Terms and Conditions
INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the VNHM SHOP Site and the text, software, music, sound, photographs, video, graphics, domain names, URL's, advertisements, commercially produced information, and other materials contained on VNHMSHOP.com, henceforth reffered to as Site, including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property), are the sole property of VNHM SHOP or its third party licensors, and, except as provided in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except as provided in this Agreement, VNHM SHOP does not grant to you any express or implied rights to VNHM SHOP's or any third party's Intellectual Property. The VNHM SHOP Intellectual Property is protected by copyright, trade secret, and other intellectual property laws and by international treaties, all of which provide rights and obligations that are supplemental to the rights and obligations set forth in this Agreement.
USE OF VNHM SHOP CONTENT
You understand and agree that you are permitted to use VNHM SHOP's Content only as expressly authorized by VNHM SHOP. You may download, view, copy and print VNHM SHOP Content, subject to the following: (a) the VNHM SHOP Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the VNHM SHOP Content may not be modified or altered in any way.
All VNHM SHOP graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of VNHM SHOP or its partners. VNHM SHOP's trademarks and trade dress may not be used in connection with any product or service that is not VNHM SHOP's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VNHM SHOP. All other trademarks not owned by VNHM SHOP that appear on the VNHMSHOP.com Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VNHM SHOP.
LINKS TO OR COMMUNICATIONS WITH THIRD PARTY WEB SITES AND SERVICES
Any links, including click-through and other advertisements and promotions, on the Site to third party web sites or resources are provided solely for your convenience. By clicking on any link to a third party web site you acknowledge and agree that, unless expressly stated otherwise: (1) you will be leaving the Site; (2) VNHM SHOP has not reviewed, does not monitor, and has no control over the content, advertising, order fulfillment, billing, customer service, products, or availability of any third party web sites or resources, and you bear all risks associated with the use of third party web sites or resources; and (3) VNHM SHOP is not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on third party web sites or resources, or for your purchase of products from third party web sites whose products may also be offered through the Site.
PERSONALLY IDENTIFIABLE INFORMATION
IDEA SUBMISSION POLICY
VNHM SHOP will not accept or consider unsolicited ideas, including without limitation ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when VNHM SHOP products or services (collectively, VNHM SHOP Products) might seem similar to ideas submitted to VNHM SHOP. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to VNHM SHOP or anyone at VNHM SHOP. If, despite this request, you still send us your ideas and materials, please understand that VNHM SHOP will not treat your ideas or materials as confidential or proprietary.
In consideration of your use of the Site, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify VNHM SHOP of any unauthorized use of your account or any other breach of security of which you are aware.
You agree not to:
(a) upload, download or transmit via the Site any User Materials that are offensive, vulgar, profane, obscene, sexually explicit, pornographic, inflammatory, harassing, excessively violent, threatening, tortuous, invasive of another's privacy or publicity rights, abusive, hateful, libelous or defamatory, plagiarized, harmful to minors, racially, ethnically, or otherwise objectionable in any way, infringe any patent, trademark, copyright, rights of publicity, or other intellectual property right, would constitute or encourage a criminal offense, violate the rights of any party, would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law, contain direct links (by a single click) to web sites that contain information of the kind described in this section, or constitute unsolicited promotions, advertising materials, "spam," chain-letters, or other such solicitation;
(b) use the Site to publicly broadcast, transmit, or display User Materials for "pay-per-download" or other commercial purposes, or which include a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Site or any Internet host;
(c) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted User Materials including impersonating another person or entity;
(d) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked services, or use any device or software designed to circumvent technological measures employed to control access to the Site or products made available on the Site;
(e) harvest or otherwise collect information about others, including e-mail addresses, without their express consent;
(f) sublicense, lease, rent, sell, resell, or otherwise transfer rights to the Site or exploit for any commercial purposes any use of the Site;
(g) modify, translate, decompile, reverse-engineer, disassemble, or create derivative works based on the Site, or bypass the Site and directly access any individual components of or products that are included in the Site; or
(h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other legal notices displayed on the Site or in VNHM SHOP Content printed or downloaded through the Site, or contained in or included with products or services received through the Site.
