Welcome to Vivendo.com.
Vivendo.com Ltd. and/or their affiliates ("Vivendo", "we", "us", "our") provide website features and other products and services to you when you visit at Vivendo.com (the "Website") or shop on Vivendo online marketplace (the "Marketplace") (collectively "Vivendo Services"). Vivendo provides the Vivendo Services and allows you to place an order for any of the products or services made available for purchase ("Products") on the Website subject to the conditions set out on this page.
Any person who wants to access the Website to buy or sell the Products or to use the other features provided through the Services must accept the terms and conditions of these Conditions of Use and Participation without change.
THIS DOCUMENT SETS OUT THE TERMS ON WHICH VIVENDO PROVIDES YOU WITH ACCESS TO THE WEBSITE AND REPRESENTS THE AGREEMENT YOU ENTER INTO WITH VIVENDO FOR THE PROVISION OF ITS SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. YOU ACKNOWLEDGE THAT BY USING THE WEBSITE (WHOLLY OR PARTLY) IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. BY CLICKING THE "ACCEPT" BUTTON DURING REGISTRATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IN PARTICULAR, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE CLAUSES IN THESE CONDITIONS OF USE AND PARTICIPATION RELATING TO: VIVENDO'S DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; PROTECTION AND USE OF YOUR PERSONAL DATA; YOUR CONSENT TO THE PUBLICATION OF FEEDBACK AND RATINGS ABOUT PRODUCTS ON THE WEBSITE; AND THE MANNER IN WHICH VIVENDO MAY MAKE CHANGES TO THESE CONDITIONS OF USE AND PARTICIPATION.
IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE WEBSITE, THE MARKETPLACE AND/OR ANY OTHER VIVENDO'S SERVICE.
1. ELIGIBILITY AND REGISTRATION REQUIREMENTS
1.1 Use of the Services is limited to parties that can lawfully enter into and form contracts under the laws of England and Wales.
1.2 We do not sell products for purchase by children. If you are under 18 you may use the Vivendo Services only with the involvement of a parent or guardian.
1.3 Any visitors to the Website that accepts these Conditions of Use and Participation ("participants", "users", "buyers", "sellers", "you", "your" as the context requires) may participate in buying or selling on the Website using the Services. However, to benefit of some functionalities of Vivendo Services (as, for example, posting feedbacks and comments) the users may need to register to the Website.
1.4 To register you must provide your real name, address, phone number, e-mail address. You warrant to Vivendo that the information you provide during the registration process is true and accurate and you must maintain and update that information as applicable. You must not impersonate any person or use a name you are not legally authorised to use. You authorise us to use any information provided to us in registering to verify your information (including any updated information) and to obtain an initial credit authorisation from your credit card issuer at time of registration.
1.5 You are obliged to notify Vivendo of any changes to your registration information immediately. You can access and update much of the information you have provided us with, including your account settings, in the "Your Account" area of the website.
1.6 Vivendo reserves the right to reject any registration and to refuse service to anyone for any reason, in its sole and absolute discretion.
1.7 If you provide false or incorrect registration information or do not notify Vivendo of changes to your registration information immediately, Vivendo reserves the right to terminate your account immediately and without notice to you.
1.8 If you register to Vivendo to use any Vivendo Services according to these Conditions of Use and Participation, you are solely responsible for maintaining the confidentiality and security of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. If your password is compromised you must change your password.
2. YOUR USE OF THE SERVICES
2.1 You must not use any Vivendo Services: (i) in any way that causes, or is likely to cause, any Vivendo Services, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
2.2 We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use and Participation or any other applicable terms and conditions, guidelines or policies.
3. SALE OF PRODUCTS ON VIVENDO’S MARKETPLACE
3.1 Third Parties products. Third Parties sell products on the Website. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Vivendo does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use and sale.
3.2 Fixed Price Sales. Under the Service, items are offered by sellers for sale at a fixed price ("Fixed Price Sales"). The price of any items sold using the Service are displayed inclusive of any customs, import, export, and excise duty, VAT and other taxes which may be applicable and sellers may not charge or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export, and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Website.
3.3 Videndo's Fixed Price Sales. Unless otherwise indicated, Vivendo itself and its affiliates may participate in Fixed Price Sales (as that term is defined above). When Vivendo or its affiliates offer items for Fixed Price Sale, it is no different to any other seller engaged in a transaction and they will abide by the same obligations imposed under this Agreement as any other seller on the Website.
