Viva Vogue Terms of Sale

Thank you for patronizing the VivaVogue.com web site ("Site"). If you decide to purchase any Services, Products, Memberships or Subscriptions on this Site you agree to these Terms of Sale, along with our Terms of Sale and our Privacy Policy. E-Divas International Inc., d/b/a Viva Vogue, Inc., the company that operates and owns the Site (hereinafter "VV"), does reserve the right to change the Terms of Sale without notice to you directly. Do check the terms before making any purchase on the Site. VV will always include the date of the current Terms of Sale at the top of the page.

I. NON-COMMERCIAL, PRIVATE USE
Any Services, Products, Subscriptions and Memberships purchased by you on the Site are offered strictly for personal, non-commercial use. The delivery of any of our Products and Services to you does not transfer any promotional or commercial rights to your possession. Under this Terms of Sale agreement, you are prohibited from reselling, renting, leasing or providing Products or Services to any person. You are also prohibited from modifying, publishing, participating in the transfer or sale of, reproduction of (except as otherwise stated in the Terms of Sale). You are also prohibited from creating new works from any Products or Services sold on this site in whole or part. You are expressly prohibited from using any of VV's Products or Services for commercial advertising or mass mailing campaigns of any kind. VV does maintain the right to terminate Personal Accounts for violation of any of these rules.

II. SITE OPERATION BY VV
VV reserves the right to change, discontinue or suspect any of its Products or Services at any time. This includes the availability of any feature or content. VV also maintains the rights to set limited on certain services and features and to restrict access to all or part of its Products or Services without giving notice and without experiencing liability.

III. REGISTRATION AND SECURITY
In order to purchase any Services or Products from VV's Site, you must register and establish a personal account ("Personal Account"). You retain the sole responsibility for the accuracy of the information included in your Personal Account. We will protect your Personal Account in accordance to the guidelines set forth in our Privacy Policy. It is your responsibility to: (1) Update information in your Personal Account, as necessary; and (2) to maintain the confidentiality of your Personal Account, including passwords and registration information. You hereby agree to and accept liability for all activity that takes place on your Personal Account. You are not authorized to (1) gain access to or use the account of another person with the intend to impersonate the person; or (2) use an account of another without that person's express permission. Any failure to comply with the aforementioned constitutes a breach of the Terms of Sales and may result in immediate termination of your Personal Account.

Unauthorized Use of Your Personal Account
You retain the sole responsibility for all activity and usage on your Personal Account, including, but not limited to, the use of the account by another party authorized by you to do so. VV maintains sole discretion to terminate your Personal Account for any fraudulent, abusive or illegal activity that is associated with your Personal Account. VV retains the right to divulge information in your Personal Account or related to your personal use of the Site to third parties in the course of investigating abuse of our Services and Products. We also reserve the right to forward information to appropriate law enforcement agencies where applicable.

Notifying VV of Unauthorized Use of A Personal Account
It is your responsibility to notify VV of any suspected or known unauthorized use(s) of your Personal Account. You are also obligated to notify VV in the event of a suspected breach of security, including, but not limited to, loss, theft, or unauthorized disclosure of credit card information or password.

Minors Under the Age of 18
Minors under the age of 18 are only authorized to purchase Services or Products with the express permission of a guardian or parent. VV does reserve the right to terminate accounts, cancel orders, or refuse service at its sole discretion.

IV. FEES AND TAXES
Fees
It is your sole responsibility to pay all charges and fees associated with your purchase of Services or Products from the VV Site at the prices and rates that apply at the time of the billing period during which such charges and fees were incurred. VV holds in its right sole discretion to bill charges and fees to any payment method you have included in your Personal Account. Billing takes place at the time of purchase. VV does not offer price protection or refunds if the price of Products or Services previously purchased by you are lowered in the future or as part of a promotional offer. All Services and/or Products purchased on a non-Subscription basis (e.g., shipped products, individual downloads) and/or promotional offerings are not refundable. For refunds of Subscription, see the Subscriptions section that follows. Subscriptions are charged at a rate of $4.95 per month. Individual cards are available for $1.49 to $2.99.

Taxes
VV charges all applicable taxes in effect at the time of purchase for any and all purchases made on its Site. VV does not offer tax exemptions for purchases made on its Site.

