Terms of Service

1. Eligibility to Use Services

Users: In compliance with the requirements of the Children's Online Privacy Protection Act (COPPA), VYA does not collect any information from any person under thirteen (13) years of age. If you are younger than age thirteen (13), you may not use these Services. Those between the ages of thirteen (13) and eighteen (18) (“Child User”) may use these Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms for the benefit of the Child User. If you are a parent or legal guardian agreeing to these Terms for the benefit of the Child User, you are fully responsible for the Child User's use of these Services.

Entities: If you use these Services on behalf of a company, partnership, association, or other entity, you hereby represent that you have the capacity to enter into these Terms on behalf of the entity, or that an authorized representative of the entity has agreed to bind the entity to these Terms.

2. Privacy Policy

Your use of these Services signifies your assent to the Privacy Policy. The Privacy Policy includes information on how VYA collects, processes, and discloses data and other personal information through these Services. You may access the Privacy Policy here: https://vyaplatform.com/privacy. Please read the Privacy Policy carefully.

3. Acceptable Use of Services

VYA hereby grants you permission to use these Services, provided that such use complies with these Terms. You acknowledge and agree that your use of these Services will adhere to the following restrictions and obligations.

4. Prohibited Use of Services

You are prohibited from, or assisting other persons in:

1. soliciting personal information for commercial or unlawful purposes, including hidden pages, links, or images, providing instructional information about illegal activities, or which threatens VYA's relationships with its partners, customers, or suppliers;
2. attempting to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invade someone's privacy;
3. disrupting the normal flow of these Services;
4. transmitting through these Services any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, or which may be discriminatory towards a person's or class of people's race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;
5. using these Services in a manner that is intentionally misleading, false, otherwise inappropriate, or harmful to others, including, but not limited to, providing VYA with an incorrect name, phone number, email, or other information, regardless of whether the content or its dissemination is unlawful;
6. posting or generating content that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;
7. using these Services in such a way that damages the image or rights of VYA, other users, or third parties;
8. sending spam or other direct marketing communications or posting, transmitting, or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
9. posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or other forms of computer programming or disabling mechanism;
10. using any robot, spider, or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from these Services;
11. intentionally or unintentionally violating, performing, or promoting any applicable local, provincial/state, national, or international law, including, but not limited to, any regulations having the force of law, and any laws regarding the export of data or software to and from the United States or other countries, while using or accessing these Services; or
12. engaging in any other conduct that restricts another's use or enjoyment of these Services, or that may harm VYA or its owners.

5. User Accounts

To purchase items through VYA, you must create a user account (“User Account(s)”) by providing certain required and optional registration details or other information to VYA, including your name, phone number, email, and Google account information. It is a condition of your continued use of VYA that all the information you provide is correct, current, and complete.

Representations and Warranties — Sourcing Program

YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SOURCING PROGRAM AT YOUR OWN RISK. THE SOURCING PROGRAM AND RELATED CONTENT ARE PROVIDED “AS IS,” AND VYA, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, EXPRESS OR IMPLIED, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. VYA, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SOURCING PROGRAM WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR OTHER MALWARE WILL BE TRANSMITTED THROUGH THE SOURCING PROGRAM. FURTHER, VYA MAKES NO REPRESENTATION OR WARRANTY THAT ANY ITEM REQUESTED BY A REGISTERED USER THROUGH THE SOURCING PROGRAM WILL BE LOCATED BY A PARTNER STORE, THAT THE FINAL PRICE WILL FALL WITHIN THE USER'S ESTIMATED RANGE OR PARTNER STORE'S ESTIMATED RANGE, OR THAT THE ITEM WILL BE FIT FOR THE REGISTERED USER'S PARTICULAR PURPOSE.

8. Intellectual Property Rights

VYA and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (individually and collectively, the “Content”) are owned by VYA, its licensors, or other providers of such material and are protected by applicable United States and international intellectual property or proprietary rights laws.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit these Services or Content, except as expressly permitted in these Terms. You have no right to sublicense the license rights granted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by VYA or its licensors, except for the licenses and rights expressly granted in these Terms.

9. Relationship with Merchants

VYA does not own any of the merchandise offered through these Services. VYA does not directly process payments for or directly hold inventory. All purchases of inventory on VYA's website must be completed directly with the individual store that owns and holds the inventory.

