TERMS OF SERVICE AND USER AGREEMENT
Table of Contents:
1. AGREEMENT FRAMEWORK AND DEFINITIONS
2. SCOPE OF SERVICES AND PLATFORM USAGE
3. ACCOUNT REGISTRATION AND SECURITY
4. CONTENT STANDARDS AND PROHIBITED ACTIVITIES
5. TERMINATION OF ACCESS AND CONSEQUENCES
6. DISCLAIMERS AND LIMITATIONS OF LIABILITY
7. INDEMNIFICATION CLAUSE
8. GOVERNING LAW AND JURISDICTION
9. DISPUTE RESOLUTION; MANDATORY ARBITRATION AND CLASS ACTION WAIVER
10. CONTACT AND SUPPORT
1. AGREEMENT FRAMEWORK AND DEFINITIONS
1.1 Acceptance of Terms
Welcome to the Terms of Service (the "Terms") for VitrinaUSA.com. These Terms constitute a legally binding agreement between Multichoice Group, Inc., a Georgia corporation (referred to herein as the "Company," "Platform," "we," "us," or "our") and you, the individual or entity accessing the services (referred to herein as "you" or the "User"). By accessing, browsing, registering for, or using VitrinaUSA.com and any associated digital properties or affiliated sites that reference these Terms (collectively, the "Sites"), you explicitly acknowledge that you have read, understood, and agreed to be bound by:
(i) these Terms of Service;
(ii) our Privacy Policy; and
(iii) the terms and conditions of any specific purchase orders, promotional offers, or advertising agreements you or your affiliates may enter into with the Company (collectively, the "Agreement").
1.2 Modifications and Applicability
These Terms and our Privacy Policy apply to every visitor, guest, and registered User of the Sites. Your continued access or use of the Sites signifies your full acceptance of these legally binding obligations. You acknowledge and agree that the Company reserves the right to revise, modify, update, or replace these Terms and/or the Privacy Policy at any time, at its sole discretion, without the requirement of providing direct individual notice to you. It is your sole responsibility to review these Terms periodically for changes.
Furthermore, you understand that the Company retains the right to modify, limit, suspend, discontinue, or terminate the Sites or any specific feature or functionality of the Sites at any time without liability. If you do not agree with any part of these Terms or our Privacy Policy, you are strictly prohibited from accessing or using the Sites.
1.3 Definitions
For the purposes of strictly interpreting these Terms and the Agreement:
- "Applicable Laws" refers to the internal laws of the State of Georgia, as well as all applicable United States federal laws, state regulations, and international laws, including but not limited to statutes governing online privacy, consumer protection, child safety, anti-discrimination, fair advertising, and electronic communications.
- "Confidential Information" refers to any non-public information disclosed by one party to the other that is explicitly marked as confidential or that a reasonable person would interpret as confidential given the nature of the data and the context of disclosure. This includes technical data, operational methods, and business insights related to the services. "Confidential Information" excludes information that: (a) becomes public knowledge through no fault of the receiving party; (b) was already lawfully known to the receiving party prior to disclosure; (c) is independently developed without reference to the disclosing party’s information; or (d) is lawfully obtained from a third party who has no duty of confidentiality.
- "Content" refers to any and all material, including but not limited to advertisements, listings, written text, photographs, graphics, audio recordings, video files, data compilations, or other digital materials that a User submits, uploads, or makes available on the Sites.
- "Submission" (or "Post") refers to any instance of Content that a User lists, uploads, publishes, transmits, displays, or causes to be displayed via the Sites.
- "Sites" refers to VitrinaUSA.com, related digital publications, and any affiliated online properties owned or operated by Multichoice Group, Inc. that link to these Terms.
- "User" (or "Users") refers to any individual or legal entity that accesses, visits, browses, registers for, or uses the Sites, or that interacts with any Content hosted on the Sites.
2. SCOPE OF SERVICES AND PLATFORM USAGE
2.1 Description of Services
VitrinaUSA.com operates as an online classifieds and advertising marketplace designed to facilitate connections between Users and support various everyday transactions. These Terms govern all services provided through the Sites. The Company grants Users the capability to create Submissions and Content related to, including but not limited to:
- The buying, selling, or trading of goods and personal property;
- Soliciting or offering professional and personal services;
- Employment listings and job-seeking activities;
- Real estate rentals, leases, and property listings;
- Business-to-business and professional advertising;
- Community news, events, and informational announcements; and
- Other lawful categories and classifications supported by the Platform architecture.