3.4 Delivery charges. For items listed for sale using the Services, a separate delivery charge may be priced in accordance with the Marketplace delivery charge schedule in effect from time to time and available on the Website. Delivery charges will be displayed on the check-out page.
3.5 International sales. In listing an item for sale internationally, the seller may also have to comply with laws of the country in which the buyer resides dealing with, among other things, prohibitions on the sale, distribution or offering for sale of specific items. For each item listed on the Website, the seller will provide the state or country from which the item ships.
4. CONTRACT FULFILMENT
4.1 Users may buy Products displayed for sale on Vivendo's Marketplace according to availability of the products and following the sale and purchase procedure offered through the Website. By selecting the desired item, when indicated as "available", and clicking on the relevant "Buy" button you start the procedure of placement of an order of such Product. You can add more items to the same order by selecting them and clicking the relevant "Buy" button within the same session on the Marketplace.
4.2 To place the order you shall fill the order form with all the required data, including your contact data, shipping and billing addresses and payment data and any other specific data that may be required from time to time and with respect to specific orders (for instance, in case of customized items).
4.3 Before final confirmation and actual placement of the order, which will take place when you click the "BUY" button at the bottom of the check-out page of the sale and purchase form/procedure, the system will show you a summary of all the details of your order, including quality and quantity of the Products ordered, their price, any applicable tax, any applicable shipping fee, your contact, shipping, billing and payment data, fees for the use of certain means of payment (e.g. credit or debit cards), the estimated time of shipping. On such page you may still modify or cancel the order.
4.4 Vivendo will confirm each order to the seller and the buyer by email. Receipt of confirmation of the order represents execution of a sale and purchase agreement between buyer and seller. Sellers shall dispatch items in accordance with the products' availability and expected delivery time stated on the Website at the time of the order. Sellers shall provide a full refund to any buyer who remits payment, if the item cannot be shipped.
4.5 If, by law, an agreement for the transfer of any property must be evidenced in writing or in some specific form, then the buyer and seller agree, on the completion of a Fixed Price Sale to complete the transaction in writing and/or in the relevant form (as the case may be).
4.6 The following terms and conditions will apply to the contract between the buyer and seller for the sale of the relevant item:
(a) All postage, customs, import, export and excise duty, VAT and any other taxes associated with the Fixed Price Sale (if applicable) will be paid by the buyer and it is Vivendo’s responsibility to determine, collect and remit the applicable VAT, customs, import, export and excise duties and any other taxes associated with the Fixed Price Sale. The price of any items sold using the Service must be displayed inclusive of any customs, import, export and excise duty, VAT and any other taxes associated with the Fixed Price Sale, which may be applicable, and sellers will not charge or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Website;
(b) Buyers are required to pay in the currency in which the Fixed Price Sale is listed;
(c) The sale will be subject to any warranties implied to be granted by sellers under applicable law; and
(d) The contract between the buyer and seller will be governed by the laws of England and Wales (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales. However, If you operate as a consumer, you may bring a claim in connection with the contract in the country in which you live.
5. RIGHT OF WITHDRAWAL AND RETURNS
5.1 The buyer shall have a period of fourteen (14) days to withdraw from the date of receipt of the purchased goods, without incurring any costs other than the direct cost of returning the goods unless otherwise indicated on the Website. Specific terms on conditions for returning goods on Vivendo can be found on the Returns and Refunds section of our Website. Such right of withdrawal does not apply to: (1) any personalised products; (2) any products made to your specifications; or (3) other products which we have specified as non-returnable.
5.2 Before the expiry of the fourteen (14) days of withdrawal period, the buyer shall inform Vivendo - which shall forward the information to the seller - of his/her decision to withdraw from the sale and purchase agreement. For this purpose, the buyer shall send confirm his/her decision to withdraw from the contract through our contact form which can be found here., clearly indicating the intention to cancel the contract with respect to all or just some of the goods included in the received order and stating the reasons for the withdrawal. In case you intend to return only some of the items included in your purchase, you must clearly identify such items in your email by reporting all the relevant data included in the original order.
