruptions in the use of this Website. TheVibrantCreative.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitations of Liability
TheVibrantCreative.com is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by TheVibrantCreative.com. TheVibrantCreative.com cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and The Vibrant Creative shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will TheVibrantCreative.com be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.
4. Third-Party Sites
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is Copyright ©2016 TheVibrantCreative.com. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of TheVibrantCreative.com and protected by U.S. and international copyright laws. All software used on the Sites is the property of TheVibrantCreative.com or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with TheVibrantCreative.com, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of The Vibrant Creative is strictly prohibited.
5. Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content").
By submitting Content to TheVibrantCreative.com, you represent and warrant that:
You also represent and warrant that any Content you submit:
TheVibrantCreative.com does not endorse any Content or any opinion, recommendation or advice expressed therein, and TheVibrantCreative.com disclaims all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to TheVibrantCreative.com through the Interactive Services, (a) such Content is not confidential or proprietary and TheVibrantCreative.com has no obligation of confidentiality, express or implied, with respect thereto; (b TheVibrantCreative.com may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from TheVibrantCreative.com under any circumstances unless you are otherwise notified by TheVibrantCreative.com in writing.
6. Mobile Services
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
7. Modification of Content
8. Reservation of Rights
TheVibrantCreative.com IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, TheVibrantCreative.com DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TheVibrantCreative.com DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
TheVibrantCreative.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
11. Applicable Law
12. Fraud Protection
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
13. Other Terms
We go to great lengths to ensure that your personal information is used for nothing other than conducting such business as you wish to conduct with us. Furthermore, we only transact business with those individuals legally permitted to do so. Any activity on our site by minors requires parent/guardian consent and oversight. It is your obligation to ensure that any passwords, account names, credit card numbers, or other account information remain exclusively for use by you. Any claim or dispute between you and TheVibrantCreative.com that arises in whole or in part from the Sites or the Interactive Services shall be decided exclusively by a court of competent jurisdiction located in Denver, Colorado. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU TheVibrantCreative.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.