Thank you for choosing Vixr Marketing LLC (“Vixr Marketing,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of Vixr Marketing’s services, including any materials, websites, social media platforms, software, or applications (collectively, the “Services”). By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access or use our Services.
1.1 Binding Agreement
These Terms constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Vixr Marketing LLC. By accessing or using our Services in any way, you accept and agree to be bound by these Terms.
1.2 Eligibility
You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are accessing or using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2.1 Marketing Services
Vixr Marketing provides a range of marketing services such as strategy consultation, brand development, digital marketing, social media marketing, search engine optimization (SEO), campaign management, and related advisory or creative services (collectively, the “Marketing Services”).
2.2 No Guaranteed Results
While Vixr Marketing will use its best efforts to achieve agreed-upon marketing objectives, we do not guarantee any specific results, such as increased sales, a certain level of website traffic, or other performance metrics. Marketing results depend on numerous factors beyond Vixr Marketing’s control, including market conditions, consumer behavior, and competition.
2.3 Third-Party Services
As part of our Services, we may integrate or recommend third-party products or services, such as advertising platforms, analytics tools, or design solutions. We do not endorse or control these third-party services, and your use of these third-party services is subject to their respective terms and conditions.
3.1 Cooperation
You agree to cooperate with Vixr Marketing by providing timely feedback, approvals, materials, and information reasonably requested by Vixr Marketing to perform the Marketing Services.
3.2 Content and Materials
You represent and warrant that all content, materials, or information you provide to Vixr Marketing are accurate and do not infringe any third-party rights or violate any law or regulation. You are solely responsible for the accuracy, quality, and legality of such content.
3.3 Compliance with Laws
You agree to abide by all applicable local, state, national, and international laws and regulations related to your use of our Services. You acknowledge that Vixr Marketing may suspend or terminate Services if your use of the Services is deemed by us to be illegal or fraudulent.
3.4 Consent to Receive Marketing and Informational Communications
By filling out our form or otherwise providing your contact information, you consent to receive occasional marketing and informational text messages and emails from Vixr Marketing LLC in accordance with our Privacy Policy. Message and data rates may apply. You may reply “STOP” at any time to opt out or text “HELP” to (844) 656-0987 for assistance. For more details, please refer to our Privacy Policy.
4.1 Vixr Marketing Intellectual Property
All content, trademarks, service marks, and other materials displayed on or accessible through the Services (excluding Client Materials) are the property of Vixr Marketing or its licensors and are protected by U.S. and international intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any materials belonging to Vixr Marketing without our express written permission.
4.2 Client Intellectual Property
Any content, trademarks, or service marks provided by you to Vixr Marketing (the “Client Materials”) remain your property. You grant Vixr Marketing a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify the Client Materials solely for the purpose of providing the Marketing Services.
4.3 Feedback
Any feedback, suggestions, or ideas you provide to Vixr Marketing regarding the Services will be the exclusive property of Vixr Marketing, and by submitting such feedback, you assign to Vixr Marketing all rights in the feedback.
5.1 Definition
“Confidential Information” means any non-public information that is disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) that is marked or identified as confidential or should reasonably be understood as confidential given the nature of the information and the circumstances of disclosure.
5.2 Obligations
The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose other than providing or receiving the Services under these Terms. This obligation continues even after termination or expiration of these Terms.
5.3 Exceptions
Confidential Information does not include information that (a) is or becomes publicly available without breach of these Terms, (b) was lawfully known by the Receiving Party without confidentiality obligations before receiving it from the Disclosing Party, (c) is lawfully received from a third party without confidentiality obligations, or (d) is independently developed without use of or reference to the Disclosing Party’s Confidential Information.
6.1 Fees
In consideration for the Marketing Services, you agree to pay all fees agreed upon between you and Vixr Marketing. Fees may be on a project basis, monthly retainer, or otherwise specified in a separate service agreement or statement of work.
6.2 Payment Terms
Payments are due as stated in any invoice or separate agreement. If you fail to make a payment when due, Vixr Marketing reserves the right to suspend or terminate the Services. You shall be responsible for all costs of collection, including reasonable attorneys’ fees.
6.3 Taxes
All fees are exclusive of any sales, use, value-added, or similar taxes. You are responsible for payment of such taxes or any related penalties or interest.
7.1 Term
These Terms shall remain in effect for as long as you use or access the Services or until terminated in accordance with these Terms.
7.2 Termination by Client
You may terminate our Services by providing written notice to Vixr Marketing, subject to any notice period or other conditions specified in a separate agreement or statement of work.
7.3 Termination by Vixr Marketing
We may terminate or suspend your access to our Services at any time, with or without notice, if we believe you have breached these Terms, engaged in fraudulent or illegal activities, or for any other reason in our sole discretion.
7.4 Effect of Termination
Upon termination, your right to use the Services ceases immediately. Any provisions that by their nature should survive termination (including confidentiality, intellectual property, limitation of liability, and indemnification) will remain in effect after termination.
The services are provided “as is” and “as available.” Vixr Marketing disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or completely secure.
Any use of third-party content or links to third-party websites is at your own risk. Vixr Marketing does not endorse and is not responsible for the accuracy, legality, or reliability of any third-party content or services.
To the fullest extent permitted by law, in no event will Vixr Marketing, its officers, directors, employees, or agents be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of business, or loss of data, even if advised of the possibility of such damages.
To the fullest extent permitted by law, Vixr Marketing’s total liability for any claim arising out of or relating to these Terms or our Services will not exceed the amount you paid to Vixr Marketing for the Services in the three months preceding the claim.
You acknowledge and agree that Vixr Marketing offers its Services in reliance on these disclaimers and limitations of liability, which allocate the risk between the parties and form the basis of the bargain.
You agree to indemnify, defend, and hold harmless Vixr Marketing, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your breach of these Terms, (b) your violation of any law or regulation, (c) your infringement of any third-party right, including intellectual property or privacy rights, and (d) any disputes with third parties arising out of your use of the Services.
11.1 Governing Law
These Terms and any dispute related to them or our Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
11.2 Venue
Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Miami-Dade County, Florida. You consent to the personal jurisdiction and venue of those courts.
11.3 Waiver of Jury Trial
You and Vixr Marketing agree to waive any constitutional or statutory right to a trial by jury in any dispute arising out of or related to these Terms.
12.1 Changes to Terms
Vixr Marketing may update or modify these Terms from time to time by posting a revised version on our website or by sending you notice via email or other means. Your continued use of the Services after any modification constitutes your acceptance of the revised Terms.
12.2 Entire Agreement
These Terms, together with any separate agreements or statements of work, constitute the entire agreement between you and Vixr Marketing regarding the subject matter hereof and supersede all prior agreements, understandings, or representations.
12.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
12.4 Waiver
The failure of either party to enforce any right or provision under these Terms will not be deemed a waiver of such right or provision.
12.5 Assignment
You may not assign or transfer these Terms without Vixr Marketing’s prior written consent. Vixr Marketing may assign these Terms, in whole or in part, at any time without notice.
12.6 Force Majeure
Vixr Marketing shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, or strikes.
If you have any questions about these Terms or our Services, please contact us at:
Vixr Marketing LLC
2618 Collins Ave APT 322
Miami Beach, FL 33140, USA
Email: Sebastiaanmols@gmail.com
Phone: +1 (305) 499-0461
By accessing or using the Services, you acknowledge that you have read, understand, and agree to be bound by these Terms.
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