Terms of Services

1. Acceptance of Terms
1.1 By engaging with Viewtiful Day, located at 522 N Kenwood Street, Glendale, California 91206, USA (hereinafter referred as "we" or "us"), through our website (https://ViewtifulDay.com) and any associated applications (hereinafter referred to as "the site"), you (hereinafter referred to as "you" or "user"), whether as an individual or on behalf of an entity, enter into a legally binding contract with us. This contract governs your access to and use of our services designed to enhance your online visibility and sales (hereinafter referred to as "Services"). By accessing the site and/or utilizing the Services, you acknowledge and consent to adhere to these Terms and Conditions in full. If you find these terms unacceptable, you must cease using the Site and Services immediately. It is advised that you keep a printed copy of these terms for your records.
1.2 This document, along with any additional policies or terms outlined in Section 1.7 and any future amendments published on the Site, form an integral part of this agreement by reference.
1.3 Changes to these Terms and Conditions may be made at any time and will be effective immediately upon posting an updated "Revised" date on the Site. It is your responsibility to regularly review these Terms and Conditions to stay informed of any changes. Continuation of Site use after such changes constitutes your acceptance of the new terms.
1.4 The Site and its offerings may be modified occasionally to align with our product evolution, user feedback, or strategic priorities.
1.5 The Site primarily targets users residing in the United States and is not designed for distribution to, or use by, any individual or entity in locations where such use would violate local laws or regulations or impose additional registration requirements on us.
1.6 Only individuals who are at least 18 years of age are eligible to use the Site and its Services. Minors under 18 require parental consent to engage with the Site.
1.7 Your use of the Site is also subject to the following policies, which are incorporated into these Terms and Conditions:
Our Privacy Policy (https://www.viewtifulday.com/privacy-policy/), which outlines how we handle the personal data we collect from you or that you provide. By using the Site, you agree to this processing and confirm the accuracy of the data you provide.

2. Guidelines for Use
2.1 Access to and use of the Site are intended solely for purposes as defined by us, and not for any unauthorized commercial activity unless explicitly permitted by us.
2.2 As a condition of your use of the Site, you agree not to engage in the following actions:
• Compete with our services or use the Site for unauthorized commercial endeavors.
• Retrieve data or content from the Site systematically to create a database without our express written consent.
• Utilize the Site for unauthorized purposes, including gathering user information for unsolicited communications or creating accounts under false pretenses.
• Bypass, neutralize, or disrupt any security features of the Site or any features that limit or control content usage or enforce usage boundaries.
• Partake in unauthorized framing of, or linking to, the Site.
• Deceive, defraud, or mislead us and other users, particularly in attempts to acquire sensitive information like passwords.
• Misuse our support services or file baseless reports of abuse or misconduct.
• Overburden the Site or related networks and services.
• Automate interactions with the Site through scripts, data mining, robots, or similar data collection and extraction tools.
• Impersonate other users or individuals or misuse another user's username.
• Use information from the Site to harass, abuse, or harm others.
• Attempt to decode, disassemble, or reverse engineer any part of the Site's software.
• Access areas of the Site that are restricted from user view.
• Misrepresent your experience, skills, or information.
• Harass, intimidate, or threaten any of our employees, agents, or users.
• Remove copyright or proprietary notices from Site content.
• Advertise unauthorized products or services or falsely imply a partnership with us or unaffiliated entities.
• Replicate or modify the Site's software, including but not limited to its code in Flash, PHP, HTML, JavaScript.
• Upload or transmit harmful materials like viruses or Trojan horses that could disrupt the Site's operation or act as a mechanism for information collection or transmission.
• Initiate or participate in automated system use for unauthorized data collection or interaction.
• Discredit, damage, or in any way harm our reputation or the Site.
• Utilize the Site in a way that violates any applicable laws or regulations.
• Threaten other users with negative feedback or offer services solely for positive feedback.