5.3 Within fourteen (14) days after the date the notice of withdrawal has been sent, you shall return the goods for which you notified us your intention to withdraw under Section 5.2 above by shipping them through a traceable mean of delivery, in perfect, re-saleable conditions and correctly packed. Shipping fees for returning items are at the sole cost of the buyer returning the goods in the exercise of his/her right of withdrawal. With reference to some items offered for sale on the Marketplace we may offer to collect returns free of charge; please verify on your order if this is the case before you confirm the withdrawal. Please inspect the Returns and Refunds section of our Website and the delivery and returns information contained on each individual product page. In case we offer collection for the items you intend to return, please contact our Customer Service through the contact us form to arrange collection within the fourteen (14) days following your notice of withdrawal.
5.4 Provided that you have cancelled the contract as above and we have received the products back from you undamaged within fourteen (14) days of withdrawing from the sale and purchase agreement, we will reimburse all payments received from you in respect of the products including delivery charges up to the value of the least expensive type of standard delivery offered by us. We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you (for example, if you have handled the products beyond the sort of handling that might reasonably be allowed in a shop).
5.5 The reimbursement will be paid (using the same means of payment used by the buyer for the original transaction) within fourteen (14) days after receiving the returned products or the evidence that the products were sent. In the case of products that we have agreed to collect, the reimbursement will be paid within fourteen (14) days after the day you notified us of the cancellation.
6. LEGAL GUARANTEE AND THE VIVENDO A-Z GUARANTEE
6.1 The seller shall grant the conformity of goods sold to buyers for two year after their purchase (legal guarantee).
6.2 According to such legal guarantee, in case of faulty items you shall be entitled to have the goods brought into conformity free of charge by repair or replacement or to cancel your purchase and return the faulty item unless the lack of conformity is minor.
6.3 Notwithstanding the legal guarantee granted by the seller, Vivendo wants you to have a safe buying experience and offer you a further guarantee, called Vivendo A-z Guarantee .
6.4 ACCORDING TO THE A-Z GUARANTEE, IF THE BUYER OF AN ITEM HAS PROVIDED PAYMENT, BUT THE SELLER DID NOT DELIVER THE ITEM, OR, IF THE BUYER RECEIVED THE ITEM, BUT IT WAS MATERIALLY DIFFERENT FROM THE SELLER'S DESCRIPTION OF THE ITEM, VIVENDO WILL REIMBURSE THE BUYER THE PURCHASE PRICE, INCLUDING SHIPPING CHARGES SUBJECT TO THE CONDITIONS PROVIDED IN SECTION 6.5 BELOW.
6.5 THE VIVENDO A-Z GUARANTEE APPLIES IF FOLLOWING CONDITIONS ARE MET:
(1) THE BUYER PURCHASED THE ITEM ON THE MARKETPLACE AND PAID VIA THE SERVICE;
(2) THE BUYER MUST WAIT THIRTY (60) DAYS AFTER THE ORDER DATE TO REQUEST PAYMENT FROM VIVENDO UNDER THE VIVENDO A-Z GUARANTEE AND SUBMIT THE GUARANTEE SUBMISSION FORM;
(3) THE BUYER MUST PROVIDE THE REQUIRED INFORMATION ON THE CONTACT FORM WHICH CAN BE FOUND IN THE CONTACT US SECTION OF OUR WEBSITE TRUTHFULLY AND ACCURATELY TO RECEIVE PAYMENT;
(4) THE BUYER MUST NOT REQUEST A CHARGEBACK FOR THE FIXED PRICE PURCHASE FROM THE ISSUING BANK.
7. VIVENDO'S ROLE
7.1 Vivendo allows third party sellers to list and sell their products on the Website. This is indicated on the respective product detail page. Buyers authorize Vivendo to act as their limited representative solely to conclude on their behalf sales contracts directly between them and the sellers for sales of goods via the Service. While Vivendo as a provider helps facilitate transactions that are carried out on the Vivendo platform, Vivendo is neither the buyer nor the seller of the seller's items. Vivendo is not an auctioneer. Vivendo provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. As well, the enforcement of any contractual obligations arising out of the completion of a transaction using the Service is the responsibility of the buyer and seller that are party to that transaction. Vivendo is not a party to such contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. Vivendo is not obliged to mediate between buyers and sellers or enforce or execute fulfilment of any contract.