2.2 User-to-User Interactions
By using the Company’s classifieds and advertising tools, Users may enter into direct negotiations, agreements, or contracts with other Users. You explicitly acknowledge that the Company is not a party to these arrangements. As with any online marketplace environment, interactions involve inherent risks. Each User is solely and exclusively responsible for conducting due diligence on other Users, deciding whether to submit Content, and determining whether to engage in communications or transactions. The Company bears no responsibility for the outcomes, quality, legality, or safety of such decisions and interactions.
2.3 License Grant to Company
Subject to the provisions of these Terms, by creating a Submission or posting Content, the User hereby grants the Company a perpetual, continuing, non-exclusive, irrevocable, worldwide, royalty-free, fully sublicensable license to host, store, cache, reproduce, adapt, edit, reformat, translate, distribute, publicly display, perform, and create derivative works from said User Content. This license is granted for the purposes of operating, promoting, marketing, and improving the Sites and Services.
2.4 License Grant to User and Restrictions
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Sites. You agree not to deploy, use, or provide any automated software, bots, tools, or services that interact with the Company’s systems for the purposes of account creation, auto-login, auto-posting, mass reporting, messaging, searching, data scraping, or data extraction without our express prior written consent.
Prohibition on Scraping: Users are strictly prohibited from copying, scraping, harvesting, crawling, or collecting the Company’s Content or database information using robots, spiders, scripts, scrapers, or other automated or manual data mining methods. Users are further prohibited from republishing, syndicating, or displaying Company data or Content on external platforms without the Company’s prior written authorization.
2.5 Device and Network Access
Users may access the Sites using compatible hardware and internet connections. The Company makes no warranty that the Sites will function without interruption or error on every specific device, operating system, browser, or network configuration. Users assume full responsibility for any data charges, internet fees, or costs imposed by their mobile or internet service providers in connection with accessing the Sites.
2.6 Telephony and SMS Consent
To facilitate account security, registration, and core platform functionality, the Company may request your consent to contact you via telephone or SMS (text message).
By voluntarily providing your mobile phone number and completing the registration or verification process, you expressly authorize the Company to use this number for:
- Account initialization and identity verification (e.g., 2FA);
- Service-related alerts and security notifications;
- Password resets and access recovery;
- Informational messages directly pertaining to your activity on the Sites.
We do not engage in spam SMS practices and we do not sell or transfer phone numbers to third parties for their marketing purposes. Where applicable by law, you may opt out of SMS communications by replying “STOP.” However, you acknowledge that opting out may prevent the delivery of critical security or transactional messages necessary to protect your account.
2.7 Reservation of Rights
Except for the limited licenses expressly granted to you in these Terms, all rights, title, and interest are reserved by the Company. The Company retains full ownership of the Sites, including the platform’s underlying code, architecture, design, interfaces, and any proprietary content or tools provided by the Company.
2.8 Paid Promotions and Subscriptions
The Company may provide optional premium services intended to enhance the visibility, placement, or aesthetics of Submissions ("Paid Promotional Services"). These offerings may include, but are not limited to, "featured" status, boosted ranking, priority display, banner advertisements, or other marketing tools. Certain Paid Promotional Services may be offered on a recurring subscription basis, provided this is clearly disclosed at the point of purchase.
2.9 Cancellation of Recurring Services
If you subscribe to a Paid Promotional Service that involves recurring billing, you may cancel the subscription at any time by following the instructions provided during checkout or within your account settings management page. To avoid being charged for the subsequent period, cancellation must be fully completed prior to the next scheduled billing date, in accordance with the terms of the specific plan.
2.10 Refund Policy and Finality of Sales
Paid Promotional Services are digital products that are consumed upon delivery. Once a service has been activated, displayed, or otherwise initiated on the Sites, it is deemed fully rendered and consumed. Consequently, all fees paid for promotional placements are non-refundable after activation, except where a refund is strictly required by Applicable Laws. You acknowledge that the Company makes no guarantees regarding specific performance metrics, such as a guaranteed number of views, leads, inquiries, or sales resulting from the paid promotion.
