WEBSITE TERMS OF SERVICE

Introduction

The following terms and conditions are the Terms of Service for our website: www.vainpursuits.com and any entity or property used by Vain Pursuits x (the “Site”) made available by Vain Pursuits (“the Company”, “we”, “us” or “our”).

The purpose of the Site is to provide information, products, and services relating to the Company's mission, approach and initiatives.

The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.

These Terms of Service constitute a legally binding agreement between you and the Company regarding your use of and access to the Site.

These Terms of Service do not alter in any way the terms and conditions of any other agreement you may have with the Company, unless otherwise agreed to in writing by the Company. If you breach any of these Terms of Service, the Company may automatically terminate your authorization to use the Site, and you must immediately destroy any Contents in your possession and discontinue all use of the Site.

Provision of the Site by the Company

You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.

You acknowledge and agree that the Company may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at the Company’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform the Company when you stop using the Site or any of its features.

You acknowledge and agree that if the Company disables access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.

Use of the Site by You

If you use the Site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority, you may use the Site only with involvement of a parent or guardian. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:

  • be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
  • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
  • transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
  • modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
  • advocate or encourage any illegal activity;
  • infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of the Company or any third party;
  • violate the privacy of any individual, including users of the Site; or
  • violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).
  • resell, use the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents for commercial purposes or interests;
  • download or copy account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools;
  • reproduce, duplicate, copy, sell, resell, visit, or otherwise exploited for any commercial purpose without the express written consent of Vain Pursuits. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vain Pursuits without express written consent. You may not use any meta tags or any other "hidden text" utilizing Vain Pursuits’ name or trademarks without the express written consent of Vain Pursuits.

In order to access certain products and services or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to the Company will always be accurate, correct and up to date.

You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Service and for the consequences (including any loss or damage which the Company may suffer) of any such breach.

Billing, Payment & Credit Card Information

When you place your first order, we will save your credit card information for use on all future purchases. Any automatic billing and/or charges, as per the membership rules described upon sign-up, will be automatically applied to your saved credit card unless you notify us in advance by emailing care@vainpursuits.com. We accept Visa and Mastercard as forms of payment. If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.  

Use of Credits as Payment

Credits are valid for 6 months from the date of issue. If you do not use all of your credits, the remaining credits will remain in your account. You may not use partial amounts of credit.

Credits via Invitation & Referral

Vain Pursuits members are eligible to accrue credits through various means including: referring friends, social media sharing. Other methods for acquiring credits are in the works, we are constantly looking to create new ways to engage our members.  Credits earned through the Referral program are only redeemable 30 days after the invitee’s first purchase with a subtotal above $49. An invitee must purchase within 7 days to grant the inviter store credit. Any orders placed, that infringe on these guidelines can and will result in the cancellation of said order and will be treated as fraudulent.

Contacts & Information Imported via Sharing

Any contact information imported or shared with another person may be stored privately by Vain Pursuits, as well as the personal information of any recipient. We may also use that recipient’s contact information to allow him or her to view and accept your gift, or to allow the recipient to access the information you requested we send.

Returns & Exchanges

Vain Pursuits wants you to be happy with your purchase. If you are unhappy with your purchase, please contact Customer Care at care@vainpursuits.com to receive further instructions.

International Site Access

This site, www.vainpursuits.com, can be accessed from countries other than the United States and Canada. Vain Pursuits may offer products or references to products that are not available outside of the United States and Canada. Any such products or references to products do not imply that such products will be made available outside the United States and Canada. If you access and use www.vainpursuits.com outside the United States and Canada you are responsible for complying with your local laws and regulations.

Product Descriptions

Vain Pursuits has made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.

Participation in News, Events, Submissions and Comments

The Site encourages submissions to almost any aspect of our Site. As a user content driven site directly related to your community, you are welcome to post any events, news items, photos, comments, classifieds or businesses (“User Content”). You acknowledge and agree that if you submit any User Content to the Site you will be solely responsible for such User Content. The Company will not be liable in any way for any such User Content submitted. You further agree that you will not:

  • submit any User Content which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way.

  • submit any User Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights;

  • submit any User Content which contains a virus or other harmful components;

  • engage in activity that interferes with or disrupts the use of the Site by other users;

  • submit any User Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities;

  • make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity; or

  • make use of any User Content for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted.

When submitting ANY User Content in ANY form to the Site, whether it be via message services, events, news, or comments, you are solely responsible for the content of any comments you make. You agree that no comments submitted by you to the Site will:

  • violate any right of any individual, group, community or business, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights;

  • be libelous or contain libelous or other otherwise unlawful, slanderous abusive, or obscene material, or constitute the misappropriation of trade secrets of any third party;

  • disparage the products or services of any third party; or

  • contain any personal information (other than your user name).

the Company does not pre-screen, monitor or edit the User Content posted or submitted to the Site. However, the Company reserves the right to edit, limit or remove any such User Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.

You hereby irrevocably assign all IP in User Content to the Company, waive all moral rights therein.

When participating in any publicly posted User Content on the Site, you may be exposed to User Content that is inaccurate, incomplete or unsuitable. The nature of the Site is to allow opinions and ideas, without infringing on others rights. Please notify the Company (with the contact information posted at the bottom of this document) of any illegal or inappropriate User Content, and the Company will take appropriate action. The Company will ensure that any offending comments are removed, and take appropriate action against the offender. The Company will not be responsible for the User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.

The Company may establish procedures and practices relating to the use of and participation in the Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion. The the Company will not be responsible for any User Content deleted by the Company or otherwise, or for your inability to submit any User Content.

