These Terms of Use ("Terms") govern your access to and use of websites operated by Vivid Spots LLC ("Vivid," "we," "us," or "our") that link to these Terms. By accessing or using the website, you agree to these Terms. If you do not agree, do not use the website.
Website purpose
The website provides general information about Vivid, Advertising & Sales Revenue Management, and our products and services. It may allow you to request information or a demonstration. Use of the Vivid platform by customers and authorized users is governed by the applicable customer agreement, order form, and related policies. If those documents conflict with these website Terms regarding the platform, the customer documents control.
Eligibility and business use
You must be legally able to enter into these Terms. The website is intended primarily for business and organizational users. If you use the website on behalf of an organization, you represent that you have authority to act for that organization.
Permitted use
You may use the website only for lawful purposes. You may not attempt to gain unauthorized access, interfere with operation or security, introduce malicious code, scrape or copy the website through automated means in a manner that burdens our systems, impersonate another person, submit false or misleading information, or use the website to violate another party’s rights.
Intellectual property
The website and its content—including Vivid names, logos, designs, text, graphics, software, and other materials—are owned by or licensed to Vivid and are protected by applicable intellectual-property laws. These Terms do not grant you ownership rights. You may not reproduce, modify, distribute, sell, license, or create derivative works from website content without prior written permission, except as permitted by law.
Product information and pricing
Website descriptions, roadmaps, availability statements, and pricing information are provided for general informational purposes and may change. Any proposal, order form, or written customer agreement provided by Vivid will control the specific products, services, fees, implementation scope, and commitments applicable to a customer.
Illustrative product images and demo data
Product images, dashboards, examples, rankings, performance metrics, customer names, locations, campaign data, and commercial figures identified as illustrative or demo data are provided to demonstrate how Vivid may present information. They are not representations of actual customer results, endorsements, commitments, or guarantees of future performance.
Roadmap and planned capabilities
Features described as coming soon, in development, planned, or part of the Vivid roadmap are not currently available unless Vivid confirms otherwise in writing. Development priorities, designs, timing, and availability may change. Purchasing decisions should be based on capabilities identified as currently available in the applicable proposal, order form, or customer agreement.
Demonstration requests and communications
If you submit a demonstration request, you agree to provide accurate business contact information and authorize Vivid to contact you about that request. A demonstration, discussion, or website submission does not create a customer relationship, service commitment, exclusivity obligation, or binding agreement.
Feedback
If you voluntarily provide ideas, suggestions, or feedback about Vivid, you grant us permission to use that feedback without restriction or compensation, provided we do not identify you publicly without permission.
Third-party links
The website may include links to third-party websites or services. Vivid does not control and is not responsible for third-party content, availability, security, or practices. Your use of third-party services is governed by their terms and policies.
Disclaimers
To the fullest extent permitted by law, the website and its content are provided “as is” and “as available.” Vivid disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not guarantee that the website will always be uninterrupted, error-free, or completely secure.
Limitation of liability
To the fullest extent permitted by law, Vivid Spots LLC and its officers, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or business opportunities, arising from or related to your use of or inability to use the website. Where liability cannot be excluded, Vivid’s aggregate liability arising from these website Terms will not exceed one hundred U.S. dollars.
Changes and suspension
We may update the website or these Terms and may suspend or discontinue any part of the website. Updated Terms will be posted with a revised effective date. Your continued use after an update constitutes acceptance of the updated Terms.
Governing law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute relating to these website Terms will be brought in the state or federal courts located in Collier County, Florida, and you consent to their jurisdiction and venue.
Severability and entire agreement
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms and the Privacy Policy constitute the entire agreement regarding use of the public website, except where another written agreement applies.
Contact us
Questions about these Terms may be sent to Vivid Spots LLC at mike@vividspots.com.