Terms of USE
1. Welcome to Venus Vibes
Venus Vibes, a Singapore corporation (“Venus Vibes,” “we,” “our,” “us”), operates the website located at the URL: www.venus-vibes.com, together with any other website or applications branded under Venus Vibes, including, without limitation, venusvibes.substack.com (“The Venus Vibes Newsletter”) and amazon.com/shop/velle_ (“The Venus Vibes Store”). These Terms of Use (“Terms”) govern your access and use of the Website, along with our related websites, mobile applications, and other services (collectively, the “Properties”). These Terms are a legally binding contract between you and Venus Vibes regarding your use of the Properties.
These terms contain a mandatory individual arbitration and representative proceeding/class action waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
2. Acceptance of these Terms of Use
By subscribing to Venus Vibes, as a paid or a free subscriber, or by browsing or otherwise accessing or using the properties, you represent that you have read, understood, and agree to be bound by these terms, as updated from time to time. If you do not agree to these terms, or to any changes we may subsequently make to these terms of use, then you do not have our permission to use the properties and you must immediately stop accessing the properties.
Your access to and use of the Properties are subject to your continued compliance with these Terms and all applicable laws. Your right to access and use the Properties will terminate immediately, without any further action by Venus Vibes, if you breach these Terms.
3. Modification and Changes to Terms
We reserve the right, in our sole discretion, to modify or update these Terms at any time for any reason, with or without prior notice to you, and any such changes to these Terms will supersede and replace any previous Terms effective immediately upon posting to this page. It is your responsibility to periodically review these Terms as posted here for any changes. Your continued use of the Properties after the posting of changes to these Terms will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Properties if you do not agree with any changes to these Terms.
4. TERMS OF USE
1. Children’s Online Privacy Protection Act Notification
You may only use the Properties if you are 13 years of age or older. To subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use or make purchases on the Properties. Venus Vibes hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.
2. Intellectual Property Rights
The Properties and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Venus Vibes, our licensors or other content suppliers, and are protected by Singapore and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.
No right, title or interest in or to the Properties or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Properties that is not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark and other laws.
In addition to the intellectual property rights mentioned above, for purposes of these Terms, “Content” is defined as all information such as the “look and feel” of the Properties, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Properties. Venus Vibes tries to ensure that the Content is accurate and complete. Your use of the Properties is at your risk. Venus Vibes does not warrant that the functional aspects of the Properties or the Content will be error free or that the Properties, the Content or the server that makes it available are free of viruses or other harmful components. Venus Vibes and its suppliers make no warranties about the Content or about results to be obtained from using the Properties. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Properties. Venus Vibes reserves the right to withdraw, temporarily or permanently, any Content from the Properties at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Properties, you acknowledge, agree and confirm that Venus Vibes is not liable to you or any third party for any such withdrawal.
Properties Content is selected by our editors and is editorial content. We do not accept or take advertising, except where we specifically indicate as such. We do not accept payment from third parties for products or Content to appear on the Properties. From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will be clearly marked as such. When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content you should unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or reach out to our Customer Experience team here with “Unsubscribe” in the subject line. If you unsubscribe you will not receive any Content, whether it is Sponsored Content or Venus Vibes Content. To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of Venus Vibes and we accept no responsibility for any such third party opinions and views.
3. Restrictions
You may not under any circumstances:
Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content;
Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Properties or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
Mirror, frame, screen scrape or deep link to any aspect of the Properties or access any Content through technology or means other than those provided or authorized by us;
Access the Properties via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Properties, or tamper with, impair, damage, attack, exploit or penetrate the Venus Vibes system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Venus Vibes or any connected networks, or take any action to impact the proper operation of the Properties and any person’s or entity’s use or enjoyment thereof;
Bypass the measures we may use to prevent or restrict access to or use of the Properties, including by hacking into secured or non-public areas of the Properties, circumventing any geo-blocking mechanisms or otherwise;
Use the Properties to collect any personally identifiable information, including Account names and e-mail addresses, or use the Properties for any commercial solicitation purposes, without our prior express written permission; or
Attempt to reverse engineer any aspect of the Properties or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Properties, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Properties.
4. User Generated Material
If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit, or otherwise post reviews, ratings, comments, feedback, or other materials on the Properties (“User Generated Material”) that may be accessible and viewable by the public.
With respect to User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of our other posted policies.
User Generated Material must not:
Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
Create or threaten harm to any person or loss or damage to any property;
Include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Venus Vibes or any other person;
Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
Misrepresent your identity or affiliation with any person or organization, including Venus Vibes;
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Venus Vibes or the networks or services connected to the Properties or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties; or
Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
Be otherwise objectionable or non-family friendly as determined by Venus Vibes at its sole discretion.