3. REGISTRATION AND USE OF SITES
3.1 Eligibility and Registration
A User may register for and use the Sites only if they have reached the age of majority and possess the legal capacity to enter into contracts under Applicable Laws. If you are registering on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms. Upon successful registration, the Company may issue login credentials to access account-specific features.
The Company reserves the right to suspend or terminate access immediately if a User violates these Terms or the terms of any paid service. Suspended Users are prohibited from accessing the Sites unless explicitly reinstated by the Company. The Company retains the right to deny access or terminate any account at any time, for any reason or no reason, with or without cause.
3.2 Account Security and Integrity
Each User is generally permitted to maintain only one account unless specifically authorized otherwise by the Company. You may not buy, sell, rent, or transfer your account to another party. You must provide accurate, current, and complete information during the registration process and maintain the accuracy of such information. The submission of false, misleading, or incomplete information constitutes a material breach of these Terms and may result in immediate account termination.
3.3 Responsibility for Account Activity
You are solely responsible for all activity that occurs under your account and for maintaining the confidentiality of your password and access credentials. You must immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to safeguard your account access.
3.4 User Conduct
You are solely responsible for the Content you post. You agree not to distribute misleading, unlawful, unsolicited, or harmful communications to other Users. You may not send spam, chain letters, fraudulent offers, or deceptive schemes. You may not upload viruses, trojan horses, malware, or any other technological nuisance that could impair the operation of the Sites. You may not abuse the platform’s reporting or flagging tools.
3.5 Email Communication Consent
By registering an account or using the Sites, you provide your email address and expressly consent, where permitted by Applicable Laws, to receive communications from the Company and its affiliates, including but not limited to transactional, informational, service-related, and promotional messages.
Such communications may include account notifications, security alerts, service updates, offers, advertisements, newsletters, and other marketing materials. You understand that these communications may be sent via email and, where applicable, other permitted communication channels.
You may opt out of receiving marketing or promotional communications at any time by following the unsubscribe instructions included in such messages or by contacting support. However, you acknowledge and agree that you will continue to receive essential communications related to your account, transactions, security, and legal obligations.
3.6 Operational Policies
The Company is entitled to establish operational guidelines and rules regarding account activity, including policies concerning the termination of inactive accounts, data retention periods, Content removal criteria, or other practices necessary to maintain the integrity of the platform and business operations.
3.7. Consent to Receive SMS Messages
By providing your mobile phone number and completing the registration or verification process, you expressly consent to receive informational and transactional SMS messages from VitrinaUSA.com | Multichoice Group, Inc. These messages are strictly limited to account-related purposes, including but not limited to identity verification, security notifications, and password reset confirmations. No promotional or marketing messages will be sent via SMS. Message frequency may vary. Message and data rates may apply depending on your mobile carrier and service plan. You may opt out of receiving SMS messages at any time by replying STOP to any message. For assistance, reply HELP or contact our support team. You acknowledge that consent to receive SMS messages is not a condition of using the Site or purchasing any services. The Company is not responsible for delays or failures in message delivery caused by mobile carriers or third-party service providers.
4. CONTENT STANDARDS AND PROHIBITED ACTIVITIES
4.1 Moderation Rights
The Company reserves the right to review, screen, approve, restrict, or reject any User Content at its sole and absolute discretion, particularly where Content appears to violate these Terms, Applicable Laws, or the specific rules of Paid Promotional Services. The Company may moderate User access and Content through various means, including blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating access to accounts or Submissions. You agree not to take action to circumvent these moderation measures.
The Company assumes no liability for its decision to moderate or not moderate any specific Content. We reserve the right to preserve records and take any appropriate action, including legal recourse, to ensure platform safety and regulatory compliance.
4.2 User Representations Regarding Content
You represent and warrant that:
- The Content is created originally by you, or you have valid authority and permission to post it;
- All images, text, media, and data included in the Content are authorized for use;
- You have reviewed, verified, and approved the Content prior to submission;
- Titles, headlines, and descriptions do not misrepresent the nature of the item or service;
- You will not improperly distribute or misuse data obtained from the Sites; and
- The Content does not infringe upon the intellectual property rights, privacy rights, or proprietary rights of any third party.
