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TERMS OF SERVICE

 

This website (https://www.vanishingseattle.org) is owned and operated by Vanishing Seattle, LLC dba Vanishing Seattle. Throughout the site, the terms “Vanishing Seattle”, “the Company”, “we”, “us” and “our” refer to Vanishing Seattle, LLC. By visiting our website and/or utilizing products and/or services from us, you agree to abide by these rules and any modifications thereto. The terms “visitors” “user”, “you” refer to you, and include your representatives, agents, contractors, affiliates, employees, whenever applicable.

 

This website offers visitors information about Vanishing Seattle, films, videos, audios, products and services (collectively “Service”) provided by Vanishing Seattle. This Terms and Conditions of Service agreement (“the Terms”) sets forth and contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to your access and use of this website, products, and services. Please read the Terms carefully.

 

By accessing or using our Service, you approve that you have read, understood, and agree to be bound by the Terms.

 

TERM, TERMINATION, AND SURVIVAL

 

The Terms shall be effective as of the date (the "Effective Date") the User accepts the Terms herein or first accesses, downloads or uses any of the Service on the site and shall remain in effect for so long as the User uses or accesses any of the Service (the "Term"). Upon termination of the Term, the User shall no longer be permitted to use or access the Service. The terms herein that contemplate obligations after the termination of the Term, including but not limited to Indemnification, Disclaimer, Limitation of Liability, Controlling Law, Severability, and Confidentiality, shall survive termination.

 

PROHIBITED USES

 

You agree not to:

a. Lease, sell, copy, sublicense, transfer, or assign any information, intellectual property, goods, or services provided on the site,

b. Use the site for any illegal purpose,

c. Gain unauthorized access to the Company's data or the data of other users,

d. Alter, modify, adapt, reverse engineer, decompile, disassemble, or hack the Company's intellectual property,

e. Alter or modify another website to falsely imply that it is associated with the Company's website,

f. Use or export the Company's information, products, or services in violation of U.S. export laws and regulations,

g. Violate anyone else's legal rights (for example, privacy rights) or any laws (for example, copyright laws) in the user's jurisdiction,

h. Use the website or the Company's services to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct,

i. Breach, or attempt to breach, the website's security systems,

j. Introduce malicious code, viruses, trojans, or malware,

k. Enable third parties to violate the Terms of Service,

l. Disrupt our network services.

 

AUTHORITY TO ENTER INTO BINDING AGREEMENTS

 

You must be at least 13 years old to use this Website. However, children of all ages may use the Website if enabled by a parent or legal guardian. If you are under 18, you represent that you have your parent or guardian's permission to use the Website. Please have them read these Terms of Service with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Website, you are subject to the terms of these Terms of Service and responsible for your child's activity on the Website.

 

USERS’ RESPONSIBILITIES

 

You agree to:

a. Only access the Service if you are able to understand and comply with the Terms,

b. Provide accurate and complete information when purchasing our products,

c. Only use payment methods (e.g. credit cards) that you are authorized to use,

d. Keep passwords and user accounts secure,

e. Notify us of any potential breaches or unauthorized account access

 

OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS

 

The services, products and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Vanishing Seattle, LLC. Except as explicitly provided herein, nothing in the Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

DISCLOSURE OF ONLINE COMMUNICATIONS

 

You should be aware that any online communications may not be fully confidential. In addition, federal postal regulations do not protect electronic mail. Some administrative personnel of the Company may, in the course of their regular duties, have access to communications for technical or operational purposes. The Company may also disclose any communications to the extent permitted or required by law.

 

PRIVACY POLICY

 

Your provision of personal information through the Website is governed by our privacy policy - please see our Privacy Policy link in the checkout footer.

 

THIRD-PARTY LINKS

 

Certain content, products and services available via our Service and website may include materials from third-parties. We make no representations about any other websites or third-party content that may be accessed from this Website.  Any link or inclusion of third-party websites or information is not an endorsement or recommendation by the Company.

 

If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SERVICE INTERRUPTIONS

 

Our website may from time to time experience interruptions due to scheduled maintenance and for upgrade purposes, or unintended shutdowns for reasons not under our control.  We will try to restore service as soon as we can. Please contact us at  vanishingseattle@gmail.com in the event that there is a service issue with our website.

 

PURCHASING OF PRODUCTS AND SERVICES

 

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

The prices we charge for using our services and/or our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

We have made every effort to display the colors and images of our products.as accurately as possible. Your computer monitor's display of any color may not reflect the actual colors of the products.

 

RETURN AND REFUND POLICY

 

Please check our return and refund policies here: (link)

 

RIGHT TO CHANGE OFFERING

 

We may, without prior notice, change the services and products offering; stop providing the services and/products, or any features of the services and products we offer; or create limits for the services and products. We may permanently or temporarily terminate or suspend access to the services and/or products without notice and liability for any reason, or for no reason.

 

RIGHT TO SUSPEND OR CANCEL USER ACCOUNT

 

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of the Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

 

INDEMNIFICATION

 

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with or relating to your breach of the Terms of Service or your use of the website, including, but not limited to, third-party sites and content,  or any of the services or products offered on this Website.

 

LIMITATION OF LIABILITY
 

To the maximum extent permitted by applicable law, in no event shall Vanishing Seattle, LLC be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.

 

To the maximum extent permitted by applicable law, Vanishing Seattle, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

To the fullest extent of the law, without limiting the foregoing in this section, The limit on Company’s total cumulative liability to you or any person for any and all claims arising to our Services shall be limited to a maximum of $10.00 (Ten Dollars) USD.

 

Should a jurisdiction that does not allow the exclusion of incidental, special or consequential damages apply to our Terms, the total liability to you or any person in connection with any incidental, special or consequential damages shall be limited by the above paragraph of this section

 

RIGHT TO CHANGE AND MODIFY TERMS

 

We reserve the right to modify the Terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

PROMOTIONAL EMAILS AND CONTENT

 

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us. If you don't want to receive such promotional materials or notices – please just notify us any time at vanishingseattle@gmail.com.

 

NOTICE/CONTACT INFORMATION
 

We may provide any notice to you under the Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under the Terms of Service, you must email us at vanishingseattle@gmail.com

 

SEVERABILITY

 

In the event that any provision of the Terms 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 the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

GOVERNING LAW

 

This Agreement shall be construed in accordance with the laws of the State of Washington. Any action or proceeding arising out of or relating to this website and/or under the Terms will be instituted in the court of Seattle, Washington,

 

ENTIRE AGREEMENT

 

The Terms of Services and any policies posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior versions of the Terms of Service.

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