Privacy Policy & Terms of Use

last updated : 3/6/2018

 

Acceptance of Terms of Use

You are granted permission to access and use the www.viviaprint.com website and mobile site (hereinafter referred to collectively as “Website” or “the Website” or “the Site”) and its content for the sole purpose of preparing, evaluating, and ordering products or services solely through Vivia Print & Design (including its employees, contractors, officers, and agents of these, hereinafter referred to as “Us” or “We” or “Vivia Print & Design”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining products from Vivia Print & Design does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Vivia Print & Design. By accessing and using and its related software tools, services, or applications, you are implicitly agreeing to be bound by these terms of use. Any kind of participation in the Website will constitute acceptance of this agreement. If you do NOT want to accept this following agreement, then please do not use the Website! If you use the Website on behalf of an organization, business, or third-party entity of any kind, you represent that entity and agree to accept these Terms of Use on behalf of that entity. Everything here at Vivia Print & Design, including services, transactions, offers, and products, is governed by these Terms. Any addition of terms or conditions by customers or third parties is expressly dismissed, even if we don’t explicitly reject them. When using any of the services Vivia Print & Design provides through the Website, you will be subject to any additional rules or regulations posted on the Site. Any posted guidelines or rules not included here in these Terms of Use are hereby incorporated into this agreement.

 

Privacy Policy

Here at Vivia Print & Design, we are committed to protecting our customers’ privacy! We value your business and appreciate your trust in us. What follows is our policy on how we gather information, including information that is personally identifiable, such as your name, email address, physical address, telephone number, etc. (hereinafter referred to as “Personal Information”) and what we do with it. This Privacy Policy applies to visitors to the Website and to all our customers. By using the Website or our services, you agree to this Privacy Policy. This Privacy Policy does not apply to our affiliates or third party websites that may have links or advertisements on our site, or other websites that you may navigate to through our site. Any information (including Personal Information) that these websites collect about you is governed by their own privacy policies. This policy is designed to protect you, however, should there be a court order or any other legal obligation that requires us to share your name or other information about you, this policy cannot prevent us from complying. If such a legal obligation or court order forces us to disclose this information, this policy does not give you cause of action against us. We also reserve the right to disclose Personal Information when we believe it is appropriate or necessary to cooperate with a legal investigation of activities alleged to be unlawful, to enforce our Terms of Use, or to protect the rights and property of ourselves and third parties. In addition, if another company may acquire Vivia Print & Design, or partner with us to do business as a combined entity, we may disclose Personal Information to this company. If such a merger or acquisition occurs, this privacy policy will be updated to reflect any changes in the handling of your Personal Information.

 

We only collect Personal Information that you knowingly and voluntarily choose to provide us with. We never share or sell any of this personally identifiable information about you (such as name, telephone number, or email address), or your files that you’ve uploaded to print, with outside organizations except when it falls under the acceptable conditions of third-party partnerships as detailed below!

 

Information We Collect

We collect a variety of information from our customers and visitors to the Website. Some information is automatically collected when you visit our Website or purchase something, some you provide to us knowingly when registering, filling out a form, buying a product or service or communicating with us, and some is collected from third parties. Any information you provide us with that is identifiable and connected to your personal identity (such as name, email address, and telephone number) we refer to as “Personal Information”. Other types of information collected may include IP address, Website history, browser information. This does not qualify as Personal Information, but is referred to as “information”. We use both Personal Information and other information to maintain, improve, and operate our Website and business, providing you with services and products based on your needs and interests, administering your account, and personalizing your online experience. We also use Personal Information and information to communicate with you about orders, products, offers, and administrative updates.

 

Information Collected Automatically: Each time you visit our website, we automatically collect information about your transactions and how you use this Website. For example, we automatically collect your IP address, operating system information, web browser information, and information about which pages you visit on the Website. If you have a Vivia Print & Design account, we add this automatically-collected data to the Personal Information you provide us with to help us improve and customize your experience.

 

Information You Provide Us With: We collect and keep any information that you provide us with when you fill out forms, register for an account, make a purchase, or contact us. For example, when you make an account on our Website, we collect your name, e-mail address, and password. When you place an order, we collect your shipping, billing, and payment type information. Sometimes you may choose to provide Personal Information to a third party through Vivia Print & Design. For example, if you click on or navigate to a third party website through an advertisement or link, or choose to purchase a third party product or service, then any information or Personal Information you provide to that website or third party in response to their offer will be governed by the privacy policy and other policies of that third party, not that of Vivia Print & Design.