V. VIVA VOGUE SUBSCRIPTIONS
Exclusive Free Membership:
VV offers an exclusive free membership to its site. If you choose to become a free member of VivaVogue.com, you are allowed to send any e-cards that VV has deemed to be a “Free eCard” without paying the purchase price of the card. VV periodically offers SPECFIC free e-cards that are clearly designated as free within the VV.com website. VV has the sole discretion to limit, change or discontine the free e-card offerings at anytime. Free e-cards can become paid and paid e-cards can become free at anytime, so we encourage our free users to check back often.

As a VivaVogue.com free member you are allowed to purchase any individual e-card on the Site for the posted cost. You are also granted access to VV exclusive benefits including entry to any and all contests; the ability to read and interact with the blogs; and ALL non-paid/subscription features on the site itself. You DO NOT have the ability to send unlimited e-cards. VV withholds the right to change the terms of the Free Subscription at any time.

Exclusive Subscrption Membership:
If you choose to become a Exclusive VV Member, we will charge the monthly Subscription fee to your selected payment method at the time of purchase. VV's monthly Subscription fee is $4.95. You retain the right to cancel your Membership anytime. You can find instructions for requesting a cancellation at the end of the Terms and Services under VV Customer Service Subscription Renewals. Subscriptions are automatically renewed at the end of the monthly term of Subscription unless: Your Subscription renewal is cancelled during your Subscription period; Instructions for cancellation are located in the VV Customer Service section of this document.

Trial Periods
VV does not offer free trial periods. We occasionally offer free cards.

Enhanced Membership
We may occasionally offer membership enhancements for our Subscription customers. These come at additional fees. For example, we may choose to offer an advertisement free membership, or bonus content. Enhancements may be added for an additional price, but may be cancelled in accordance with our cancellation policy. You have the right to renew your membership, and choose not to renew your enhancements. You are not able to renew enhancements without renewing the basic membership.

VI. PAYMENT METHODS
Credit Card Payment, Debit Cards
VV accepts most major credit cards and banking institution debit cards. If you pay for Services and Products using a credit or debit card account number on the Site or via the telephone, VV will charge the then-current price directly to your account. If you have purchased a Subscription, VV will automatically renew your Subscription and charge your monthly renewal directly to your credit card account at the then-current Subscription fee.

VII. VV AND THIRD-PARTY SERVICES AND PRODUCTS
Third parties do offer services and products for sale on the VV Site and/or through links directly to their sites. VV is does not claim responsibility for, nor does it warrant these products or services. VV does not claim or assume any liability or responsibility for the services and/or products offered by third parties. It is your responsibility to review the terms of sale, privacy policies and terms of services of any third-party site prior to purchase of products or services.

VIII. VV AND WARRANTIES
VV PROVIDES ITS SERVICES AND PRODUCTS "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, EXPRESSED OR IMPLIED WARRANTIES IN REGARD OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. VV DOES NOT ASSUME ANY RESPONSIBILITY FOR FAILURE OF PRODUCTS OR SERVICES. VV RESERVES THE RIGHT TO CHANGE ANY MATERIALS AVAILABLE ON ITS SITE WITHOUT NOTICE. VV DOES NOT ACCEPT LIABILITY FOR ANY PUNITIVE, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY KIND THAT MAY RESULT FROM YOUR USE OF SERVICES AND/OR PRODUCTS FROM ITS SITE.

IX. MISCELLANEOUS NOTICES
Law and Enforcement
VV's Terms of Sale applies to any purchase of its Services and Products and is governed by and construed in accordance to the laws of the State of Missouri. Any disputes that may arise between you and VV will be submitted to binding arbitration in Kansas City, Missouri, in compliance with the American Arbitration Association's standard rules in affect for arbitration of commercial disputes at the time, provided no disputes may be arbitrated on a class action or collective basis. Should any portion of this Terms of Sales be deemed unenforceable or invalid, that portion only will be deemed severable. It will not affect the validity or enforceability of other portions of this Terms of Sale.

Communications from VV
VV does reserve the right to send you electronic mail in regard to billing, administration or legal matters that might relate to the purchase of Services or Products.

VV Refund Policy
VV has a strict NO REFUND policy.

VV Customer Service
Should you have any questions regarding VV's Terms of Sale, or desire to request a cancellation of Membership or Subscription, please email us your name, account email address and phone number (for verification) to: cancellation@vivavogue.com. Cancellations are normally processed within 1 business day of their reciept. If you have any additional questions, please email us at: service@vivavogue.com.

©2008 VV, Inc. All Rights Reserved