3. Provision of Content by You
3.1 You may have the opportunity to upload your own content to the Site or provide feedback directly to us ("User Content"). Be aware that such User Content may be accessible to, and viewed by, other users of the Site, who may also see the identity of the content's poster.
3.2 By submitting User Content, you affirm that it adheres to our Acceptable Use Policy, and you accept liability for any violation of this assertion. This means you are accountable for any harm or loss we encounter due to any non-compliance with this assurance on your part.
3.3 We reserve the authority to delete any User Content you submit if we believe it violates our Acceptable Use Policy.
3.4 We disclaim all responsibility for User Content posted on the Site, including content that may be inaccurate, defamatory, or result in content loss. While we do not undertake to review, edit, or monitor User Content, we maintain the discretion to remove or modify any User Content at any time without prior notification. The views expressed through User Content are those of the users and do not reflect our official stance or values.
3.5 Should you have concerns regarding User Content posted by others, you are encouraged to contact us at grow@viewtifulday.com.

4. Intellectual Property and Use of Site Content
4.1 The content of the Site and Services, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, "Our Content"), is either owned by or licensed to us and is protected under copyright and trademark laws, unless stated otherwise.
4.2 You are not permitted to copy, reproduce, compile, republish, upload, post, publicly display, translate, transmit, distribute, sell, license, or exploit any part of the Site, Services, or Our Content for commercial purposes without obtaining our explicit prior written consent.
4.3 Users who comply with these Terms and Conditions are offered a limited license to access and use the Site and Our Content for their personal, non-commercial use. This includes the permission to download or print a copy of portions of the Content to which access has been rightfully obtained.
4.4 Users are prohibited from (a) attempting to gain unauthorized access to the Site or any associated networks, servers, or computer systems; and (b) making unauthorized modifications, adaptations, enhancements, or corrections to the Site or Our Content, including altering any physical or digital copies downloaded.
4.5 We commit to (a) maintaining the Site and Our Content with reasonable skill and diligence; and (b) employing industry-standard virus detection measures to prevent the upload of virus-containing content to the Site.
4.6 The information provided on the Site is for general informational purposes only and should not be considered as professional advice. Users should seek appropriate professional consultations before taking or refraining from any action based on the Site’s content.
4.7 We endeavor to keep the content on our site accurate and up to date, yet we do not warrant the completeness, accuracy, or currency of Our Content expressly or impliedly.

5. Third-Party Content and Links
5.1 Our Site may feature links to external websites or applications operated by third parties. We hold no control or influence over these third-party sites or their operators and do not assume responsibility for the content, availability, or operations of these external sites or applications.
5.2 Any advertisements seen on our Site are the responsibility of the third party from whom the goods or services are purchased. We are not liable for any transactions with third-party advertisers on our Site. Should you have any disputes or inquiries regarding their products or services, please direct them to the respective advertiser.

6. Administration of the Site
6.1 We reserve the full right to: 1) Monitor the Site for any violations of these Terms and Conditions; 2) Pursue legal actions against those who violate applicable laws or these Terms; 3) Deny access, limit or disable (as far as technology allows) any contributions by users that breach these Terms; 4) Eliminate or disable any content that significantly burdens our system; and 5) Manage the Site in ways that safeguard our rights and property, ensuring the Site and Services operate correctly.
6.2 The security of the Site cannot be fully guaranteed; it may not always be free from bugs or viruses.
6.3 It is your responsibility to secure your technology, software, and platforms when accessing the Site, including the use of your virus protection measures.

7. Changes to the Site and Its Availability
7.1 We hold the authority to alter, adjust, or eliminate any part of the Site's content at our discretion without prior notification. Furthermore, we may amend or cease the provision of the Services, in whole or in part, at any time without notice.
7.2 The continuous availability of the Site and Services cannot be assured. Technical issues, maintenance requirements, or other factors may lead to service interruptions, delays, or errors. We shall not be held accountable for any loss, damage, or inconvenience resulting from your inability to access or use the Site or Services during such periods of interruption or cessation. There is no obligation on our part to maintain, support, or update the Site or Services.
7.3 The Site may include content with typographical errors, inaccuracies, or omissions, particularly relating to the Services, such as descriptions, pricing, and availability. We reserve the right to rectify any such errors, inaccuracies, or omissions and to update information at our discretion, without prior announcement.