 

Vivia Print & Design partners with third party companies to provide you with better services, and whenever you choose to offer Personal Information to these third parties, or it is shared with them within the bounds of our privacy policy, their treatment of this information is then governed by their respective privacy policies, not that of Vivia Print & Design. For example, you may at times receive offers from us on behalf of these companies, or see their offers promoted on our Website. We do not share any Personal Information with the third party unless you accept the offer or request more information about the offer. If you choose to accept an offer from a third party, we may then share, sell, or rent some of your Personal Information with them, as well as information about your use of the Website and the types of products you have purchased or are interested in, and they may additionally collect more information directly from you. If you accept a co-branded offer that comes on behalf of both Vivia Print & Design and a third party, then the Personal Information you provide us will also be available to that third party company. Whenever Vivia Print & Design hires a third party company to perform services for us, we may choose to disclose Personal Information about you to these companies in order for them to properly perform their duties and provide these services to our customers.

 

We DO NOT collect or store your credit card information! We only collect information about your order, including what you ordered, how much it cost, and what type of payment you chose. Because of this, Vivia Print & Design is not responsible for any fraud or security issues with credit card payments. We use third party companies such as Authorize.net, Stripe, and PayPal to process credit card payments. When you make a purchase with us, your credit card information is securely sent to one of these payment-processing companies (listed above) through their API protocol using Secure Socket Layer (SSL) technology, and they are responsible for processing your transaction.

 

Other Ways We Collect Information: From time to time, third parties, such as the U.S. Postal Service, may provide us with additional customer information. We may choose to add this information to the existing information we have collected about our customers.

You may also provide us with information through product reviews or public forums associated with the Website. Any reviews, posts, suggestions, or comments (collectively “Feedback Information”) are by nature public, so please use discretion when posting information about yourself online. Any Feedback Information that you provide to Vivia Print & Design will be non-confidential, and shall become the exclusive property of Vivia Print & Design. By submitting Feedback Information to Vivia Print & Design, you agree to transfer and assign, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. At this point, Vivia Print & Design can freely use this information on an unrestricted basis.

 

Where We Process and Store Data: Vivia Print & Design processes and stores data in Pasadena, California, as well as in other locations. We do this for back-up and recovery purposes, and to enable us to offer certain services. When you use the Website and provide us with your Personal Information, you consent to the transfer and processing of your Personal Information in jurisdictions outside of your home country or jurisdiction.

 

Cookies and Similar Files

At Vivia Print & Design we use cookies and files that are similar to cookies to keep track of what items you have in your cart, remember you next time you return to the website, and improve your experience with our website every time you visit. Cookies are alphanumeric identifiers created by your browser at our request and stored on your computer. Vivia Print & Design assigns you a unique customer code that corresponds with the cookie stored on your computer. Next time you come back to the Website, we use the cookie to identify you as one of our customers, bring up your past activities on the site, and load any preferences you may have set or selected. Cookies also allow us to tailor different pages on our website to your needs, which may include offering special discounts or coupons, and they help with identifying and fixing site errors. In emails from Vivia Print & Design, we may use similar technologies to track when you open the message and whether you have clicked on links in the message.

 

As is common knowledge, cookies do not harm your device. We seldom use them to store any Personal Information about you. If we do, it’s because you voluntarily offered this information to us via the website, and all information gathered from cookies is secure.

We only use Personal Information on cookies for the purposes outlined in this Privacy Policy. Most Web browsers accept cookies by default, but allow users to reject cookies by changing the browser preferences. If you have set up your browser to reject cookies, or if you delete your cookies at any point, some aspects of our Website, such as our shopping cart, will not work properly.

 

We work with a selection of third party companies who may place cookies on your device. These companies use cookies to provide tailored ad experiences based on services and products that you may be interested in, to track responses to and effectiveness of their ads, and to offer incentives or points to members who interact with ads. What you need to know is that we, Vivia Print & Design, have no control over how these third party companies use cookies, nor do we have access to their cookies. All use of cookies by third parties is governed by their privacy policies.

 

If you have purchased a website through Vivia Print & Design, we only use one cookie on our hosted websites. This cookie is used to count the number of visitors you get both for our records and to share with you via your website Dashboard. We don’t use this cookie for anything else, and this cookie doesn’t store any Personal Information. Other companies with websites like our use similar cookies on their customers’ websites.

