Terms of service

Welcome to Vintissimo Corp., curators and manufacturers of new, vintage and antique furniture, decor and art.  Please read on to learn the rules and restrictions that govern your use of our website (including all data, contents and computer code contained on or transmitted from these websites), products, services and applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: [email protected]

Phone: 203 810 6040

Address: 1069 Connecticut Ave, Bridgeport CT

These Terms of Service (the “Terms” or “TOS”) are a binding contract between you and Vintissimo Corp. (referred to throughout this TOS as “Vintissimo,” “we,” “us,” and “our”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. This TOS includes the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.  Your use of or participation in certain Service may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. 

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A LAWSUIT. 

Modifications to the Services or these Terms 

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content (defined) from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of this ToS), in our sole discretion, and without notice. 

As we are constantly trying to improve our Services, this TOS may need to change along with our Services.  Accordingly, Vintissimo reserves the right to change or modify the Services, any of the terms and conditions contained in this TOS and/or Membership Agreement, or any policy governing the Services at any time, including the commission or payment structure for any listing that has not expired.

You are responsible for regularly reviewing any updates to this TOS at www.vintissimo.com. If you do not agree with the new TOS, you are free to reject it; unfortunately, that means you will no longer be able to use the Services.  If you use the Services in any way after a change to the TOS is effective, that means you agree to all of the changes. 

Except for changes by us as described here, no other amendment or modification of this TOS will be effective unless in writing and signed by both you and us.

Use of the Services

As a condition of using the Services, you represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity. 

You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services  If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.  

Vintissimo reserves the right to cease offering the Services at any time.

Account Set Up and Data

In order to use the Services, you will be required to sign up for an account, select a password and either an email address or a user name (“Vintissimo User ID”) and provide us with certain information or data, such as your registration and contact information ("Account Data"). You may not select as your Vintissimo User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You promise to provide us with accurate, complete and updated Account Data and to keep your Account Data accurate and current at all times. You may edit your Account Data at any time by logging in to your account at www.vintissimo.com.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Facebook. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. 

You consent to the collection and use of your Account Data and certain other information in accordance with our Privacy Policy located at www.vintissimo.com 

You will not share your Vintissimo User ID, account or password with anyone, and you must protect the security of your Vintissimo User ID, account, password and any other access tools or credentials. You are responsible for any activity associated with your Vintissimo User ID and account. You also agree that we will not be liable for any loss or damage arising from your failure to keep your Vintissimo User ID or password secure.

User Privacy

Vintissimo  takes the privacy of its users very seriously. For the current Vintissimo Privacy Policy, please click here. 

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information.  If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at [email protected].

Before purchasing Goods from Vintissimo, Buyers are responsible for making their own determinations that the Goods are suitable for the Buyers' needs. While Vintissimo adheres to high standards of quality and inspects thoroughly each product that it sells, it does not warrant that a product will be in condition satisfiable as to the Buyer's standards and needs.   Vintissmo can’t and won’t be responsible for ensuring that information (including credentials) a Buyer provides about himself or herself or about the Goods being offered is accurate or up-to-date. 

You hereby acknowledge that Vintissimo disclaims any responsibility and liability for the Goods it sells, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

Buyers

Certain of the Services may allow you to purchase Goods using the Services. If you purchase any Goods using the Service:

• You agree to pay the amount listed and all other disclosed amounts, such as taxes, duties, costs and expenses. You agree that you are responsible for all payments and taxes associated with your use of the Services.
• You agree that we can automatically charge your credit card during the purchase process. All amounts are in US Dollars only.

Return Policy.  

Prior to shipping, local pickup or local delivery, buyers may cancel an order for any reason. Please notify us within 24 hours of purchase if you would like to cancel an order, as prompt cancellation will reduce the likelihood that you will incur return shipping charges. 

Once shipping has been initiated, the cancellation will be considered a return, and you will be responsible for packaging and shipping the returned item, including both the outbound shipping costs and the coststo return the item. If you decide to cancel the order at the time of local pickup or local delivery, you or your agent must reject the item at the time of pickup or delivery. Do not take the item with you or accept the curbside delivery.

Orders originating outside of the continental United States cannot be cancelled once shipping has been initiated.

Except for the Return Policy, all fees and charges are nonrefundable.

Certain transactions may display 'estimated value' on a listing but we are not evaluation experts and rely on data from publicly available data. Thus, we strongly recommend that you do your own research to determine the value of an item.

While we do our best to give you accurate listing information, we cannot guarantee that the listing is 100% accurate and likewise cannot guarantee the authenticity of any item.  

