This agreement governs the access and use of digital goods, such as applications ("apps") or game software offered by Vivid Machine ("we", "our", or "us") and related updates, upgrades, and features as well as online services, features, content, and websites offered by us or live events hosted by or in connection with us (collectively "products" or "services").
In order to use certain products or services you may be required to meet minimum age requirements, agree to third-party terms, or open an account. Parents and guardians are liable for all acts including purchases of their children. We recommend that parents and guardians familiarize themselves with parental controls available on devices they provide to their child and accompany their child if not of legal age when online.
You acknowledge and agree that you will provide at your own cost and expense the equipment, Internet, or other connection charges, required to access and use our products or services. We make no warranty that our products and services can be accessed on all computers, games consoles, smartphones, tablets, or other devices, by means of any specific Internet or other connection provider, or in all countries. You are solely responsible for any third-party costs you incur using our products or services.
To the fullest extent permitted by applicable law, our products and services are provided as is and we do not warrant that they will be uninterrupted or error-free, that defects will be corrected, that they are free of viruses or other harmful components, or that all of the product content will be accurate. We expressly disclaim all warranties of any kind, express or implied, including but not limited to the warranties of title, non-infringement, merchantability, or fitness for any particular purpose.
To the fullest extent permitted by applicable law, neither us nor our parents, subsidiaries, licensors, or affiliates shall be liable in any way for damage or loss of any kind resulting from the use of or inability to use our products or services.
This includes without limitation loss of goodwill, work stoppage, computer failure, or malfunction, the loss or damage to digital goods including user data, or interruptions of service including without limitation ISP disruptions, software or hardware failures, failures of any third-party billing solutions, other services, or any other event which may result in a loss of data or disruption of service.
In no event will we be liable to you or anyone else for any indirect, incidental, special, exemplary, remote, speculative, punitive, or consequential damages.
Risk of Loss
You bear all risk of loss for accessing or completing the download of any product and for the loss of any product that you have accessed or downloaded, including any loss due to a file corruption or device crash.
Any product may be available for limited periods of time, or subject to other access restrictions (including for example, possession of other specific products for access or use). Products or services may become unavailable due to potential content provider licensing restrictions or other reasons. We will not be liable to you if any product is or becomes unavailable for download or access, for any reason, to the fullest extent permitted by applicable law.
When a refund is requested for a digital product or service, there is usually no way for the customer to truly return the purchased good or service. It remains in their possession indefinitely or they may have already received the benefit from such digital goods and services. Due to the nature of digital goods and services we cannot offer refunds.
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
You may not use, frame, or utilize framing techniques to enclose any of our trademarks, copyrights, or other proprietary information without our express written consent.
We make no claim or representation regarding, and accept no responsibility for third-party websites accessible by hyperlink from our products or services. When you visit third-parties, you should be aware that these terms and our policies no longer govern.
We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy, or completeness of any content contained in our products or services. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on our products and services.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining terms.
The validity of these terms and the rights, obligations, and relations of the parties under these terms will be construed and determined under and in accordance with the laws of the United States and the state of Florida, without regard to conflicts of law principles.
You expressly agree that exclusive jurisdiction for any dispute relating to your use of our products or services resides in the courts of Duval County, Florida and you further agree and expressly consent to the exercise of personal jurisdiction in these courts in connection with any such dispute. You further agree that you will not commence against the other a class action, class arbitration, or other representative action or proceeding.
The waiver or failure by us to exercise any right provided for will not be deemed a waiver of any further rights. The rights and remedies set forth in this agreement are cumulative and are in addition to any rights or remedies we may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for.
These terms are effective until terminated by us. Your rights under this agreement will terminate automatically without notice if you fail to comply with the terms or applicable third-party terms.
Upon the termination of these terms, you shall cease all use of our products or services, and destroy all copies, full or partial, of any digital goods. We reserves the right to suspend or disable your access to the use of our products or services as well as terminate this agreement without cause.
This agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to this subject matter.
When you provide us with any feedback, comments, or suggestions you irrevocably assign to us all of your right, title, and interest in and to your feedback, comments, and suggestions.
We reserve the right to add, update, or remove portions of these terms at any time. We will post these changes on this page, and will make a reasonable effort to keep this page current.
If you still have any questions or concerns about our terms please contact us.