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Terms & Conditions

By visiting and/or using the Vannuzza website (the “Site”), you (“User”) agree that you have read, understood and accepted the Terms of Use below for all use of the Vannuzza’s services, which includes the Site (the “Services”) and the Privacy Policy, which are incorporated herein by reference. If you do not agree to these Terms of Use, do not use any of the Services, which includes visiting or using the Site.

1. These Terms of Use May Change
The Vannuzza LLC (“Vannuzza”) reserves the right to update or amend these Terms of Use at any time. The amended Terms of Use shall automatically be effective five (5) days after they are posted on the Site. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms of Use as modified by the posted changes. For this reason, we encourage you to review these Terms of Use whenever you use the Services. The last date these Terms of Use were revised is set forth below. Vannuzza may, in its sole discretion, make changes to any aspect of this Site, including, without limitation, any Content (hereinafter defined), any activities available on this Site, and any products or services offered through this Site.

2. Site Content
Other than information or content that you upload or post to this Site (the “User Content”), all of the content you see, hear or otherwise experience through the Site, including, but not limited to information, text, data, images, graphics, button icons, Site’s trade dress, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented (“Content”) are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by Vannuzza or by third parties who may own them and are subject to copyright and other intellectual property rights, publicity, privacy, communications and others under the United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Vannuzza grants you a limited, non-exclusive, revocable license for you to use this Site for your personal entertainment, information, education, and communication, upon all the terms of this Terms of Use. Vannuzza reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying or distribution of any of the Content other than expressly permitted herein, including any use, copyright, or distribution of User Content of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copyright of any Content or enforce limitations on use of the Site or the Content therein.

3. Submissions
While Vannuzza is pleased to hear from users of the Services, company policy prohibits Vannuzza from accepting or considering creative ideas, suggestions or materials other than those it has specifically requested. With this policy Vannuzza seeks to avoid any potential future misunderstandings that may occur when projects developed by employees, licensors, or contractors of Vannuzza, by and for the sole use of Vannuzza, might seem to others to be similar or identical in nature to their own creative work and/or submission(s). If, despite this request, you submit to Vannuzza any creative material, including, but not limited to, ideas, suggestions or other information, you acknowledge and agree that such submission(s) will be treated as non-confidential and nonproprietary, and Vannuzza will not assume any responsibility, obligation or liability for them or for Vannuzza’s receipt or non-receipt of them. Vannuzza’s receipt of your submissions is not an admission by Vannuzza of their novelty, priority, or originality, and it does not impair Vannuzza’s right to contest existing or future intellectual property rights relating to your submissions. You grant Vannuzza a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit your submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) your submissions are accurate and, as permitted to be used by Vannuzza in this Terms of Use, do not and will not infringe any right of any third party. When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Copyright Infringement Policy
Vannuzza has developed its copyright policy in accordance to the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, (http://lcWeb.loc.gov/copyright/) and other applicable intellectual property laws. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Site, you may submit a written notification to Vannuzza via email or certified mail that includes substantially the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works on the Site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vannuzza to locate the material.

Information reasonably sufficient to permit Vannuzza to contact the complaining party, such as your legal name, address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submit the notification

If by mail to:
Vannuzza LLC
Attn: General Counsel
P.O. Box 087
New York, NY 10044

or if by e-mail to: legal@vannuzza.com

Vannuzza may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Vannuzza may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone Vannuzza at [xxx.xxx.xxxx].