• Text Messaging

As part of the Services, you may receive communications through the Services, including messages that Vintissimo sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Vintissimo to send you information that we think may be of interest to you, which may include Vintissimo using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Vintissimo, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Vintissimo. You agree to indemnify and hold Vintissimo harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Please Don't Abuse Others or Our Services

You represent, warrant, and agree that you will not contribute any Content (defined below) or otherwise use the Services or interact with the Services in a manner that:

• infringes or violates the intellectual property rights or any other rights of anyone else (including Vintissimo);
• violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Vintissimo;
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, abusive, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
• jeopardizes the security of your Vintissimo User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
• attempts, in any manner, to obtain the password, account, or other security information from any other user;
• violates the security of any computer network, or cracks any passwords or security encryption codes;
• runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• copies or stores any significant portion of the Content; or
• decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Goods or Services.

You further agree to not:

• fail to deliver payment for Goods purchased by you;
• fail to deliver Goods purchased from you;
• circumvent Vintissimo's policies;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Vintissimo;
• engage in any unsolicited or unauthorized advertising, "spamming" or "chain letters," or any other form of solicitation;
• share Vintissimo's or other Users’ proprietary information or Content obtained through Vintissimo's Services outside of the Services without Vintissimo's or such User’s written consent;
• abuse or harass another using the Services;
• access the Services by any means other than through the interface that is provided, or violate any usage rules relating to the protection of materials or technology on the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services. 

From time to time, Vintissimo may modify the rules of its Services to promote accurate representation and reliable delivery of Goods sold on its Services.  We have the right, but not the obligation, in our sole discretion to impose consequences on you for behaviors that Vintissimo deems, in its sole discretion, to be inconsistent with Vintissimo policies or the spirit of a trustworthy marketplace.  In addition, we have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any Buyer from the Services.

Your Content on the Services

Our Services include information, data, text, articles, photographs, graphics, images, illustrations, video, messages, tags, or other materials ("Content") from many people and entities, including you, and such Content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all Content that you email, transmit, upload or otherwise make available while using the Services (including through any third party service integrations you enable through the Services), and for the consequences of your actions (including any loss or damage which Vintissimo may suffer).  The Content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Vintissimo) rights.

When you upload or post any Content to our Services, you grant to Vintissimo and its affiliates a license and right to such Content (and any intellectual property or other proprietary rights you have in such Content) to distribute, syndicate, reproduce, edit, modify, adapt, store, aggregate, publish, publicly perform, publicly display, make derivative works of, and otherwise use, in the broadest sense permitted under applicable law, such Content on or off the Services: (a) for the purpose of providing the Services to you and other Users, such as promoting your listings on the Services; and (b) with respect to Content that is related to the Goods, such as information, photographs, and videos of your Goods, for the purpose of marketing and promoting the Services.  For example, for marketing and other purposes, Vintissimo will occasionally display your Content or listings on other sites, like Facebook, Twitter and Pinterest.  You agree that the licenses you grant us with respect to such Content are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. In order to participate in certain additional Vintissimo programs or features, Vintissimo may need additional rights with respect to your Content in order to provide such Vintissimo programs or features to you.  Any such additional rights, if necessary, will be specified in a separate agreement between you and Vintissimo that you will have the right to review and approve.  For example, if you participate in our program that enables interior designers to submit lifestyle imagery for inclusion in Vintissimo's designer directory or editorial features, Vintissimo's rights in such content will be set forth in a separate agreement.

You represent and warrant that you own or otherwise control or have a license to all necessary rights to the Content that you post or submit to Vintissimo for use on the Services and that you have sufficient rights to grant this license to such Content to Vintissimo without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.  In addition, you agree that Vintissimo and its respective affiliates, successors and assigns is not under any obligation of confidentiality with respect to any such Content and that by posting Content, other Users may re-post your Content on third party websites.

Certain features of the Services allow you to share information with others, including through your social networks or other services where you have an account (“Third Party Accounts”). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Vintissimo to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request. 

Proprietary Rights

All rights, title and interest to the Services (which includes any Vintissimo content or materials made available via the Service, the Services' look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of Vintissimo, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws.

You may not use, copy, modify, create a derivative work from, reverse engineer, sell, distribute, assign, sublicense or otherwise transfer any right, of any part of the Services without the prior written consent of the respective owner.

Unless otherwise agreed to in a separate agreement between us, with respect to any software or applications that we make available to you (collectively, the "Software"), Vintissimo grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use such Software provided, for the sole purpose of enabling you to use the Services in the manner permitted by this TOS. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof. You may not assign or grant a sublicense of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

You agree to only use the Services for personal purposes, and not for any unintended use of the Services. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Services.

Interactions with Third Parties

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it.  We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.  We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. 

Certain of our Services may contain links or connections to third-party websites or services that are not owned or controlled by Vintissimo. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Vintissimo is not responsible for such risks.  

Vintissimo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Vintissimo will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. 

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Vintissimo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Vintissimo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Vintissimo, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. 

Billing and Payment Method

We use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services (including the purchase of any Goods). The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to this ToS. Please see below for additional information on specific Payment Processors that we use for different Paid Services. We are not responsible for any error by, or other acts or omissions of, any Payment Processor.

