Terms of service
Overview
Welcome to VIVAXIL! "We," "us," and "our" refer to Pew Gun. Pew Gun operates this store and website, including all related information, content, features, tools, products, and services, with the aim of providing you, the customer, with a carefully curated shopping experience (hereinafter, "the Service"). Pew Gun is powered by Shopify, which allows us to provide the aforementioned services to you.
The specific terms of service set forth below, and any policies referenced in these terms of service (i.e., these "Terms of Service" or "Terms"), introduce the rights and responsibilities that govern your use of the Service.
Please read these Terms of Service carefully, as they contain important information about your legal rights, covering various aspects such as warranty disclaimers and limitations of liability.
By accessing, interacting with, or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy [Link]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Service.
Section 1 - Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any of your minor dependents to use our Service on a device owned, purchased, or managed by you.
To use the Service, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is correct, complete, and current, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our Products
We have made every effort to display our products and services accurately in our online store. However, please note that due to differences in the type of device you use to access the store and your device's settings and configuration, the actual colors or product appearance may vary from what you see on your screen.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations, nor do we guarantee that they will be exactly the same as described or presented on our online store.
All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
Section 3 - Orders
Your placement of an order constitutes an offer to purchase. VIVAXIL reserves the right, in its sole discretion, to accept or decline your order for any reason. Your order is not considered accepted until Pew Gun confirms acceptance of the order. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as once an order is accepted, Pew Gun may not be able to assist you with cancellation. If we do not accept, make changes to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Exchanges or returns for your purchase transactions are only permitted in accordance with our Refund Policy.
You represent and warrant that you are purchasing products for your personal or household use and not for commercial resale or export purposes.
Section 4 - Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, and this price information will also be listed in your order confirmation email. Unless explicitly stated otherwise, posted prices do not include taxes, shipping, handling fees, customs, or import duties.
Prices posted in our online store may differ from prices offered in physical stores or online or other stores operated by third parties. We may occasionally offer promotional offers for the Service that may affect pricing, and these promotional offers are governed and bound by separate terms of service, independent of these Terms. If there is a conflict between the promotional terms and these Terms, the promotional terms will govern.
You agree to provide complete, accurate, and current purchase, payment, and account information for all purchase transactions made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as1 needed.
You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
Section 5 - Shipping and Delivery
We are not liable for delays in shipping and delivery. All delivery times are estimates only, and we do not guarantee them. We are not liable for delivery delays caused by the carrier, customs processing, or events outside our control. Title and risk of loss for the products pass to you upon our transfer of the products to the carrier.
Section 6 - Intellectual Property
Our Service, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, video, and audio, as well as the related design, selection, and arrangement, are owned by Pew Gun, its affiliates, or licensors, and are protected by United States and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Service only for your personal, non-commercial use. You must not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms shall grant or be construed as granting you any license or other right to any patent, trademark, copyright, or other intellectual property right of Pew Gun, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. Pew Gun reserves all rights not expressly granted in these Terms.
The Pew Gun name, logo, product and service names, designs, and slogans are trademarks of Pew Gun or its affiliates or licensors. You must not use such marks without the prior written permission of Pew Gun. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
Section 7 - Optional Tools
As part of the Service, you may be provided with access to third-party customer tools, over which we neither monitor, control, nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Service (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
The Service may include materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Service and visit these materials or third-party websites, you do so entirely at your own risk.
We are not liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
Section 9 - Relationship with Shopify
[Merchant Note: This section accurately describes Shopify's relationship with your store and should not be deleted or modified.]
Pew Gun is powered by Shopify, which allows us to provide the Service to you. However, all sales and purchase transactions you conduct in our store are completed directly through Pew Gun. By using the Service, you acknowledge and agree that Shopify is not responsible for any matters related to any sales transactions conducted between you and Pew Gun, including any injury, damage, or loss caused by the purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to purchases and transactions between you and Pew Gun.
Section 10 - Privacy Policy
All personal information we collect through the Service is subject to our Privacy Policy, which can be viewed here [Link], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Service, you acknowledge that you have read these Privacy Policies.
Because the Service is hosted by Shopify, Shopify will collect and process Personal Information about your visit to and use of the Service in order to provide and improve the Service to you. Information you submit to the Service will be transmitted to and shared with Shopify and third parties, which may be located in countries outside of your location, in order to provide the Service to you. Please review our Privacy Policy [Link] for more details on how we, Shopify, and our partners use your Personal Information.
Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, copy, modify, publish, distribute, and display such Feedback in any media for any purpose (including commercial use). For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Service, and to fulfill and exercise our obligations and rights under these Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to submit all Feedback; (ii) you have disclosed any compensation or reward received for submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-pa2rty.
Section 12 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Service or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Section 13 - Prohibited Uses
You may access and use the Service only for lawful purposes. You are prohibited from accessing or using the Service, directly or indirectly, for any of the following purposes: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, o3r injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (g) to impersonate or attempt to impersonate any other individual or entity; or (h) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Pew Gun, Shopify, or users of the Service or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any of the prohibited uses in these Terms.
Section 14 - Termination
We may terminate this agreement or your access to the Service (or any part thereof) at any time without notice in our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other terms that by their nature should survive termination.
Section 15 - Disclaimer of Warranties
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Service, or anyone who may be informed of any of its contents.
Unless expressly stated by Pew Gun, the Service and all products and services delivered to you through the Service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow disclaimers of implied or other warranties, so the above disclaimer may not apply to you.
Section 16 - Limitation of Liability
To the maximum extent permitted by law, in no case shall Pew Gun, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or the foregoing parties related to SHOPIFY and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Section 17 - Indemnification
You agree to indemnify, defend, and hold harmless Pew Gun, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, paid to any third party arising out of or relating to: (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Service.
We will provide you with notice of any indemnifiable claim, and failure to provide timely notice will not relieve you of your indemnification obligations unless such failure materially prejudices you. We may control the defense and settlement of such claims at your expense, including the choice of counsel, but we will not settle any claim that requires you to assume a non-monetary obligation without your consent, which shall not be unreasonably withheld. You will cooperate with the defense of any indemnified claim, including providing relevant documentation.
Section 18 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 19 - Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 20 - Assignment
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or advance notice.
Section 21 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or regional courts of the jurisdiction where Pew Gun is headquartered. You and Pew Gun agree to the territorial and personal jurisdiction of such courts.
Section 22 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 23 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and the changes will take effect on the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 24 - Contact Information
Questions about the Terms of Service should be sent to us at marketing@vivaxil.com.
Our contact information is posted below:
[Insert Trade Name]
marketing@vivaxil.com
[Insert Business Address]
[Insert Business Phone Number]
[Insert Business Registration Number]
[Insert VAT Number]
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