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Terms of Use

Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing this Website.

Website
This Terms of Use Agreement sets forth standards of use TheVibrantCreative.com. to bring you creative materials using an easy-to-navigate interface that allows you to order products with complete confidence. Use of this website implies agreement with the following conditions of use.

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.
The products available on the Interactive Service are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from TheVibrantCreative.com. TheVibrantCreative.com reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by TheVibrantCreative.com in its sole discretion.
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
We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com ("Third Party Sites"). Our Terms of Use and other areas of our Sites provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with our Interactive Services, including services that involve Third Party Sites, TheVibrantCreative.com does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that TheVibrantCreative.com does not own or control, or to the actions of people that TheVibrantCreative.com does not employ or manage. You should always check the terms of use posted on Third Party Sites.
By using the Sites, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines and Rules, whether or not you have read them. If you do not agree with any of these, you should not use our Sites.Copyright
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 understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;" you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize TheVibrantCreative.com to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);" all "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;" all Content that you post is accurate;" you are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that " use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit:
" is not false, inaccurate or misleading;" does not harm minors;" does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;" does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);" does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);" is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;" is not submitted for compensation or other consideration from any third party; " does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;" complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;" is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and" does not contain any computer viruses, worms or other potentially damaging computer programs or files.
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.
For any Content that you submit, you grant TheVibrantCreative.com a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

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
All Content that you submit is not confidential and may be used at TheVibrantCreative.com sole discretion. TheVibrantCreative.com will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, TheVibrantCreative.com and its designees will have the right to remove any Content that TheVibrantCreative.com deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable TheVibrantCreative.com does not guarantee that you will have any recourse through TheVibrantCreative.com to edit or delete any Content you have submitted. TheVibrantCreative.com reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings, written comments, questions and answers are generally posted within two to four business days. However, TheVibrantCreative.com reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not TheVibrantCreative.com, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of TheVibrantCreative.com, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

8. Reservation of Rights
TheVibrantCreative.com reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive Services and the Sites and to block or prevent your future access to and use of the Interactive Services and the Sites. TheVibrantCreative.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of TheVibrantCreative.com (and its employees), its users and the public.

9. Disclaimer
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.

10. Indemnification
You agree to defend, indemnify and hold harmless TheVibrantCreative.com (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Interactive Services.

11. Applicable Law
The Sites and Interactive Services are created and controlled TheVibrantCreative.com in the State of Colorado, U.S.A. As such, the laws of the State of Colorado will govern these Terms of Use, without giving effect to any principles of conflicts of laws TheVibrantCreative.com reserves the right to make changes to its Web site and these Terms of Use at any time.

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.