4.3 Prohibited Content and Activities
You are strictly prohibited from posting Content or using the Sites in connection with any of the following:
- General Unlawful Activity: Any activity that violates local, state, federal, or international law.
- Obscene or Illegal Material: Content that is obscene, pornographic, defamatory, libelous, abusive, threatening, or otherwise illegal.
- Hate and Violence: Content that promotes hate speech, violence, incitement to violence, or discrimination against individuals or groups based on race, religion, gender, or other protected status.
- Terrorism: Promotion or support of terrorist organizations or criminal enterprises.
- Interference: Actions that interfere with Site operations, infrastructure, or other Users’ ability to access the Sites.
- Unauthorized Data Collection: Collecting personal information about other Users without their consent.
- Malicious Code: Uploading spyware, viruses, corrupted files, ransomware, or harmful code.
- IP Infringement: Content that infringes on patents, trademarks, trade secrets, copyright, or Confidential Information.
- Sanctions Violations: Violations of U.S. trade sanctions, embargoes, or export restrictions.
4.4 Specific Prohibited Items and Services
Users may not Post, list, or offer items or services that fall into the following categories:
- Deceptive Practices: Listings that are fraudulent, false, misleading, or "bait-and-switch" schemes.
- Gambling: Lottery tickets, sweepstakes, slot machines, or gambling services where restricted by law.
- Adult Content: Sexually explicit materials, adult services, or content purely adult in nature.
- Child Exploitation: Any material related to the exploitation, endangerment, or sexualization of minors (CSAM).
- Illegal Services: Any connection to illegal prostitution, sex trafficking, or human trafficking.
- Weapons: Firearms, ammunition, explosives, silencers, or related regulated components.
- Sensitive Data: Listings containing social security numbers, financial data, or sensitive identification documents.
- Government Documents: Official government IDs, badges, insignias, or documents offered unlawfully.
- Hazardous Goods: Hazardous materials, toxic substances, recalled products, stolen property, counterfeit goods, or pirated media.
- Drugs and Paraphernalia: Controlled substances, illegal drugs, prescription medications, or drug paraphernalia.
- Regulated Substances: Alcohol, tobacco, or nicotine products where restricted or prohibited by platform policy.
- Discriminatory Listings: Housing, rental, or employment listings that discriminate in violation of the Fair Housing Act or EEOC regulations.
4.5 Manipulation and Spam
Users may not manipulate search visibility or rankings, use irrelevant keywords (keyword stuffing), create Submissions designed primarily to redirect traffic to external third-party websites, or engage in spam-like promotion of unrelated products or services.
4.6 No Professional Advice
The Company does not guarantee the accuracy, completeness, or quality of Content, and Users should not rely on Submissions as professional advice. You should consult qualified, licensed specialists (e.g., attorneys, accountants, medical professionals, real estate agents) before acting based on any Content found on the Sites.
4.7 Disclosure of Information
The Company reserves the right to disclose User Content, account data, and related information to third parties if we believe such disclosure is reasonably necessary to operate the Sites, enforce these Terms, protect the rights and safety of the Company and its Users, comply with legal obligations, or respond to lawful requests from governmental authorities.
4.8. DATING AND PERSONAL INTERACTIONS
The Sites also include a section intended for personal connections, introductions, and dating-related interactions between Users (the “Dating Section”). By accessing or using the Dating Section, you expressly acknowledge and agree to the following terms.
You understand and agree that the Company does not conduct background checks, identity verification, criminal screenings, or any form of due diligence on Users. The Company does not verify the accuracy, completeness, or authenticity of any User profiles, photographs, statements, or communications. Any information provided by Users may be inaccurate, misleading, or intentionally deceptive.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE DATING SECTION IS AT YOUR SOLE RISK.
All interactions between Users, whether initiated through the Site or conducted outside of the platform, are solely between the Users involved. The Company does not facilitate, control, direct, or assume responsibility for any communications, meetings, relationships, transactions, or interactions between Users.
The Company has no obligation to monitor User activity, screen communications, or verify User conduct, and makes no representations regarding the character, identity, intentions, legitimacy, or behavior of any User.