Click-Through Agreements

Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “Get Great Skin Today”. Any special terms and conditions to which you agree will supplement and amend these Terms of Service.

Privacy and Personal Information

We may use your email address to verify your identity, protect against fraud, and contact you. In addition, we may use it to send you updates about your user account and the Site. Your personal information will not be released to any third party. The list of Site members will not be bought, sold, loaned, re-appropriated, re-used, given or provided outside of the Company for any reason. Any information you may receive from a third party via the Site will be facilitated and sent through the Company, not through the third party.

For more information about the Company’s treatment and protection of personal information, please read our privacy policy at www.vainpursuits.com/privacy. This policy explains how the Company treats your personal information, and protects your privacy, when you use the Site.

Questions or requests with respect to your personal information may be sent via email to care@vainpursuits.com.

Ownership of Intellectual Property Rights

All content included on the www.vainpursuits.com site - such as text, without limitation, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software - is the property of the Company or content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content on the Site is the exclusive property of the Company and protected by Canadian and international copyright laws. All software used on the the Site site is the property of the Company or its software suppliers, and protected by Canadian and international copyright laws.

www.vainpursuits.com, Vain Pursuits, and other marks indicated on our site are trade-marks or registered trade-marks of Vain Pursuits in Canada and other countries. Vain Pursuits graphics, logos, page headers, button icons, scripts, and service names are trademarks of Vain Pursuits. Vain Pursuits’ trade-marks may not be used in connection with any product or service that is not Vain Pursuits’ , in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vain Pursuits. All other trade-marks not owned by Vain Pursuits or its affiliates that appear on the www.vainpursuits.com site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vain Pursuits.

You may not use any Vain Pursuits logo or other proprietary graphic or trade-mark as part of the link without express written permission.

The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of the Company, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with the Company, nothing in these Terms of Service gives you a right to use any of the Contents, the Company’s trade-marks or other intellectual property of the Company.  You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.

You may use the Site and the Contents solely for your non-commercial and limited personal use and for no other purposes.

No information or statement contained in these Terms of Service or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of the Company or any third party.  You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.

You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of the Company or its owner if the Company is not the owner.

Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

You may not create a link to the Site without the Company’s prior permission.  We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray the Company or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.

The limited rights granted to you under these Terms of Service may be revoked by the Company at any time for any reason whatsoever.

Links to third party websites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site.  The Company does not control and is not responsible for any of such third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. The Company does not endorse or make any representations about such third party websites or any information, software, products and services located there, or any results that may be obtained from using such software, products and services.  If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.  You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.

Intellectual Property Infringement

We take intellectual property rights, both our own and others, very seriously.

If you are an owner of intellectual property (or the owner's authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify us using the following procedure:

Please send a written notice of intellectual property infringement to:

  • In your written notice, please provide the following information:
  • Identification of the intellectual property claimed to have been infringed;
  • Identification of the Contents that you claim are infringing your intellectual property;
  • Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that you believe that use of the Contents in the manner complained of is not authorized by the owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Third-Party Information

Any third-party content, data or publications made available through the Site are furnished by the Company on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of the Company. Any third-party content, data or publications made available through the site are furnished by the company on an as-is basis for your convenience and information. any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the site, are those of the respective author(s) or publisher(s) and not of the company. the company disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.

No warranty

You expressly understand and agree that your use of the site is at your sole risk and that the site and the contents are provided “as is” and “as available.”

In particular, the company and its licensors do not represent or warrant to you that:

(a)            your use of the site will meet your requirements,

(b)            your use of the site will be uninterrupted, timely, secure or free from error,

(c)            any information obtained by you as a result of your use of the site will be accurate or reliable, and

(d)            that defects in the operation or functionality of any software provided to you as part of the site will be corrected.

Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from the company or through or from the site shall create any warranty not expressly stated in these Terms of Service.

The the company further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Limitation of liability

Subject to section above, you expressly understand and agree that the company, and its licensors shall not comment to the extent permitted by law be liable to you for:

(a)            any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability including, but not limited to, any loss of profit, loss of goodwill or business reputation, loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; and

(b)            any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

(i)              any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the site;

(ii)            any changes which the company may make to the site, or for any permanent or temporary cessation in the provision of the site (or any features within the site);

(iii)           the deletion of, corruption of, or failure to store, any user content and other communications data maintained or transmitted by or through your use of the site;

(iv)           your failure to provide the company with accurate account information;

(v)             your failure to keep your password or account details secure and confidential.

The limitations on the company’s liability to you in this section shall apply whether or not the company has been advised of or should have been aware of the possibility of any such losses arising.

Termination

We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

If you want to terminate your account with the Company, you may do so by closing your account, where the Company has made this option available to you.

When these Terms of Service come to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time while the Terms of Service have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Service, and (b) your use of the Site.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

General

These Terms of Service together with any additional terms and Privacy Policy constitute the entire agreement between you and the Company relating to your use and our provision of the Site.

You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.

If any provision of these Terms of Service is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Service and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

The laws of the Province of Quebec and the federal laws applicable therein shall govern these Terms of Service in all respects, without giving effect to conflicts of laws principles.  All disputes arising out of or related to the Terms of Service wil be submitted to the exclusive jurisdiction of the municipal court of Montreal.

No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.

Obtaining the Company's Consent

To request the consent of the Company for any of the actions for which such consent is required under these Terms of Service, please send an e-mail to care@vainpursuits.com.  The Company reserves the right to refuse any such requests in its sole discretion.

You may not use any Vain Pursuits logo or other proprietary graphic or trademark as part of the link without express written permission.