Interpretation and Definitions

Interpretation

Words with initial capitalization carry specific meanings outlined under the following conditions. These definitions apply whether they appear in singular or plural form.

Definitions

• Affiliate: An entity that controls, is controlled by, or is under common control with a party, where “control” signifies ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

• Account: A unique account created for You to access our Service or parts of our Service.

• Company: (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to VARIETYMALLONLINE.COM.

• Country: Refers to the USA.

• Content: Encompasses text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.

• Device: Any device that can access the Service, such as a computer, a cell phone, or a digital tablet.

• Feedback: Includes feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.

• Service: Pertains to the Website VARIETYMALLONLINE.COM.

• Terms of Service: (also referred to as “Terms”) designates these Terms of Service, constituting the entire agreement between You and the Company regarding the use of the Service.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service establish the rights and obligations of all users concerning the use of the Service.

Your access to and use of the Service are contingent upon Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service, You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service are also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service, and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine-generated, or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
• Impersonating any person or entity, including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We uphold the intellectual property rights of others. Our policy is to respond to any claim that Content posted on the Service infringes upon the copyright or other intellectual property rights of any person.

If you are a copyright owner or authorized representative and believe that Content on the Service infringes upon a copyright, you must submit a written notice to our copyright agent via email ([email protected]). Include in your notice a detailed description of the alleged infringement.

Please note that making a false claim of copyright infringement may result in accountability for damages, including costs and attorneys’ fees.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You can submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (refer to 17 U.S.C 512(c)(3) for more details):

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
• A description of the copyrighted work you claim has been infringed, including the URL (web page address) where the copyrighted work is located or a copy of the copyrighted work.
• Identification of the URL or specific location on the Service where the allegedly infringing material is situated.
• Your address, telephone number, and email address.
• A statement by you, made under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you that the information in your notice is accurate, and you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact our copyright agent via email ([email protected]). Upon receiving a notification, the Company will take appropriate action at its discretion, including removing the contested content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws in both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without prior written consent from the Company.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback you provide to the Company. In the event such assignment is ineffective, you grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restrictions.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further 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 content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including a breach of these Terms of Service.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, simply discontinue using the Service.

Limitation of Liability

Regardless of any damages you might incur, the entire liability of the Company and its suppliers under any provision of these Terms, and your exclusive remedy for all such matters, shall be limited to the amount actually paid by you through the Service, or 100 USD if you have not made any purchases through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy, arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Please be aware that certain states may not permit the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, some or all of the above limitations may not apply to you. Nevertheless, if such circumstances arise, the exclusions and limitations as outlined in this section shall be enforced to the fullest extent allowed by applicable law.

Disclaimer of “AS IS” and “AS AVAILABLE”

The Service is provided to you in its current state, “AS IS,” and “AS AVAILABLE,” with all inherent faults and defects, and without any form of warranty. To the fullest extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates, licensors, and service providers, explicitly disclaims all warranties, whether express, implied, statutory, or otherwise, regarding the Service. This disclaimer encompasses all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties that might arise from the course of dealing, course of performance, usage, or trade practice.

Without limiting the above, the Company does not provide any warranty or commitment and does not make any representation that the Service will meet your requirements, achieve your intended results, be compatible or function with other software, applications, systems, or services, operate without interruptions, meet any specific performance or reliability standards, be error-free, or that any errors or defects can or will be corrected.

Additionally, neither the Company nor any of its providers make any express or implied representation or warranty: (i) regarding the operation or availability of the Service, or the information, content, and materials or products included therein; (ii) that the Service will be uninterrupted or free from errors; (iii) concerning the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.

Please be aware that some jurisdictions may not allow the exclusion of certain types of warranties or the imposition of limitations on the applicable statutory rights of consumers. As a result, some or all of the above disclaimers and limitations may not apply to you. Nevertheless, if such circumstances arise, the exclusions and limitations as outlined in this section shall be enforced to the fullest extent allowed by applicable law.

Governing Law

These Terms and your use of the Service shall be governed by the laws of the United States without regard to its conflict of law principles. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

If you have any concerns or disputes regarding the Service, you agree to initially attempt to resolve the dispute informally by reaching out to the Company.

For European Union (EU) Users

If you are a consumer in the European Union, you may have certain mandatory rights under the laws of your country of residence.

United States Legal Compliance

You confirm and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

Severability and Waiver

Severability: If any provision of these Terms is found to be unenforceable or invalid, it will be modified and interpreted to fulfill the objectives of that provision to the maximum extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver: Except as otherwise stated herein, the failure to exercise a right or require performance of an obligation under these Terms will not affect a party’s ability to exercise such right or require such performance at any time in the future, nor will the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Service

We retain the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is significant, we will make reasonable efforts to provide at least 30 days’ notice before the new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after these revisions become effective, you agree to be bound by the revised terms. If you do not agree with the new terms, in whole or in part, please discontinue using the website and the Service.

Contact Us

If you have any questions regarding these Terms of Service, you can reach us:

• By visiting the Contact Us page on our website.
• By sending us an email: contact@varietymallonline.com