Terms of use

Effective date 2022-03-22

Scope of Terms

These Terms of Use apply to all Vivid (also referred to as "Vivid", "Vivid Inc.", "controller", "we", "us", "our", and our worldwide direct or indirect subsidiaries and affiliates) websites and other information services, whether directly published, a sponsored site, managed through a third party vendor or hosted by a third party, both now and in the future. These Terms also apply to any resources and tools provided through Vivid Information Services, including but not limited to developer tools, download areas, research areas, community forums, chat rooms, blogs, sharing sites and product information (referred to hereafter as the "Information Services", "Materials").

Vivid may provide activity or program specific Terms of Service, for example when Vivid provides interactive Materials and/or enables User Generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect.

Security and Privacy

Personal Information: Information submitted to Vivid through forms on the Websites or Materials is governed according to Data security and privacy.

Use Terms

Personal Non-Commercial Use: This Website is for personal and non-commercial use. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials.

You may not use or facilitate the use of this site or any Materials in connection with any infringement analysis concerning Vivid products. By your use of this site or any Materials, you agree to grant Vivid a non-exclusive, royalty-free license to any patent claim thereafter drafted which includes subject matter disclosed on this site.

No Unlawful or Prohibited Use: You agree that you will not use the Websites or Material for any purpose that is unlawful or prohibited by these Terms of Use. You may not:

1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Use the Websites, Materials, Services or activities to "stalk" or otherwise harass or harm another, or derail activities related to the materials from the intended purposes;
3. Impersonate any person or entity, including, but not limited to, a Vivid official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website or Materials;
5. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Use the Website or Materials in any manner that could damage, disable, overburden, or impair any Vivid server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Website or Materials or interfere with any other party's use and enjoyment of the Websites or Materials;
10. Attempt to gain unauthorized access to any Website or Material, other accounts, computer systems or networks connected to any Vivid server or Materials, through cracking, password mining, or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or Materials;
11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to any regulations having the force of law.

Copyright Permission: The copyright on all content posted on Vivid Inc. and Cara Games and all connected sites is owned by Vivid and/or its affiliates. Use is authorized for editorial (news media) purposes only and subject to the Terms of Use. To request permission to use content outside editorial purposes please submit your request using an appropriate method listed in Contact Vivid.

Notices and Disclosures

Exclusions of Warranty: The Materials and Vivid Websites are provided by Vivid as a service to its customers and are for informational purposes only. You expressly understand and agree that:

• Your use of the websites and materials is at your sole risk and that the services are provided "as is" and "as available" without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose.
• Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from any such material.
• In no event shall Vivid or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the websites or materials, even if Vivid has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Limitation of Liability: You expressly understand and agree that Vivid and its licensors shall not be liable to you for:

• In no event shall Vivid and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of any software, documents, provision of or failure to provide services, Information Services, Materials, and other offerings.
• Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any content, or any changes Vivid may make to the services, documents, website, content, Information Services, Materials, or for any permanent or temporary cessation in the provision of the Information Services (or any features within); or if applicable, your failure to keep your password or account details secure and confidential;
• These limitations on Vivid's liability shall apply whether Vivid has been advised of or should have been aware of the possibility of any such losses.

Indemnification: You agree to indemnify and hold Vivid and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Websites or Materials, your use of the Websites or Materials, your connection to the Websites or Materials, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.

Accuracy and Completeness: Vivid does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Websites or Materials.

Changes and Updates: Vivid reserves the right to modify or discontinue, temporarily or permanently, Websites or Materials (or any part thereof) with or without notice. Vivid may make changes to Websites or Materials, or to the products described therein, at any time without notice. Vivid makes no commitment to update the Websites or Materials.

Content Related Notices

Ownership: You acknowledge and agree that Vivid owns all legal rights, title and interest in and to the Materials and Websites, including any Vivid trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Vivid's prior written permission. Except as expressly provided herein, Vivid does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Translations: Where Vivid has provided you with a translation of the English language version of these Terms of Use, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with Vivid. If there is any contradiction between the English language version of the Terms of Use and the translation, the English language version shall take precedence.

Third Party Content: Websites and Materials may contain user or third party submitted content; such content is not reviewed, approved or endorsed by Vivid and is provided solely as a convenience to our customers and users. Under no circumstances will Vivid be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. Any material downloaded or otherwise obtained through the use of the materials is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. By your use you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content. All postings and use of the Websites or Material are subject to these Terms of Use and any other program and site specific terms.

User Content Submissions

Definition: User content submissions may include but not be limited to user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the "User Content") on any Vivid Website. The content submitted by users is referred to here after as "User Content".

Non-Endorsement: Vivid does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Vivid expressly disclaims any and all liability in connection with User Content submissions. Vivid does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and Vivid will remove User Content if properly notified that such submission infringes on another's intellectual property rights in accordance with the relevant provisions. Vivid reserves the right to remove User Content at its sole discretion and without prior notice.