 

Non-Disclosure Agreements for Businesses

If you represent a business or entity that wants to use our services and you require confidentiality around the content you upload and print, Vivia Print & Design is willing and able to provide you with a Non-Disclosure Agreement suitable for your needs to ensure that neither your privacy nor business advantages will be affected by doing business with us. Our Non-Disclosure Agreements can be crafted to cover all design elements, trade and commerce practices, company information and identity, etc.

 

Changes to this Privacy Policy

We reserve the right to change our Privacy Policy at any time and for any reason, so please be sure to review it often. If we do change or update the Privacy Policy, we will change the last modified date at the top of the Terms of Use page on our Website, and we will note that the policies have changed on our main page.

 

Communications

By using the Site, you agree that we may provide all legal communications and notices to you electronically by posting them on our website or by sending an e-mail to the e-mail address you provided to us when you registered your account with us. If you do not want to receive email communications from Vivia Print & Design about our own or third-party products and services that may be of interest to you, you can update your preferences in the My Account section of the Website. You can also click on the unsubscribe link at the bottom of one of our marketing emails. Even if you opt out of these marketing or news emails, we may still contact you through email, mail, or phone regarding your use of our Website, your orders or your account, or for similar transnational or administrative reasons as necessary to conduct business with you.

 

When you place an order, Vivia Print & Design will send a confirmation email to the email address you provided when you signed up for an account on our Website. If you place an order and do not receive a confirmation email, or if you receive a confirmation email for an order you didn’t place, please contact us immediately.

 

Reprints, Cancellations, & Refunds

Here at Viva Print & Design, we take pride in our work. Should we ever provide you with a print of inadequate quality that results from our printers malfunctioning, having insufficient ink, or paper quality issues, we will promptly provide you with a free reprint. We do not provide refunds once a file has been printed, only reprints if the error is our responsibility.

To be clear, we are NOT responsible for print quality issues resulting from issues with the file you upload. These include spelling, punctuation or grammatical errors you make in your file, inferior quality or low-resolution images you include or upload, design errors you create in the production of your file, any errors you make in selecting product options such as paper type, quantity, or product type, and damage to the products arising after they are delivered to you. To avoid these types of errors, please review your files and designs carefully to correct any mistakes or quality issues before you upload them to print. Vivia Print & Design does not proof or double-check the files you upload prior to processing; all uploaded files are instantly, automatically sent to the printers.

Please note that we are not responsible for color matching your print to your monitor or to the application in which you created the file. Here at Vivia Print & Design, we pride ourselves on having incredibly accurate color matching, and we regularly update and check our printers’ color matching performance and colorspace handling. However, you are ultimately responsible for the colors of your print. If you wish to do a test print to check the color matching, you may submit a small test print (approx. 5” x 44”) for free, and then adjust your file accordingly before submitting it. You may do up to 1 free test print per file. Any test prints beyond that will incur a small charge. For details or to arrange a test print, please contact our customer service line.

You may cancel an order at anytime should you change your mind, but once a file is printed, we do not offer a refund. If your file is partially printed, we will give you a partial refund equal to the percentage of the file that had not yet been printed. Please keep in mind that once you upload your files they begin printing almost immediately, so please be sure you have the correct files and versions before uploading in order to avoid paying for prints you don’t want or uploaded by mistake. If by chance your file has not yet begun printing and you cancel your order, we will give you a full refund. Essentially, once all or a portion of your file comes out of our printers, you are obligated to pay for it proportionately. Again, if the print quality is inadequate or flawed in any way due to our mistake, we offer free reprints, but no refunds. All refunds will be issued through the same method of payment originally received for the order.

 

Website and Account Security

Here at Vivia Print & Design, we do our best to maintain reasonable physical, electronic, and procedural practices designed to help us protect your Personal Information against loss, theft, misuse, disclosure, or alteration. For example, we use Secure Socket Layer (SSL) technology to encrypt your credit card information when you purchase products through our Website.

When you create an account at Vivia Print & Design using our Website, you choose a password to help protect your account information. Password strength is highly variable, and it is your responsibility to make sure you select a unique and complex password for your account. In addition, you are responsible for keeping this password confidential. You may change your password as often as you wish by going to My Account section of the Website.

You are responsible for protecting your password and access to your registered account. You will be solely responsible for all orders placed, services contracted, comments posted, or any other actions taken through your registered account. We have a secure sign-in process that functions to protect your privacy and Personal Information. If you experience difficulty signing in despite using the correct email address and/or password, or if you suspect your account has been compromised, please contact us.