You assume full responsibility for all decisions you make, including but not limited to communicating with other Users, sharing personal information, and arranging or attending in-person meetings. You acknowledge that interactions with individuals met online involve inherent and significant risks, including but not limited to fraud, misrepresentation, harassment, stalking, theft, emotional harm, bodily injury, or death.
To the maximum extent permitted by Applicable Laws, you hereby release, waive, and discharge the Company, its affiliates, officers, directors, employees, contractors, agents, and partners from any and all claims, demands, liabilities, damages, losses, or expenses of any kind, whether known or unknown, arising out of or related to:
- your interactions or communications with other Users;
- any meetings, encounters, or relationships formed through the Dating Section;
- any acts, omissions, or conduct of other Users;
- any reliance on information provided by other Users.
You further agree that the Company shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages resulting from or related to any User interactions within the Dating Section, even if the Company has been advised of the possibility of such damages.
You agree to use the Dating Section in a lawful and respectful manner and not to engage in any prohibited conduct, including but not limited to:
- impersonating any person or misrepresenting your identity or intentions;
- engaging in harassment, threats, abuse, or coercion;
- soliciting or offering illegal services, including prostitution or human trafficking;
- posting or transmitting unlawful, explicit, or exploitative content;
- attempting to contact or engage with minors for any purpose.
The Company reserves the right, but not the obligation, to review, remove, restrict, or terminate any Content or User account within the Dating Section at its sole discretion, without notice and without liability.
You acknowledge that the Company does not act as a dating service provider, matchmaker, or intermediary, and does not endorse or guarantee any connections made through the platform.
By using the Dating Section, you acknowledge that you are solely responsible for your own safety, conduct, and interactions, and that the Company owes no duty of care to you with respect to any User interactions.
5. TERMINATION OF ACCESS AND CONSEQUENCES
5.1 Termination by User
You may terminate your agreement to these Terms at your discretion by deleting your account through the available settings or by contacting our support team with a clear, written request to close your account.
5.2 Consequences of Termination
Upon termination of your account, the following consequences shall apply:
a. Paid Services: Any active Paid Promotional Services remain valid only for the duration of the already-paid period and only while the account is active, unless stated otherwise.
b. Loss of Access: Account deletion by the User or termination by the Company may result in the permanent, irreversible loss of account access, history, and associated benefits without compensation.
c. No Restoration: Any paid promotional benefits, credits, or history associated with a terminated account may not be restored or transferred if you choose to re-register later.
5.3 Discontinuation of Use
Upon termination, you must immediately cease all use of the Sites. All access rights to platform features and account-based services will be immediately revoked.
5.4 Data Retention and Deletion
Following termination, we may delete, anonymize, or retain certain information in accordance with our Privacy Policy and Applicable Laws. You acknowledge that some data may be preserved for legal compliance, security auditing, dispute resolution, or legitimate business interests.
5.5 Payment Consent and Transactional Metadata
By completing a payment through our third-party processors, you confirm your agreement to these Terms and acknowledge the finality of the delivery of paid promotional services once activated. To protect against disputes and verify informed consent, we may store standard transactional and consent metadata, including the version of the Terms accepted, the timestamp of acceptance, your IP address, and device or browser identifiers, where permitted by law.
6. DISCLAIMERS AND LIMITATIONS OF LIABILITY
6.1 Exclusion of Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER THE COMPANY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO:
- YOUR USE OF OR INABILITY TO USE THE SITES;
- ANY USER CONTENT OR CONDUCT;
- ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- TECHNICAL DISRUPTIONS OR SYSTEM FAILURES;
EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2 Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES:
a. MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, ACCURACY, AVAILABILITY, SECURITY, TIMELINESS, OR RELIABILITY OF THE SITES, SUBMISSIONS, OR CONTENT;
b. EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
c. DISCLAIM ALL RESPONSIBILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF USERS OR THIRD PARTIES ON THE PLATFORM.