We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non¬exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Properties.
We may refuse, alter, or remove a User Submission without notice for any reason at Venus Vibes’s sole discretion, including our belief that a User Submission may violate these Terms or be otherwise objectionable. If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Generated Material posted on the Properties, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through the Properties, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Properties and your interactions with other users.
Notwithstanding our rules with regard to User Generated Material, you may be exposed to content on the Properties that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on the Properties, whether or not it violates our Terms.
If and to the extent that we elect to accept User Generated Material, please choose carefully the information you post on the Properties and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Properties, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Properties and from any claims related to the conduct of any other users.
5. Privacy and Communications
PRIVACY
We respect your privacy. By accessing or using the Properties you acknowledge that your information, including personally identifiable information, will be processed in accordance with our Privacy Policy.
CONSENT TO ELECTRONIC COMMUNICATION
You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Properties as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.
6. Modification or Suspension of the Properties and Right to Terminate Your Use of the Properties
We reserve the right to change, suspend, or discontinue any aspect of the Properties at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Properties entirely. Any description of features on the Properties shall not be considered to be a representation by Venus Vibes that such features will always be included on the Properties. From time to time, we may restrict access to some or all of the Properties, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Properties, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Properties may become unavailable to you at any time and for any period.
If we suspend or discontinue any aspect of the Properties, we are not responsible for providing you with any information or content. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.
7. Linked Destinations and Advertising
The Properties may contain links to other websites, including, but not limited to, advertisements and other content posted by us or by third-parties (“Linked Sites”). You may also navigate to the Properties from links, often provided by us, deployed by third parties in their social media, advertisements and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites is made available by Venus Vibes only as a convenience. Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. Please be careful to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms and/or our Privacy Policy to govern your use of another website or destination.
We do not endorse, and Venus Vibes expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that Venus Vibes is not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.
8. Disclaimers
You understand that products recommended by Venus Vibes may contain materials that could be dangerous if handled improperly, and you acknowledge that Venus Vibes is not liable for any personal injury or property damage arising from any misuse of any products offered through the Properties. You further acknowledge that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. You hereby agree not use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.
9. Warranty Disclaimer
The information, software, products and services included in or available through the Properties are continually upgraded and updated. While Venus Vibes will use commercially reasonable efforts to verify the accuracy of any information it places on the Properties, Venus Vibes does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses, or bugs. Accordingly, the Properties are provided “as is” and “as available” with no representation or warranty or condition of any kind and your use of the Properties is entirely at your own risk. Venus Vibes expressly disclaim any warranty or condition, express or implied, regarding the properties, information, software, products, services, or related graphics, including but not limited to, any implied warranties or conditions of merchantability, satisfactory purpose, fitness for a particular purpose, non-infringement, title, compatibility, security and accuracy, and all warranties that may arise from a course of dealing, course of performance, or usage of trade. In jurisdictions in which the exclusion of warranty is prohibited, such exclusions shall only apply to the extent permitted.
Venus Vibes does not warrant, endorse, guarantee, or assume responsibility for any information, product, or service provided, advertised or offered by a third party through the properties or any linked site and Venus Vibes will not be a party to or in any way monitor any transaction between you and any linked site. Any suck links are provided for your convenience only. If you choose to click on any such links, you acknowledge and agree that you, not Venus Vibes, are displaying its contents and you access such linked sites at your own risk. We expressly disclaim all liability for personally identifiable information that may be provided by any social media services in violation of the privacy settings that you have set in such social media accounts.
You acknowledge and agree that any reliance on the information and other materials included on the Properties shall be at your sole risk and responsibility. Venus Vibes reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Properties and to make changes to the services, materials, products, programs, and features included therein at any time with or without notice.
10. Medical, Nutrition and Fitness Information
You expressly acknowledge and agree that all medical, nutrition, and fitness information provided on the Properties, including all text, photographs, images, illustrations, graphics, audio, video, and audio-video clips, and other materials, whether provided by Venus Vibes or by other users or third parties, is provided for informational purposes only and is not intended to be and should not be used in place of (i) the advice of your physician or other medical professionals, (ii) a visit, call, or consultation with your physician or other medical professionals, or (iii_ information contained on or in any product packaging or label. Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Properties. Information and statements regarding dietary supplements have not been evaluated by the Singapore Food Safety Agency (SFA) or the Health Sciences Authority (HSA), and are not intended to diagnose, treat, cure, or prevent any disease. Should you have any health-related questions, please call or see your physician or other healthcare provider promptly. Should you have an emergency, call your physician or 911 immediately. You should never disregard medical advice or delay in seeking medical advice because of any Content presented on or via the Properties and you should not use the Properties or any Content available through or via the Properties for diagnosing or treating a health problem. The transmission and receipt of any content, in whole or in part, or communication via the Internet, e-mail, or other means does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and Venus Vibes, its affiliates, or any third party.
The Properties may periodically provide information concerning fitness and athletic activities. You expressly acknowledge and agree that such activities carry certain inherent and significant risks of property damage, bodily injury, or death, and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by our action, inaction, or negligence, or by the action, inaction, or negligence of others. Venus Vibes strongly recommends that you consult with your physician or other healthcare provider before beginning any new fitness program or engaging in any new athletic activities.
11. Indemnity and Release
You agree to defend, indemnify, and hold harmless Venus Vibes and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Venus Vibes by any third party due to or arising out of or in connection with (i) your use of and access to the Properties, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; or (vi) any other party’s access and use of the Properties with your unique username, password, or other appropriate security code.
Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms, the Privacy Policy and/or any use by you of the Properties.
12. Limitations on Liability
The providers whose third-party products and services are available via the Properties are independent contractors and not agents or employees of Venus Vibes. Venus Vibes is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such providers or for any personal injuries, death, property damage or other damage or expenses resulting, directly or indirectly, from such products and/or services.
Except for a breach of these terms of use by you (such as, for example, a commercial use of the Properties in violation of these terms of you), a violation of intellectual property rights or indemnification obligations or with respect to products or services that we provide to a specific consumer or client for a fee which shall be governed by its own contractual terms, to the maximum extent permitted by applicable law, in no event shall you or Venus Vibes and/or its affiliates, licensors, licensees, successors, or assigns be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, goodwill, or profits, arising out of or in any way connected with the use or performance of the Properties, the delay or inability to use the Properties, or for any content, products, or services obtained or purchased through the Properties, or otherwise arising out of the use of the Properties, whether based on contract, tort, negligence, strict liability or otherwise, even if Venus Vibes and/or any of its affiliates, licensors, licensees, successors, or assigns, has been advised of the possibility of such damages. In jurisdictions in which limitations of liability for consequential or incidental damages are prohibited, such limitations shall apply to the fullest extent permitted. If you are dissatisfied with any portion of the Properties or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Properties. Except for a breach of these terms of use by you (such as, for example, a commercial use of the Properties in violation of these terms of use), violation of intellectual property rights or indemnification obligations or with respect to products or services that we provide to a specific consumer for a fee which shall be governed by its own contractual terms, to the maximum extent permitted by applicable law, in no event shall your or our total liability for all damages, losses, or causes of action, whether in contract, tort (including negligence) or otherwise exceed the amount paid by you to us, if any, for accessing or participating in any activity related to use of the Properties or $50 (whichever is less).
Under no circumstances will Venus Vibes and/or any of its affiliates, licensors, licensees, successors, or assigns, be responsible for any damage, loss, or injury resulting from hacking, tampering or other unauthorized access or use of the Properties, your data, or your account or the information contained therein. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, rule, regulation, legal process, or governmental request. You waive and hold harmless Venus Vibes and its affiliates, licensors, licensees, successors, and assigns, from any claims resulting from any action relating to your account or taken as a result of any such disclosure. Venus Vibes makes no representation that the Properties is appropriate or available for use outside of Singapore. Access to the Properties from territories where such services are illegal is strictly prohibited. If you access the Properties from a location outside of Singapore, you are solely responsible for compliance with all local and other applicable laws.
13. Law and Jurisdiction
These Terms and any dispute or claim (including both contractual and non-contractual disputes and claims) arising out of or in connection with the Properties, its subject matter or its formation shall be governed by and construed in accordance with the law of the Republic of Singapore. Disputes arising from these terms of use and your use of the Properties shall be resolved by binding arbitration as provided below. By agreeing to binding arbitration, you are hereby waiving the right to bring disputes to a court. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any cause of action you may have with respect to your use of the Properties must be commenced within one year after the claim or cause of action arises.
14. Binding Arbitration and Representative Proceeding/Class Action Waiver
In the event of any dispute between you and us regarding these Terms, the Properties and/or any products or services purchased from the Properties, you and Venus Vibes agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to consulting@venus-vibes.com. We will send any notice of dispute to you at the contact information we have for you. You and Venus Vibes will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify.
All claims MUST be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or any other representation proceeding. You agree to arbitrate with Venus Vibes only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the representative proceeding/class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Singapore.
15. Waiver and Severability
No waiver by Venus Vibes of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Venus Vibes to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
16. Assignment
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
17. Admissibility
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
18. Entire Agreement
These Terms and the other agreements referred to herein constitute the sole and entire agreement between you and Venus Vibes with respect to the Properties and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Properties..