7.2 The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. However, because Vivendo wants the buyer to have a safer buying experience, Vivendo provides the Vivendo A-to-z guarantee under Section 6 above in addition to any contractual or other rights, but otherwise buyers and sellers use the Website and the Service at their own risk. Subject to the terms of these Conditions of Use and Participation, the seller will resolve any subsequent dispute directly with the buyer, or under the Vivendo A-z Guarantee.
7.3 As part of the Service, Vivendo operates a Customer Service to facilitate interactions and communication between buyers and sellers.
8.1 Vivendo may, in its sole and absolute discretion, terminate these Conditions of Use and Participation, access to the Website or the Services, or any current Fixed Price Sales immediately without notice for any breach of any of the terms of these Conditions of Use and Participation.
8.2 You may terminate your participation in the Service or your use of the Website at any time at your own discretion.
8.3 Seller may terminate its participation in the Service at any time and Vivendo may terminate the seller's participation in the Service at any time with no liability towards other users, including buyers.
8.4 Upon termination, all rights and obligations of the parties under these Conditions of Use and Participation will be extinguished, except that such rights and obligations will remain in effect after such termination to the extent necessary to process any orders placed prior to such termination for items listed by seller using the Service (including, without limitation, any fees due).
9. VIVENDO'S RESERVATION OF RIGHTS
9.1 Vivendo retains the right to, if it considers it appropriate: immediately halt any Fixed Price Sale; prevent or restrict access to the Website or the Service; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorised items or unlawful items. Vivendo reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable. Without prejudice to generality of the rights in this clause, and to any other rights that Vivendo may have in these Conditions of Use and Participation, Vivendo reserves the right to refuse listings or to immediately remove any listings.
9.2 Each participant, whether or not he or she is currently a buyer or seller, agrees that Vivendo shall be entitled to retain for itself the interest, if any, paid on balances in all its bank accounts, notwithstanding that some of that interest may be attributable to the time taken for the exercise of the rights, and the performance of the obligations, under these Conditions of Use and Participation.
10. RATINGS AND FEEDBACK
10.1 Registered users may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information. Furthermore, registered users may leave feedback ("Feedback") on other participants relating to the other participants' performance in buying or selling items on the Website and using the Service. Buyers and sellers only may rate each other's performance in relation to a Fixed Price Sale using a 1-5 star rating system ("Rating"). You acknowledge and accept that the content you posted, Feedback and Rating will be publicly available for viewing on the Website. Vivendo is not responsible for checking or editing the content posted by users on the Website. YOU CONSENT TO THE PUBLICATION OF, AND AUTHORISE VIVENDO TO PUBLISH, ANY CONTENT POSTED BY USERS, INCLUDING FEEDBACK AND RATINGS, EVEN THOUGH SUCH CONTENT, FEEDBACK OR RATINGS MAY BE CRITICAL OR DEFAMATORY OF YOU AND EVEN THOUGH VIVENDO MAY BE AWARE OR OUGHT REASONABLY BE AWARE THAT SUCH FEEDBACK OR RATINGS CAUSED OR CONTRIBUTED TO THE PUBLICATION OF A STATEMENT THAT IS DEFAMATORY OF YOU. YOU RELEASE VIVENDO FROM AND WAIVE ALL RIGHTS AGAINST VIVENDO IN RESPECT OF ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PUBLICATION OF ANY OFFENSIVE CONTENT ABOUT YOU.
10.2 When submitting any content, including Feedback and Ratings, you must comply with any applicable law, regulation, policy and netiquette and you undertake not to submit any illegal, obscene, abusive, threatening, offensive, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or in any other way inappropriate content, nor any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
10.3 You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any Vivendo Services contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Vivendo Services, please notify us by completing and submitting the appropriate notice as under Section 24 and we will respond.
10.4 You agree to indemnify and hold harmless Vivendo and its affiliates (and their respective employees, directors and representatives) against any claim or action brought by a third party, arising out of or in connection with any Feedback or Ratings left by you on the Website.
11. OUR LIABILITY
11.1 No Warranties. We will do our utmost to ensure that availability of the Vivendo Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Vivendo Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
11.2 THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS. VIVENDO MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (c) THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF LISTING, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. (d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VIVENDO. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VIVENDO DISCLAIMS ANY AND ALL SUCH WARRANTIES.
11.3 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED AT LAW, VIVENDO WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, BUSINESS LOSSES AS LOSS OF PROFITS, REVENUE DATA, CONTRACTS, ANTICIPATED SAVINGS, GOODWILL OR WASTED EXPENDITURE) ARISING OUT OF OR IN CONNECTION WITH THE CONDITIONS OF USE AND PARTICIPATION, THE WEBSITE, THE SERVICE, THE INABILITY TO USE THE SERVICE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR FEEDBACK OR RATINGS POSTED TO THE SITE OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, WHETHER OR NOT VIVENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, NOR FOR ANY OTHER LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART.
11.4 WE WILL NOT BE HELD RESPONSIBLE FOR ANY DELAY OR FAILURE TO COMPLY WITH OUR OBLIGATIONS UNDER THESE CONDITIONS IF THE DELAY OR FAILURE ARISES FROM ANY CAUSE WHICH IS BEYOND OUR REASONABLE CONTROL.
11.5 The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
11.6 Despite anything else contained in these Conditions of Use and Participation, neither party excludes any liability for fraudulent representations or for death or personal injury to the extent only that it arises as a result of the negligence or wilful misconduct of that party, its employees, agents or authorised representatives.
11.7 General Release. BECAUSE VIVENDO IS NEITHER THE BUYER NOR THE SELLER OF THE SELLER'S ITEMS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE VIVENDO (AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
12. GRANTS OF LICENCE
12.1 Vivendo's Grant. Subject to compliance with these Conditions of Use and Participation, Vivendo grants a limited, non-exclusive, non-transferable, non-sublicensable, license to each participant to access and make personal and non-commercial use only of the Website and the Services. This license expressly excludes, without limitation: any resale or commercial use of the Website and the Services and their contents including any collection and use of any product listings, descriptions, or prices, any derivative use of any Vivendo Services or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, data extraction, robots, or similar data gathering and extraction tools; modifying, distributing, copying, republishing or making any derivative of the Website or the Service; the collection and use of participant e-mail addresses or other participant information, Ratings, Feedback or listings.
12.2 All rights not expressly granted to you in these Conditions of Use and Participation are reserved and retained by Vivendo or its licensors, suppliers, publishers, rights holders, or other content providers. No Vivendo Services, nor any part of any Vivendo Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Vivendo without our express written consent. You may not use any meta tags or any other "hidden text" utilising Vivendo's names or trademarks without our express written consent.
12.3 You may not misuse the Vivendo Services. You may use the Vivendo Services only as permitted by law. The licences granted by Vivendo terminate if you do not comply with these Conditions of Use and Participation.
12.4 Users' Grant. By entering into these Conditions of Use and Participation and posting content or submitting material (including listing of products) you grant Vivendo and its affiliates a non-exclusive, worldwide, royalty-free, irrevocable, right to exercise all copyright, database rights and rights of publicity over such material and to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any existing or future media, known or unknown, now or at any later date, as well as the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
12.5 You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Vivendo including the execution of deeds and documents, at our request.
12.6 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable laws, policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Vivendo for all claims brought by a third party against Vivendo arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (contact us) arising out of or on the grounds of, or originating from the content that you have communicated to us.
13. INTELLECTUAL PROPERTY
13.1 Subject to the licence granted to you under these Conditions of Use and Participation, Vivendo reserves all right, title and interest in its and its affiliates' intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names and any other similar protected rights in any country) in the Website and the Service. Any goodwill accruing out of the use of Vivendo's and its affiliates' trade marks, trade and business names and service marks under these conditions of Use and Participation will vest in Vivendo and its affiliates, as the case may be.
13.2 All content included in or made available through any Vivendo Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Vivendo or its content suppliers and is protected by English and international copyright, authors' rights and database right laws.
13.3 You may not extract and/or re-utilise parts of the content of any Vivendo Services without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Vivendo Services, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Vivendo Services (e.g. our prices and product listings) without our express written consent.
13.4 In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Vivendo Services are trademarks or trade dress of Vivendo. Vivendo's trademarks and trade dress may not be used in connection with any product or service that is not Vivendo's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Vivendo. All other trademarks not owned by Vivendo that appear in any Vivendo Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vivendo.
14. DATA PROTECTION AND PRIVACY
14.2 Unless otherwise authorised or consented, you agree not to use any information regarding other participants that is accessible from the Website, except to enter into and complete transactions conducted via the Website. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise objectionable conduct.