VYA does not handle shipping, exchanges, or returns of any merchandise offered through these Services. Please contact the store where you made your purchase for information on shipping, exchanges, and returns.

10. Copyright Infringement

a. Notices of Copyright Infringement

VYA takes claims of copyright infringement very seriously.

VYA will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from VYA infringe upon your copyright, you may request removal of those materials (or access to them) from VYA by submitting written notification to VYA's copyright agent, as designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

1. your physical or electronic signature;
2. identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
3. identification of the material you believe to be infringing in a sufficiently precise manner to allow VYA to locate that material;
4. adequate information by which VYA can contact you (including your name, postal address, telephone number, and, if available, email address);
5. a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
6. a statement that the information in the written notice is accurate; and
7. a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

VYA's designated copyright agent to receive DMCA Notices is:

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may be ineffective. Please be aware that if you knowingly materially misrepresent that material or activity displayed through these Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

VYA reserves the sole right to disable or terminate the accounts of users who are repeat infringers.

b. Counter Notices

If you believe that material you posted on VYA was removed or access to that material was disabled by mistake or misidentification, you may file a counter notification with VYA (a “Counter Notice”) by submitting a written notification to VYA's Copyright Agent, as designated above. Pursuant to the DMCA, the Counter Notice must substantially include the following information:

1. your physical or electronic signature;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
3. adequate information by which VYA can contact you (including your name, postal address, telephone number, and, if available, email address);
4. a statement, made under the penalty of perjury, by you stating that you have a good faith belief that the material identified above was removed or disabled due to a mistake or misidentification of the material to be removed or disabled; and
5. a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if you reside outside the United States, for any judicial district in which the Website may be found) and that you will accept service from the person (or agent of that person) who provided VYA with the complaint at issue.

The DMCA authorizes VYA to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity displayed through these Services was removed by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

11. Third-Party Content

While using these Services, VYA may provide you with access to third-party websites, information, and services, including, but not limited to, third-party databases, networks, servers, software, programs, systems, directories, applications, websites, payment processing services, and products. You hereby acknowledge that VYA does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. VYA does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services.

VYA DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM YOUR USE OF SUCH THIRD-PARTY WEBSITES AND SERVICES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST VYA WITH RESPECT TO THE CONTENT OR OPERATION OF ANY SUCH THIRD-PARTY WEBSITES AND SERVICES.

12. Representations and Warranties

YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THESE SERVICES AT YOUR OWN RISK. THESE SERVICES AND CONTENT ARE PROVIDED “AS IS,” AND VYA, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, EXPRESS OR IMPLIED, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. VYA, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THESE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR OTHER MALWARE WILL BE TRANSMITTED THROUGH THESE SERVICES.

13. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VYA AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED TWENTY DOLLARS ($20) OR THE AMOUNT YOU HAVE PAID TO VYA AND ITS SUBSIDIARIES AND AFFILIATES FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

14. Indemnification

To the fullest extent allowed by applicable law, you agree to indemnify and hold VYA, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to your (a) use of these Services (including any actions taken by a third party using your account); and (b) violation of these Terms.

15. Termination and Monitoring

VYA reserves the right to, in its sole discretion:

1. remove any user accounts or user content for any reason;
2. take any action with respect to any user content that VYA deems necessary or appropriate;
3. take any appropriate legal actions, including, but not limited to, referral to law enforcement for any illegal or unauthorized use of VYA or these Services; and
4. terminate or suspend your use or access to all or part of these Services for any reason, including violation of these Terms, violation of any applicable laws, or to protect the safety or property of other users, VYA, or third parties.

You may voluntarily choose to delete your account with VYA. Upon receipt of your request to delete your account, VYA will use commercially reasonable efforts to locate and remove your account and associated information within a commercially reasonable time. Please note that any information that you have submitted may not be removable.

16. Modification

VYA reserves the sole right to modify these Terms at any time, without prior notice, and at its sole discretion. The date of the last modification will be posted at the beginning of these Terms. By continuing to access or use these Services, you agree to be bound by these Terms as modified. It is your sole responsibility to check for updates to these Terms.

Any modifications to these Terms or other communications required or permitted hereunder will be given in writing either through the email you provide to VYA or a posting to VYA's website: https://vyaplatform.com.

17. Miscellaneous