NO OTHER WARRANTIES
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE VNHM SHOP END USER LICENSE AGREEMENT, THE VNHM SHOP SOFTWARE AND PRODUCTS OFFERED THROUGH THE SITE UNDER THIS AGREEMENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. VNHM SHOP DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. VNHM SHOP AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE VNHM SHOP SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. VNHM SHOP AND ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR THE VNHM SHOP SOFTWARE OBTAINED FROM VNHM SHOP OR A THIRD PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. YOU UNDERSTAND AND AGREE THAT ANY VNHM SHOP CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE VNHM SHOP SOFTWARE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF THE Site ARE GOVERNED SOLELY BY THE THIRD PARTY'S TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND VNHM SHOP HAS NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL VNHM SHOP, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE VNHM SHOP SOFTWARE, THE PRODUCTS OFFERED THROUGH THE VNHM SHOP SITE, INCLUDING WITHOUT LIMITATION THE VNHM SHOP PRODUCTS OR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF VNHM SHOP WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. VNHM SHOP CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE VNHM SHOP WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF VNHM SHOP FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, $100.00.
You agree to indemnify and hold VNHM SHOP and its suppliers, licensors, vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the VNHM SHOP software, and User Materials you submit, transmit, store, upload or download through the Site, any product received by you through the Site, or any violation of this Agreement or the rights of others.
COPYRIGHT POLICY - NOTICE TO VNHM SHOP REGARDING ALLEGED COPYRIGHT INFRINGEMENT
VNHM SHOP respects the Intellectual Property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) , VNHM SHOP has designated an agent to receive notifications of alleged copyright infringement associated with the Site. VNHM SHOP will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:
Attn: Copyright Agent
When notifying us of the alleged copyright infringement, please include all of the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VNHM SHOP reserves the right to terminate your use of the Site for any actual or alleged copyright infringement.
All notices to a party shall be in writing and shall be made via Email for notices to VNHM SHOP , or to the e-mail address that you provide to VNHM SHOP as part of your Customer Information for notices to you, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. VNHM SHOP may also broadcast notices or messages, or other matters of importance, on this web site; such broadcasts will constitute notice to you.
Entire Agreement. This Agreement (and any additions or modifications to this Agreement mutually agreed to in writing by the parties), and any applicable End User License Agreement(s), shall constitute the entire agreement and understanding between you and VNHM SHOP with respect to the Site and purchases made via the E-Store. While VNHM SHOP reserves the right to modify this Agreement at any time without notice, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of VNHM SHOP execute a separate written agreement.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the provision at issue or of the remaining provisions of this Agreement.
Applicable Law. This agreement is subject to applicable United States federal laws and federal and state tariffs, if any, and the laws of the State of Florida, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of Florida. The United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement.
Assignment. VNHM SHOP may assign its rights and duties under this Agreement without the assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without the prior written consent of VNHM SHOP. All rights and obligations under this Agreement will bind and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns.
VNHM SHOP E-STORE
The following provisions specifically relate to the b2c portion of the Site. All other provisions of this Agreement apply to the b2c as well:
Your receipt of an electronic or other form of order confirmation does not constitute VNHM SHOP's acceptance of your order for products or services offered through the Site, nor does it constitute confirmation of VNHM SHOP's offer to sell you a particular product or service. VNHM SHOP reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. All orders may require pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Price and availability of products and services offered through the Site are subject to change without prior notice. To the extent we provide information on the availability of VNHM SHOP Products or products and services provided by third party vendors, suppliers, publishers, and manufacturers (collectively Third Party Products), we attempt to be as accurate as possible. However, VNHM SHOP does not warrant that product descriptions, product availability or other information on the Site is accurate, complete, reliable, current, or error-free. VNHM SHOP will not be liable for any lack of availability of VNHM SHOP Products or Third Party Products you may order through the Site. If your purchase order or any other communication with VNHM SHOP contains provisions inconsistent with this Agreement, this Agreement will prevail.
Information regarding shipping and handling, discounts, returns, and other customer services for all products offered through the Site will be as set forth in the "FAQ" section of the E-Store.