15. VAT AND OTHER TAXES ON THE SALE OF GOODS AND/OR SERVICES BY SELLERS
It is Vivendo’s responsibility to determine whether VAT, customs, import or export duties, excise taxes or other taxes apply to the sale of goods and services to the buyer and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority. Vivendo acts as agent on behalf of sellers for VAT purposes and for the purposes of any other taxes that are applicable in the country where buyer is located for the sale and/or import of the products. The price stated for any goods offered on the Website is inclusive of any VAT, customs, import or export duty, excise tax or other tax that the seller may be required to remit in connection with such sale.
16. APPLICABLE LAW
These Conditions of Use and Participation will be interpreted, construed and enforced in all respects, with the exception of any applicable statutory provision of law that should apply to you as consumer, in accordance with the laws of England and Wales and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in England or in the EU country in which you live.
17. ENTIRE AGREEMENT
These Conditions of Use and Participation incorporate by this reference all terms, conditions, policies, guidelines and other information on the Website concerning the Website or the Service, including but not limited to the Privacy Notice and Cookies & Internet Advertising Policy and constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
18. THIRD-PARTY BENEFICIARY
Vivendo is not your fiduciary or trustee. Nothing expressed or mentioned in or implied from these Conditions of Use and Participation is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Conditions of Use and Participation. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Vivendo and its affiliates, you, and relying buyers or sellers.
19. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE AND PARTICIPATION
19.1 Vivendo reserves the right to make changes to any Vivendo Services, policies, terms and conditions including these Conditions of Use and Participation at any time and in its sole and absolute discretion. Any changes will be effective upon posting of the revisions on the Website. All notice of changes to this Agreement will be posted on the Website for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You will be subject to the version of the Conditions of Use and Participation in force at the time that you use the Services.
19.2 YOUR CONTINUED USE OF THIS SITE AND THE SERVICE FOLLOWING VIVENDO'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, THEN YOUR ONLY REMEDY IS TO CEASE USE OF THE SERVICE OR THIS SITE.
If any of these Conditions of Use and Participation is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
21. NO WAIVER
If you breach these Conditions of Use and Participation and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use and Participation. Vivendo's failure to enforce the strict performance of any provision of these Conditions of Use and Participation will not constitute a waiver of Vivendo's right to subsequently enforce such provision or any other provisions of these Conditions of Use and Participation.
22. OUR CONTACT DETAILS
Vivendo.com is the trading name for Vivendo.com Limited. This website is owned and maintained by Vivendo.com Limited.
Flat 6, 20 Rosecroft Avenue, NW3 7QB
Registered in England and Wales
Company Registration No: 9325435
VAT Registration Number: 205 6203 49
23. NOTICES AND ELECTRONIC COMMUNICATIONS
23.1 When you use any Vivendo Services or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website or through the other Vivendo Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
23.2 Notices can be sent to you at the e-mail address you provided to Vivendo or posted on the Website. You may send notices to Vivendo at the address indicated in Section 22 above.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS
24.1 Because many products are listed and many customer reviews and comments are hosted on Vivendo the Website, it is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a "notice and action" basis. If you believe that your rights are being infringed, you may submit a notice, including all the necessary information to identify the infringement, to Vivendo through our contact form. We respond expeditiously to rights owners and their agents who complete and submit the notice to communicate concerns about any alleged infringement.
24.2 If you believe that any content on, or within a product advertised for sale on, the Website contains a defamatory statement, please notify Vivendo immediately by submitting a notice with the subject line "Defamation Notice [insert your name]", including in the text your name, contact details, description of defamatory content and specific location (URL) of such, as well as the reasons why you found it to be defamatory towards you.
24.3 Vivendo respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please notify Vivendo immediately by submitting a notice with the subject line "IP Infringement Notice [insert your name or trademark]", including in the text your name, contact details, trademark or copyrighted work and evidence of your rights over such, description of infringing content and specific location (URL) of such, as well as the reasons why you found it to be in violation of your rights.
24.4 Upon receipt of a notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a notice, you grant to Vivendo the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Vivendo for all claims brought by a third party against Vivendo arising out of or in connection with the submission of a notice.
24.5 Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on Vivendo.com and are posted solely on behalf of Third Party Sellers.
24.6 Important Warning: giving false, misleading or inaccurate information in the notice to Vivendo may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.