8. Disclaimer and Limitation of Liability
8.1 Provision of Services "As Is": The Site and its Services are offered on an "as-is" and "as available" basis. Your utilization of the Site and Services is solely at your risk, except as explicitly outlined in these Terms and Conditions. We expressly exclude all warranties, terms, conditions, and commitments, whether direct or implied (by law, customary practice, course of dealing, or common law), related to the Site and Services and your use of them, including, but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement, to the maximum extent the law permits.

We do not guarantee the completeness or accuracy of the Site's content and disclaim liability for: (1) errors or omissions in the content; (2) unauthorized access to or use of our servers and any personal or financial information stored therein; (3) interruption or cessation of transmission to or from the Site or Services; and (4) any malicious software introduced to the Site by third parties. We are not liable for delays or failures in fulfilling our responsibilities under these Terms and Conditions caused by events beyond our reasonable control.

8.2 Liability for Loss or Damage:
• For both consumer and business users: Our liability to you for breaches of your legal rights, including if you suffer harm due to our negligence or that of our employees, agents, or subcontractors, or in cases of fraud or fraudulent misrepresentation, is not limited or excluded under any circumstances as per applicable law. Should we not adhere to these Terms and Conditions, we are liable for any loss or damage you endure that is a direct outcome of our breach. However, we are not liable for any unforeseeable losses or damages at the time you commenced using the Site/Services.
Despite any provisions to the contrary within the Disclaimer/Limitation of Liability section, our financial liability to you, for any reason and regardless of the lawsuit's nature, is always capped at the higher value of either (a) $10 or (b) the total amount you have paid us for the Services/Site in the six months leading up to the cause of action.
• For consumer users: The Site is intended for personal, non-commercial use only. By using our Site, you acknowledge that it is not to be used for any commercial or business purposes, and we accept no liability for any loss of profit, business, business interruption, or loss of business opportunity you might experience. In the event our supplied digital content is defective and causes harm to your device or the digital content you own, due to our lack of reasonable care and skill, we commit to either repairing the damage or compensating you for it. You retain legal rights regarding goods that are defective or not as described. Should you need advice on these rights, your local Citizens' Advice Bureau or Trading Standards office can provide guidance. Please be assured that nothing within these Terms and Conditions infringes upon these established legal rights.

9. Duration and Cessation
9.1 The stipulations outlined in these Terms and Conditions will persist as long as you engage with the Site or utilize the Services. Should you decide to discontinue your usage or participation for any given reason, you may do so by adhering to the account termination instructions located in your account settings, or, if such an option is unavailable, by reaching out to us at grow@viewtifulday.com.
9.2 We maintain the exclusive right to refuse or halt access to the Site and Services, including the blocking of specific IP addresses, at our discretion and without prior notice or liability. This action can be taken for any reason, notably for violations of any representations, warranties, or agreements specified in these Terms and Conditions, or for contravening any relevant laws or regulations. Should we, at our discretion, ascertain that your engagement with the Site/Services violates these Terms and Conditions or any applicable laws, we reserve the right to terminate your access or remove any content you have posted, at any moment and without prior warning.
9.3 In the event of termination or suspension of your account due to any reasons mentioned in this section, you will be barred from creating a new account under your name, or any alias or on behalf of someone else. Beyond the termination or suspension of your account, we retain the authority to undertake suitable legal measures, including but not limited to civil, criminal, and injunctive redress.