6.3 Specific Liability Exclusions
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR:
(i) ERRORS, MISTAKES, OR INACCURACIES IN ANY USER POSTS OR CONTENT;
(ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER CONDUCT OR ACCESS TO THE SITES;
(iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
(iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES;
(v) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR HARMFUL CODE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY;
(vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES;
(vii) ANY UNLAWFUL, MISLEADING, DEFAMATORY, OR OFFENSIVE BEHAVIOR BY ANY USER OR THIRD PARTY.
6.4 Limitation of Liability Cap
TO THE EXTENT ANY LIABILITY IS IMPOSED BY A COURT OF COMPETENT JURISDICTION, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES FOR ALL CLAIMS, ACTIONS, OR DISPUTES ARISING OUT OF OR RELATING TO THE SITES OR THESE TERMS SHALL BE STRICTLY LIMITED TO THE GREATER OF:
(1) THE EXACT AMOUNT THE USER HAS PAID TO THE COMPANY FOR PAID SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(2) $250.00 USD.
THIS LIMITATION APPLIES UNLESS A DIFFERENT MINIMUM LIABILITY CAP IS MANDATED BY APPLICABLE LAWS.
7. INDEMNIFICATION CLAUSE
7.1 Indemnity Obligation
You agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, and affiliates, and their respective officers, directors, employees, contractors, agents, and partners from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees) arising from or related to:
- Your access to or use of the Sites;
- Your violation of any term of these Terms of Service;
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
- Any claim that your Content caused damage to a third party; or
- Your violation of any Applicable Laws.
7.2 Defense Procedures
In the event of any such claim, suit, or proceeding, you agree to:
- Provide prompt written notice to the Company of the claim;
- Allow the Company to assume the exclusive control of the defense and settlement of the claim, subject to your reasonable cooperation;
- Permit the Company to participate in the defense with counsel of its own choosing at its own expense, if it so elects.
8. GOVERNING LAW AND JURISDICTION
8.1 Choice of Law
These Terms, and any related Agreement or dispute, shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Georgia, without regard to its conflict of law principles or rules that would result in the application of the laws of any other jurisdiction.
8.2 Exclusive Venue
Any legal suit, action, dispute, or proceeding arising out of or related to these Terms or the Sites shall be instituted exclusively in the state or federal courts located within the State of Georgia. You and the Company irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on improper venue or forum non conveniens (inconvenient forum) to the fullest extent permitted by law.
9. DISPUTE RESOLUTION; MANDATORY ARBITRATION AND CLASS ACTION WAIVER
To the fullest extent permitted by Applicable Laws, you and the Company agree that any dispute, claim, or controversy arising out of or relating to your use of the Sites, including but not limited to the Dating Section, User interactions, Content, or these Terms (collectively, “Disputes”), shall be resolved exclusively through final and binding arbitration, rather than in a court of law.
You and the Company hereby waive any right to a trial by jury and agree that arbitration shall be the sole and exclusive method of resolving Disputes, except as otherwise expressly provided herein.
Prior to initiating arbitration, you agree to first contact the Company and attempt to resolve the Dispute informally by providing written notice to support@vitrinausa.com. The notice must include your name, contact information, a description of the Dispute, and the relief sought. Both parties agree to make a good faith effort to resolve the Dispute informally within thirty (30) days from the date such notice is received.
If the Dispute cannot be resolved informally, it shall be submitted to binding arbitration administered by a recognized arbitration provider in the United States, in accordance with its applicable rules. The arbitration shall be conducted on an individual basis and not as part of any consolidated, class, or representative proceeding.
CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Unless otherwise required by Applicable Laws, the arbitrator shall have exclusive authority to resolve any Dispute, including issues relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
The arbitration shall take place in the State of Georgia, unless otherwise required by Applicable Laws, and the arbitrator’s decision shall be final and binding on both parties.
Notwithstanding the foregoing, the Company retains the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misuse, or violation of its intellectual property rights, security, or platform integrity.
If any portion of this arbitration provision is found to be unenforceable, the remaining portions shall remain in full force and effect to the maximum extent permitted by law.
By using the Sites, you acknowledge that you have read, understood, and agreed to this arbitration provision and class action waiver.
10. CONTACT AND SUPPORT
For any questions regarding these Terms, assistance with account issues, claims of copyright infringement, reports of unauthorized Content, or inquiries regarding paid promotions, please contact our support team at:
Email: support@vitrinausa.com