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Terms & Conditions

 

Welcome to WWW.ViJIENENTERPRISES.COM (also referred to in these Terms of Use as this site). This site is owned by ViJIEN Enterprises Corporation. (referred to in these Terms of Use as VEC). Please direct any question or comments regarding or concerning these Terms of Use below to legal@vijienenterprises.com. PLEASE READ THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.

USE OF WEBSITE AND SERVICES

By accessing and using this site, you confirm your agreement to these Terms of Use and the Privacy Policy. If you do not agree to or do not want to be bound by these Terms of Use, you are not authorized to use this site and should immediately exit this site. VEC reserves the right, at our discretion, to amend the Terms of Use, and to change, add, remove, or otherwise modify any aspect, content or feature of this site at any time. Please check these Terms of Use periodically for any changes. Your continued use of this site following the posting of changes to these Terms of Use shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

COPYRIGHT/OWNERSHIP

You may not use the Websites for any other purposes, including without limitation, to make any false or fraudulent inquiries. You may use the Service, the Site, and the information you experience on the Site (singularly or collectively, the Content or Material respectively) solely for your non-commercial, personal purposes and/or to learn about VEC products and services.

All content included on this site, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, audio or video clips, digital downloads, data compilations and software, is the property of, or licensed to, VEC or is the property of VEC™ content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content on this site is the property of VEC and is protected by the laws of the United States and other countries and international treaties. VEC™ marks indicated on the site are registered trademarks of VEC. All other marks that are not owned by VEC that appear on this site, such as those of VEC™ clients, are the property of their respective owners, which may or may not be affiliated with or connected to VEC. You further agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. All of the above marks may not be copied, altered, published, repurposed, posted, resold, reproduced, displayed, distributed, transmitted, downloaded or otherwise exploited for any commercial purpose without the expressed written permission of VEC or the owner of such marks.

LICENSE AND SITE USE

VEC grants you a limited, non-transferable license to access, display, and print the materials presented on this website for your personal, non-commercial use only. In accordance with these Terms of Use, you may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form any software that you are permitted to download from the site hereunder, except as may be permitted by law. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

TRADEMARKS

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

USER CONDUCT

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. Acceptance of the Terms creates a binding contract (Agreement) between you and VEC that you will use the Websites and the Services only in a manner consistent with these Terms.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality (as applicable) of account information, credit card information, usernames, passwords and IDs that may be required to use the site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). You agree to notify VEC immediately of any unauthorized use of your account or password, or any other breach of security. VEC™ site security policies are contained in this site™ Privacy Policy. VEC reserves the right in its sole discretion to refuse access to this site or the products and services provided through it, terminate accounts and usage rights, edit, or remove content or submissions (as defined below) and cancel orders or requests for materials made through this site.

USER SUPPLIED INFORMATION/SUBMISSIONS

VEC does not want to receive confidential or proprietary information from you via the Site. Any information or materials you transmit, upload or otherwise submit to this site (including, without limitation, comments, reviews, email messages) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to this site or other means of transmission or delivery, (shall be collectively referred to as "submissions") will be considered non-confidential and non-proprietary. For all Submissions, (1) you guarantee to VEC that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity; (2) You agree to accept sole responsibility for, and assume all liability associated with your submissions. We do not claim ownership of your submissions; and (3) you give VEC a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law), license (world-wide, with the right to sublicense and assign) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such submission or incorporate such submissions in any form or medium and through any means or modes of distribution or technology now known or hereafter developed subject to VEC™ Privacy Policy

You hereby agree and represent to VEC that you own or have been granted the necessary intellectual property and other rights in the submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to VEC that no such submissions are, or shall be, subject to any obligation of confidence on the part of VEC and that VEC shall not be liable for any use or disclosure of any submissions. VEC will use your submissions in accordance with VEC™ Privacy Policy. However, VEC shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without notice to or compensation to the provider of the submissions.

UNSOLICITED IDEA SUBMISSION POLICY

VEC or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should VEC's business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to VEC or anyone at VEC. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of VEC, without any compensation to you; (2) VEC will have no obligation to return your idea to you or respond to you in any way; (3) VEC will have no obligation to keep your idea confidential; and (4) VEC may use your idea for any purpose whatsoever, including giving your idea to others. However, VEC does welcome feedback regarding many areas of VEC's existing businesses that will help satisfy customer's needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information/Submissions section above.

LINKS TO THIRD-PARTY WEBSITES ON THIS SITE

Links on the Site to third party web sites or information are provided solely as a convenience to you. Please exercise discretion while browsing the Internet using this site. You should be aware that while you are on this site, you could be directed to other websites that are beyond our control. There are links to other sites from this site’s pages that take you outside this site, and will be subjected to the terms of use and privacy policy applicable to those web sites. This includes links to organizations, fan clubs, advertisers, and regional sections, as well as sites maintained by VEC sponsors, VEC clients, VEC events, VEC affiliates and VEC content partners (among others) that may or may not use our logo. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by VEC of the third party, the third-party web site, or the information contained therein.

Additionally, these other sites may send their own cookies to users of their sites, collect data, or solicit personal information. These other sites may contain content or information that you may find inappropriate or offensive. VEC reserves the right (but shall have no duty) to disable links from these third party sites to this site. VEC makes no representations concerning the content of sites linked to this site or listed in any of our directories. Consequently, VEC cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to this site. If you decide to access other websites, you do so at your own risk. You agree not to hold VEC responsible for the content or operation of such websites.