Receipts/Coupons/VIP And Academic Pricing
If you would like a receipt for any product or service ordered through the Site, you must: (1) send an e-mail to E-mail; and (2) enter your e-mail address and the date of purchase. You will then receive an e-mail from VNHM SHOP with your receipt. To receive VIP discounts on products and services offered through the Site, enter your VIP code in the VIP input box on the Site, and press the VIP code button. Once you enter your code, all applicable prices offered through the Site will be changed to reflect your code discount. Academic pricing maybe available to customers who are in school or work for an educational institution.
The purchase area of the b2c is designed to be secure. This means that any information you send us is protected by encryption. All messages are sent in an encrypted "digital envelope" and authenticated to verify the identity of both the sender and the receiver of the transaction. However, no connection to the Internet is completely secure. If you experience fraudulent use of your credit card as a result of security flaw on part of VNHM SHOP, notify your credit card company in accordance with its reporting rules and procedures. Should your credit card company discover credit card fraud and hold you liable for some portion of the unauthorized charges, and provided the purchase was made through our secure server, VNHM SHOP will reimburse you for the maximum liability of $50. VNHM SHOP will not reimburse you for any fraudulent activity for any other reason.
VNHM SHOP offers through the b2c both VNHM SHOP Products and Third Party Products. Certain VNHM SHOP Products and Third Party Products may be subject to End User License Agreements in addition to this Agreement. In the event of a conflict between any provision of a VNHM SHOP End User License Agreement and this Agreement, the provision of the VNHM SHOP End User License Agreement will control as to the particular conflicting provision.
VNHM SHOP Products: This seciton applied to products and software manufactured by VNHM SHOP. During the period within thirty (30) days after you download a VNHM SHOP Product or within thirty (30) days after you receive a VNHM SHOP Product if the product is shipped to you rather than downloaded (Warranty Period), VNHM SHOP will, at VNHM SHOP's sole option and without charge, replace the VNHM SHOP Product if it fails to conform to the product's accompanying documentation in effect at the time of shipment or download, or refund the purchase price of the VNHM SHOP Product, provided that VNHM SHOP will not have any liability whatsoever for any damage to or defect in a VNHM SHOP Product resulting directly or indirectly from your abuse or misuse of the product. For you to receive the benefit of this limited warranty, the following must occur: (1) you must notify VNHM SHOP of your claim of an alleged defect or nonconformity within the Warranty Period; (2) you must return any VNHM SHOP Product to VNHM SHOP (if the product was shipped), or certify in writing to VNHM SHOP that the product has been destroyed (if the product was downloaded); and (3) VNHM SHOP must determine that the VNHM SHOP Product is defective or nonconforming. If the VNHM SHOP Product has been shipped to you and the package is unopened, you may return the VNHM SHOP Product to VNHM SHOP, at your expense, any time within 30 days from purchase for a refund of the purchase price.
Technical Support for VNHM SHOP: Please contact the manufacturer directly for all technical support. The technical support may be free or may have a charge as outline by the technical support provider policies. VNHM SHOP will not reimburse you for any such charges.
Third Party Products: All Third Party Products (all other non VNHM SHOP manufactured software and products) ordered through the b2c are subject to the terms and conditions of the End User License Agreement between you and the third party vendor (Third Party) (if any), and any other Third Party policies and procedures. All warranties, maintenance, updates, liabilities or other obligations related to Third Party Products will be provided for by the Third Party, and VNHM SHOP will not be responsible for any Third Party Products. Please see Warranty policy and FAQ policy for more details.
Prices listed through the Site do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, appear in the shopping cart during the checkout process.
MODIFICATIONS TO AGREEMENT OR Site
VNHM SHOP may at any time and without notice modify, update, or otherwise change the provisions of this Agreement. If any modification to this Agreement is unacceptable to you, you may immediately terminate your use of the Site or your account. However, if you do not terminate your account, or continue to use the Site following the posting of any modification to this Agreement, your continued use will be deemed an acceptance of that modification. VNHM SHOP reserves the right to modify or discontinue all or part of the Site, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. You acknowledge and agree that VNHM SHOP will not be liable to you or any third party in the event that VNHM SHOP exercises its right to modify or discontinue all or part of the Site. Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to this Agreement.
Acknowledgment. You acknowledge that (i) you have read and understand this Agreement; and (ii) the Agreement has the same force and effect as a signed agreement. By purchasing on Site, you acknowledge that (i) you have read and understand this Agreement; and (ii) the Agreement has the same force and effect as a signed agreement.