5. Online Shopping
This Site and other Vannuzza websites may offer online capabilities to purchase products (such as toys) and services (such as memberships). You must be 18 years of age or older to make any such purchases. Check our online stores for more information on delivery, returns, and other sales policies. As to products and services featured on this Site, please note that we make every effort to display as accurately as possible the products and services that appear on this Site. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Site, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this Terms of Use.
No Purchases by Minors By ordering a product or service online from Vannuzza, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from Vannuzza without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order. Taxes You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from Vannuzza. Shipping and Processing; Insurance You are also responsible for paying all shipping and processing charges relating to your online purchases (including any product offered with a service), and for insuring your purchases. Returns and Warranties Please review the information available at our online stores regarding our return policies and warranty information.
Use Restrictions You agree that you will not: (a) use this Site for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Site by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any trademarks; (e) engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity. Community Areas; Code of Conduct Vannuzza may elect to offer community features on this Site, such as message or bulletin boards, forums, and chat rooms. In such events, Vannuzza will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Site, although Vannuzza reserves the right to do so in its sole discretion. Vannuzza does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to the User Content, which means any information or content that you upload or post to this Site, you represent and warrant to Vannuzza that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Site: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services). You grant Vannuzza a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit your User Content throughout the world in any and all media. Vannuzza reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Vannuzza also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Site that violate this Terms of Use and to deny access by any user to this Site.

8. Content Disclaimer
The Site contains information, views, advice, statements and characters that are fictitious. Vannuzza does not represent or endorse the accuracy or reliability of any information, views, advice, statement, characters or other information displayed or distributed through our Site. You acknowledge that any reliance upon any such information, views, advice, statements, character or other information shall be at your sole risk and you agree that Vannuzza shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any information, views, advice, statements, characters or other information displayed or distributed on our Site.

9. No Endorsements of Third Party Banners, Advertisements and Links
References on the Site to any hypertext links to third party sites, banners or advertisements do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or services by Vannuzza. Vannuzza does not endorse nor make any warranties or representations about any web site you may access through the Site, including the availability or accuracy of such web sites or resources. ANY LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. You need to make your own decisions regarding your interactions or communications with any other web site.

Termination of Services

Vannuzza reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (b) investigate any suspected breaches of this Terms of Use, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this Terms of Use to the full extent of the law, and (e) discontinue this Site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

12. Survival
All provisions of the Terms of Use will survive termination, including, without limitation, Content provisions, warranty disclaimers, indemnity and limitations of liability.

13. Disclaimer of Warranties
YOU AGREE THAT USE OF THE VANNUZZA SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE VANNUZZA SITE AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, VANNUZZA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE VANNUZZA SITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, VANNUZZA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE VANNUZZA SITE OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE VANNUZZA SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, VANNUZZA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE VANNUZZA SITE OR SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

14. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL VANNUZZA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VANNUZZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE VANNUZZA SITE OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE VANNUZZA SITE OR SERVICES, FROM INABILITY TO USE THE VANNUZZA SITE OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE VANNUZZA SITE OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE VANNUZZA SITE OR SERVICES OR ANY LINKS ON THE VANNUZZA SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE VANNUZZA SITE OR SERVICES OR ANY LINKS ON THE VANNUZZA SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Site is controlled and offered by Vannuzza from its facilities in the United States of America. Vannuzza makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Although Vannuzza products and services are available in many parts of the world, this Site may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.

15. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vannuzza without restriction.

16. Indemnity
You agree to indemnify, defend, and hold harmless Vannuzza LLC and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Site.

17. Governing Law and Arbitration
Any controversy or claim relating to this Site, the Content, or this Terms of Use not otherwise resolved between you and Vannuzza will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Site, the Content, or this Terms of Use must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Vannuzza relating to your access to, or use of, this Site or any Content in accordance with this paragraph will be instituted in state or federal court in New York County, New York. Accordingly, you consent to the personal jurisdiction of the courts in New York County, New York with respect to all matters relating to your access to or use of this Site and the Content and waive your rights to removal or consent to removal. This Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Vannuzza to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Site, any Content, Vannuzza's operations, and/or Vannuzza's products or services caused by your act or failure to act.

18. Miscellaneous
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Vannuzza’s failure to act with respect to a breach by any User does not waive Vannuzza’s right to act with respect to subsequent or similar breaches. The failure of Vannuzza to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings and subheadings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect the terms of these Terms of Use. These Terms of Use which includes our Privacy Policy, constitutes the entire agreement between Vannuzza and User with respect to the subject matter hereof. LAST UPDATED: November 28, 2011

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