LINKING TO THIS SITE

If you would like to link to the Site, you must follow VEC™ link guidelines. Unless specifically authorized by VEC, you may not connect deep links to the Site, (i.e. create links to this site that bypass the home page or other parts of the Site). You may not mirror or frame the home page or any other pages of this Site on any other website or webpage.

DOWNLOADING FILES

VEC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

DISCLAIMER OF WARRANTIES

VEC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. VEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. VEC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT OR PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VEC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

VEC explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on sites that link to or from this site. VEC cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this site or third party content on our sites. VEC does not endorse any of the merchandise (if any) except as expressly provided, nor has VEC taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. VEC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. VEC strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Continuing on this site you confirm your agreement to these Terms of Use and the Privacy Policy.

PRIVACY

Click here to see VEC's Privacy Policy.

PASSWORD SECURITY


Should VEC offer username and password registration and you register to become a vijienenterprises.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

LIMITATION OF LIABILITY

IN NO EVENT WILL VEC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, NEGLIGENCE, INCIDENTAL, CONSEQUENTIAL DAMAGES, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF VEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VEC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED $99.99.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold VEC and VEC™ affiliated companies and their respective officers, directors, employees, business partners, licensors and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorneys fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach or non-compliance by you of these Terms of Use, any of your representations or misuse of this site or of any site linking to this site, and any claim brought by persons or entities (other than the parties to this Agreement) arising from or related to your access to and use of this site. You shall use your best efforts to cooperate with us in the defense of any claim. The Terms will inure to the benefit of successors, assigns, and licensees. This defense and indemnification obligation will survive these Terms and your use of the Websites and/or Services.

TERMINATION

These Terms of Use are effective until terminated by VEC or User at anytime. Your access to this site may be terminated immediately without notice from us for any reason, including without limitation, if, in our sole discretion, considers to be unacceptable, providing false or misleading registration information; interfered with other users or the administration of VEC Services or Websites; upon request by law enforcement or other governmental authorities; or your failure to comply with any term of these Terms of Use,. Upon such termination, you must cease use of this site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of this site. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.

JURISDICTIONAL ISSUES

You agree that all matters relating to your access to or use of this site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Fort Lauderdale, Florida, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a user based in the European Union. If you are a user based outside the United States, you may make a claim in the courts of the country where you reside. However, VEC makes no representation that materials on this site are appropriate or available for use in any particular location. Those who choose to access and use this site do so on their own initiative and are responsible for compliance with federal, state, and local laws, rules, codes, regulations and ordinances, as applicable. Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting VEC, its clients, events, products and services and its sponsors and advertisers available in the United States and its territories, possessions and protectorates. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512, VEC reserves the right, but not the obligation, to terminate your license to use the site if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether the material or activity is ultimately determined to be infringing. In addition, pursuant to 17 U.S.C. Section 512(c), all notice of claims of copyright infringement on or relating to this Web Site should be sent to Service Provider's Designated Copyright Agent. VEC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Notification must be submitted to the following:

  1. By sending an e-mail to legal@vijienenterprises.com. Subject line: Potential Copyright Infringement; or
  2. By sending a certified letter via the U.S. Mails to:

ViJIEN Enterprises Corporation
Attention: Legal Department/Designated Copyright Agent
100 Commodore Drive, #526
Plantation, FL 33325
United States of America
754.444.0751

Notification

To be effective, any written notice regarding defamatory or infringing activity must be a written communication that includes the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
  3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit VEC to locate the material;
  4. Information reasonably sufficient to permit VEC to contact the Complaining, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. 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.

Upon receipt of the written Notification containing the information as outlined in 1 through 6

  1. VEC will remove or disable access to the material that is alleged to be infringing;
  2. VEC will forward the written notification to such alleged infringer (the Alleged Infringer);
  3. VEC will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

Counter Notification

To be effective, a Counter Notification must be a written communication provided to VEC™ Designated Copyright Agent that includes substantially the following:

  1. A physical or electronic signature of the Alleged Infringer;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer™ address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which VEC may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

  1. VEC will promptly provide the Complaining Party with a copy of the Counter Notification;
  2. VEC will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
  3. VEC will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided VEC™ Designated Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on VEC™ network or system.

GENERAL PROVISIONS


  1. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. VEC™ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by VEC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between VEC and you or any other party be deemed to modify any provision of these Terms of Use. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of VEC. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. No waiver by VEC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  2. Correction of Errors and Inaccuracies. The Content or Material, respectively, may contain typographical errors or other errors or inaccuracies and may not be complete or current. VEC therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. VEC does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
  3. Enforcement/ Choice of Law/ Choice of Forum. If any provision of these Terms of Use is determined by a court of competent jurisdiction to be, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and replaced with a valid provision that best embodies the intent of these Terms of Use, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy (below) shall be filed only in the state or federal courts located in Broward County, Ft. Lauderdale, Florida and you hereby consent and submit to the exclusive venue and personal jurisdiction of such courts for the purposes of such action.  These Terms of Use constitute the entire agreement between us relating to the subject matter herein, supersede all prior or contemporaneous communications and proposals, whether oral or written, and shall not be modified except in writing, signed by both parties. VEC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the site or access to the site. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. Any and all disputes relating to this Agreement, VEC's Privacy Policy, your use of the Site, any other VEC web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any conflict of laws provisions.

HEADINGS

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

ADDITIONAL TERMS

Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the Websites, and you agree to abide by such other terms and conditions

ATTORNEYS FEES

If VEC takes any action to enforce these Terms, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

©ViJIEN Enterprises Corporation. All Rights Reserved.

Last Updated on January 22, 2019

 

 

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