If you wish to change your name, e-mail address, password, and/or communication preferences after you have registered, you can access your account in the My Account section of the website.

You may also request deactivation of your Vivia Print & Design account by contacting Customer Service. Please note that your Personal Information may remain in our archived records after your account has been deactivated.

 

Copyright Law

As for the content of what you upload, whether text, images, graphics, or other materials, YOU are solely responsible for obeying copyright laws, intellectual property laws, and all other applicable laws. When you upload a file, image, or document to print with us (hereinafter referred to as “your files” or “files”) and place an order, you agree that you will not include any text, image, trademark, design, service mark, or copyrighted work of any third party in your files unless you have obtained permission from the owner. You agree that your files do not infringe upon any copyright or trademark rights of any third party, do not violate their right of publicity or privacy, and will not libel or defame any third party. It is your responsibility to acquire the rights or permissions necessary to incorporate third party material into your files, and to comply fully with local and national laws and regulations.

If you believe that copyright infringement of any kind has occurred on or in conjunction with use of the Website, you can make a report by contacting our customer support. We take copyright infringement very seriously, and will investigate incidents thoroughly, whether the copyright or intellectual property rights being infringed upon are yours or a third party’s.

 

Vivia Print’s Copyrighted Materials

Our Website contains graphics, photographs, images, layouts, art, text, fonts, music, software, code, and other information (referred to as “Content”). All the Content on our Website is the copyrighted property of Vivia Print & Design, or of the parties from whom we have licensed such property. We reserve all rights related to our Website and its Content worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of our Content unless allowed by our Terms & Conditions. Vivia Print & Design reserves the right to add, delete, or modify any part of our website’s Content at any time without prior notice, and the modified Content remains the property of Vivia Print & Design and its licensors.

 

Transfer of Title and Delivery of Products

We contract with third party entities such as the United States Postal Service and Uber inc. to deliver your products to you. When you select shipping for your product, you agree that the risks of loss and title for any product pass to you upon our delivery to our selected third party carrier. In other words, once we pass the print off to our carrier service, the liability for damage is yours and you accept any risks inherent in utilizing that third party’s services. For products that are delivered in electronic format, you agree that delivery of the product has occurred either (a) at the time we transmit the product via email or other electronic communication to the customer’s self-provided address or (b) at the time we transmit a notification to the customer that the product is available for downloading from our Website.

 

Indemnification

You agree that you shall indemnify Vivia Print & Design and all parties from whom Vivia Print & Design has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Vivia Print & Design or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

 

Disclaimer of Warranty and Accuracy of Information

We provide the Website and its components “as is” without warranty of any kind, either expressed or implied, for informational purposes only. We provide no warranties of merchantability, fitness for any particular purpose, or non-infringement. By using the Website, you acknowledge that our operation of the Website may not be error-free or uninterrupted, and that we provide no guarantee to that effect. While we make every reasonable effort to provide accurate information about product attributes, we do not warrant that product descriptions are accurate, reliable, or error-free. We will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, nor shall we be responsible or liable for any error or omissions in that information. In addition, we provide links and references to third party websites and products “as is”—that is, without warranty of any kind, either expressed or implied.

 

Limitation of Liability

Under no circumstance will Vivia Print & Design or its employees, vendors, officers, directors, suppliers, licensors, or agents of any of the aforementioned be liable for damages of any kind resulting from loss of use, data, or profits, even if Vivia Print & Design was advised of the possibility of such losses or damages. Such damages may arise out of or in connection with your use of our Site or the performance of the Site and its products or services, including without limitation damages arising from mistakes, omissions, viruses, delays, or interruption of service. Additionally, Vivia Print & Design will in no event be held responsible or liable for any damages or consequences you incur from or related to your inappropriate or unauthorized use of the Site, its content, or products outside of our Terms of Use.

 

Refusal of Service

And last, but not least, we reserve the right to refuse service to anyone based on bad behavior, communication issues, issues with payment, perceived risk of fraud, lack of professionalism, legal concerns, etc. We pledge to never refuse service to anyone simply based on their inclusion in any government-protected identity group, such as religion, sex, gender, disability, race, etc.

We also reserve the right to refuse to accept content you provide or to process your order at any time and for any reason, especially if we suspect or find you to be engaging in undesirable or unlawful activities or otherwise violating our Terms of Use, or if we deem the content offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable.