Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. We refer to vinyang.com as “VinYang” or “we” throughout these Terms.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a vinyang.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. If you aren't interested in learning more, you can opt out of the marketing communication.
The Agreement does not transfer from VinYang to you any VinYang or third party intellectual property, and all rights, title, and interest in and to such property will remain solely with VinYang. VinYang graphics and logos used in connection with vinyang.com or our Services, are the intellectual property of VinYang. Your use of our Services grants you no right or license to reproduce or otherwise use any VinYang intellectual property. Unless prior express written consent of VinYang is given, you are not allowed to, by any means, copy or distribute any of VinYang’s intellectual property.
In using VinYang, you may encounter links to web sites owned by Third Parties.
If you visit any “Third Party Sites”, you understand that:
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by the posting by VinYang of a revised version. If you disagree with our changes, then you should stop using our Services once the changes become effective. Your continued use of our Services will be subject to the new terms.
If you wish to terminate the Agreement or your vinyang.com account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, and limitations of liability.
Our Services are provided “as is.” VinYang and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither VinYang, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will VinYang parties be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless VinYang, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.