Ownership: Vivid does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Websites or Materials, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Websites or Material. Unless otherwise agreed to in writing, there is no compensation for User Content. Vivid is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized Vivid representative, any material, information or other communication you transmit or post to a Website will be considered non-confidential and non-proprietary.

License: Unless other specified on the Website or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such user content you grant Vivid, necessary sub-licensees and Website users, a perpetual, irrevocable and fully sub-licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.

User Submitted Code: Any user submitted code or materials posted on a Vivid website is supplied under license from the submitter, and should be used or downloaded in accordance with any license terms specified. Vivid is not responsible for user submitted code nor warrants that it will work correctly.

Warranties and Representations: By posting or submitting User Content you warrant and represent that you own or otherwise control all rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Content. To the extent that the User Content submitted contains images, photographs, pictures or graphical or other representations in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Materials, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use.

Moderation or Pre-Screening: You acknowledge that Vivid may or may not moderate or pre-screen User Content. Vivid and its designees retain the right, at Vivid's sole discretion to pre-screen, refuse, or remove any User Content from its Website or Materials. Vivid, however, will have no liability related to the content of any such User Content, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, Vivid shall have the right to remove any User Content that violates these Terms of Use.

Vivid Offerings

Limitations: With regard to information on Vivid products in the website or materials no license, express or implied, by estoppel or otherwise, to any intellectual property rights is granted to you. Except as provided in Vivid's terms and conditions of sale for such offerings, Vivid assumes no liability whatsoever, and Vivid disclaims any express or implied warranty, relating to sale and/or use of Vivid products including liability or warranties relating to fitness for a particular purpose, merchantability, or infringement of any patent, copyright or other intellectual property right.

Use of Vivid Products and Services: Vivid products and services are not intended for use in medical, life-saving, life sustaining applications. Unless otherwise agreed in writing by Vivid, the Vivid products and services are not designed nor intended for any application in which the failure of the Vivid product could create a situation where personal injury or death may occur.

Changes to Specifications: Vivid may make changes to specifications and product descriptions at any time, without notice. The product information on the Website or Materials is subject to change without notice. Do not finalize a design with this information.

Defects and Errata: The products described in the Website or Materials may contain design defects or errors known as errata which may cause the product to deviate from published specifications. Vivid updates errata on the Website on a best effort basis. Please contact Vivid using an appropriate method listed in Contact Vivid. to obtain the latest specifications before placing your order.

Benchmarks and Performance Claims: Any performance tests and ratings provided in the Website or Materials are measured using specific computer systems and/or components and reflect the approximate performance of Vivid products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. You should consult other sources of information and performance tests to assist you in fully evaluating your contemplated purchases, including the performance of that product when combined with other products.

Non-Vivid Benchmarks: Vivid does not control or audit the design or implementation of third party benchmarks or Websites referenced in the Materials or on the Websites. Vivid encourages all of its customers to visit the referenced Websites or others where similar performance benchmarks are reported and confirm whether the referenced benchmarks are accurate and reflect performance of systems available for purchase.

Simulated Benchmarks: Results that have been simulated are provided for informational purposes only. Results were derived using simulations run on a system expressly designed for this purpose. Any difference in system hardware or software design or configuration or operational environment factors may affect actual performance.

Notice Specific to Vivid Software

Any Vivid software that is made available to download from the Websites or made available through third parties ("Software") is the copyrighted work of Vivid and/or its affiliates. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless they first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of Vivid software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement accompanying such software. The software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, Vivid hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

For your convenience, Vivid may make available as part of the website or in its software products, tools and utilities for use and/or download. Vivid does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in Vivid software products.

Notice Specific to Vivid Documents

Permission to use Vivid owned white papers, press releases, datasheets, specification documents, FAQs, etc. ("Documents") from the Websites is granted, provided that (1) Vivid's copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.

Documents specified above do not include the design or layout of the Website or any other Vivid owned, operated, licensed or controlled site. Elements of the Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Website may be copied or retransmitted unless expressly permitted by Vivid.

Vivid makes no representations about the suitability of the information contained in the documents and related graphics published on the website for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Vivid hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Vivid and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.

The documents and related graphics published on the website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Vivid may make improvements and/or changes in the product(s) and/or the program(s) described at any time.

Links to Other Materials or Sites

The linked sites are not under the control of Vivid and Vivid is not responsible for the content of any linked site or any link contained in a linked site. Vivid reserves the right to terminate any link or linking program at any time. Vivid does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked from or to this Site, you do this entirely at your own risk.

General

All information available on the Website may be subject to the laws of the country where you reside.

Vivid makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where such content is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms constitute the entire agreement between you and Vivid Inc. and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and Vivid shall be governed by the laws of Japan without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the Country. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

In the case of any violation of these rules and regulations, Vivid reserves the right to seek all remedies available by law and in equity for such violations.

Vivid may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular Websites or Materials.

If you have a question, concern, or request about Vivid's privacy, or wish to exercise a right, please contact us at .