10. General Provisions
10.1 Electronic Communications: Engaging with our Site, sending emails, and filling out online forms are recognized as electronic communications. By participating in such activities, you consent to receive communications from us electronically, which may include emails or notices posted on the Site. These electronic communications satisfy any legal requirements that would typically necessitate written documentation. You agree to the use of electronic signatures, contracts, and records, and acknowledge the electronic delivery of notices, policies, and records of transactions facilitated by us or via the Site. Furthermore, you waive any legal rights or stipulations across jurisdictions that demand non-electronic signatures, non-electronic record-keeping, or non-electronic financial transactions.
10.2 Entire Agreement: The Terms and Conditions herein, alongside any supplementary policies or rules we have established and posted on the Site or in relation to the Services, encapsulate the full agreement and mutual understanding between you and Viewtiful Day.
10.3 Rights and Provisions: Our non-exercise or enforcement of any rights or provisions within these Terms and Conditions does not constitute a waiver of such rights or provisions.
10.4 Assignment: At our discretion, we reserve the right to transfer or assign any or all of our rights and obligations under these Terms and Conditions to any third party at any time.
10.5 Force Majeure: We are not liable for failures or delays in service that are due to events beyond our reasonable control.
10.6 Severability: Should any part of these Terms and Conditions be determined to be illegal, void, or unenforceable, such portions are considered severable from the Terms and Conditions, not affecting the validity and enforceability of the remaining provisions.
10.7 Relationship: Nothing in these Terms and Conditions creates a partnership, joint venture, employment, or agency relationship between you and Viewtiful Day through your use of the Site or Services.
10.8 Trademarks: Trademarks and service marks that appear within the Site are the property of Viewtiful Day, and their use is prohibited without our explicit permission.
10.9 Third Party Rights: Non-parties to these Terms and Conditions have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
10.10 Contact and Complaints: Should you have any complaints about the Services or require further information, please reach out to us via email at grow@viewtifulday.com or by mail at Viewtiful Day, 522 N Kenwood St, Glendale, California 91206, United States.

11. Refund Policy
Refunds are granted under the condition that a customer expresses dissatisfaction with our services within the first 30 calendar days following purchase. This policy is enacted through direct communication with our support team. There are specific exceptions to this policy, including but not limited to: services already completely delivered, the use of free credits, and any accounts that have breached our Terms of Service.

To initiate a refund request, customers are required to contact our support team, providing necessary details related to their order. Following the approval of the refund request, the reimbursement will be processed back to the original method of payment within a timeframe of 7-10 business days. Viewtiful Day maintains the authority to reject refund requests in certain scenarios, such as when there is an evident abuse of our refund policy or if there are repeated refund requests from a single customer.

For issues specific to the services received, customers are advised to reach out to our support team via email at grow@viewtifulday.com within the initial 30-day period post-purchase to seek a resolution.

12. Service Disclaimer
12.1 Viewtiful Day operates independently and is not officially connected with social media platforms like Instagram, TikTok, YouTube, or Facebook, nor their third-party partners.
12.2 Users must adhere to the rules and regulations of Instagram, TikTok, YouTube, and Facebook, as well as any applicable laws. Utilization of Viewtiful Day's services is at the user's own risk.
12.3 Viewtiful Day is not accountable for user actions or the consequences thereof. We bear no responsibility for any social media accounts being banned or penalized.
12.4 To utilize our services, users must provide public profile information such as usernames and URLs. This information is solely for service provision and is not shared with unauthorized parties.
12.5 Viewtiful Day des not guarantee specific outcomes regarding followers, likes, subscribers, or views.
12.6 The uninterrupted or flawless operation of our services cannot be guaranteed.
12.7 Users are responsible for ensuring their social media profiles are public to use Viewtiful Day's services. Service interruptions due to profile privacy changes do not qualify for refunds.
12.8 By purchasing our services, users acknowledge understanding of what is being bought and agree not to initiate fraudulent disputes with payment processors.
12.9 We reserve the right to alter, pause, or terminate any aspect of our services or content without prior notice or liability.
12.10 Our services are facilitated through third-party advertising services, for which we cannot guarantee specific results. Usage of Viewtiful Day is at the user's discretion and risk.
12.11 Viewtiful Day does not employ software for creating fake accounts or profiles. We are not liable for the actions of our advertising vendors concerning such practices.
12.12 Should you have any questions or concerns about our services or terms, please reach out to us at: 522 N Kenwood St, Glendale, California 91206, United States.
12.13 It is the user's responsibility to stay informed about any changes to these terms.

By using Viewtiful Day's website and services, users are considered to have accepted these terms.