By choosing to use Paid Services or purchase any Goods, you agree to pay through the applicable Payment Processor all charges for any use of such Paid Services (including the purchase of any Goods) in accordance with the applicable payment terms, and you authorize us through the Payment Processors to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that a Payment Processor makes even if it has already requested or received payment.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issue or other provider of your chosen Payment Method. If we do not receive payment from you, you agree to pay all amounts due on your account upon demand. 

Current Information Required: YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT (INCLUDING CURRENT, COMPLETE AND ACCURATE CREDIT CARD AND BILLING INFORMATION).  YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

Feedback

By submitting feedback, ideas, ratings, reviews, or suggestions ("Feedback") to Vintissimo, publicly through web pages (e.g. forums), or privately through customer service, you acknowledge and agree that: (a) your Feedback automatically becomes the property of Vintissimo without any obligation of Vintissimo to you; (b) your Feedback does not contain confidential or proprietary information of you or any third party; (c) Vintissimo may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) Vintissimo may have something similar to the Feedback already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Vintissimo.

Termination

You’re free to stop using the Services at any time by contacting us at [email protected]; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. 

You agree that V may terminate or suspend your Vintissimo account and access to the Services at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TOS, including any policies or documents incorporated by reference, or any other agreement you have entered into with Vintissimo, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. Vintissimo has the sole right to decide whether you are in violation of any of the restrictions set forth in this ToS. 

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. Vintissimo may delete your Content, your password and all related information, and files and content associated with your account. You agree that Vintissimo shall not be liable to you or any third party for any termination of your account or access to the Service.

If you have deleted your account by mistake, contact us immediately at [email protected] – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything. 

Provisions that, by their nature, should survive termination of this ToS shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement. 

Disclaimer of Warranties

Your use of the Services is at your sole risk. Vintissimo and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Vintissimo and all such parties together, the “Vintissimo Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any Goods, and the Vintissimo Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits, procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Vintissimo Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services, including, without limitation, any Goods. Products and services purchased or offered through the Services are provided “AS IS” and without any warranty of any kind from the Vintissimo Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).  THE SERVICES AND CONTENT ARE PROVIDED BY VINTISSIMO (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE VINTISSIMO PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS (II) THE AMOUNT DUE UNDER OUR THEN-CURRENT REFUND POLICY, OR (III) THE FAIR MARKET VALUE OR LISTING PRICE OF THE GOODS ITEM SUBJECT TO THE APPLICABLE CLAIM, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

You agree that you must evaluate, and bear all risks associated with, the use of any Content and items, including any reliance on the accuracy, completeness, or usefulness of such Content and items.

Indemnity

You agree to indemnify and hold the Vintissimo Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and any Goods (including any Goods you buy, sell or offer to sell using the Services), (b) your violation of this TOS, and (c) your violation of any applicable law, rule or regulation or any rights of another. 

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Vintissimo's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Connecticut, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Vintissimo and limits the manner in which you can seek relief from Vintissimo. Both you and Vintissimo acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Vintissimo's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Arbitration Rules; Applicability of Arbitration Agreement: The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Fairfield County, Connecticut. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 

Costs of Arbitration: The Rules will govern payment of all arbitration fees. Vintissimo will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. 

Small Claims Court; Infringement: Either you or Vintissimo may assert claims, if they qualify, in small claims court in Connecticut or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. 

Waiver of Jury Trial:  YOU AND VINTISSIMO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Vintissimo are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Vintissimo over whether to vacate or enforce an arbitration award, YOU AND VINTISSIMO WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Vintissimo is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in the “Exclusive Venue” section below. 

Opt-out: You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 2069 Connecticut Avenue, Bridgeport CT postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

Exclusive Venue: If you send the opt-out notice above, and/or in any circumstances where the foregoing arbitration agreement permits either you or Vintissimo to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Vintissimo agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Fairfield County, Connecticut, or the federal district in which that county falls. 

Severability: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Vintissimo.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Vintissimo may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. Vintissimo shall not be held liable or responsible to you nor be deemed to have defaulted under or breached this ToS for any failure or delay in fulfilling or performing any term of this ToS where such failure or delay is caused by or results from causes beyond the reasonable control of Vintissimo, including but not limited to, the elements, fire, floods, severe weather, earthquake, epidemics or pandemics, vandalism, accidents, sabotage, power failure, denial of service attacks or similar attacks, Internet failure, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority or by you or another User. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. 

Copyright Dispute Policy and Notice Procedure

Vintissio respects the intellectual property of others, and we ask our users to do the same.  You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Vintissimo, being asked to remove material that allegedly violates someone’s copyright.  In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement.  We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

1. Procedure for Reporting Copyright Infringements.  If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Vintissimo's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Vintissimo is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, email address;
• A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

1. Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent.  Upon receipt of a proper notice of copyright infringement, we reserve the right to:

• remove or disable access to the infringing material;
• notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
• terminate such content provider's access to the Services if he or she is a repeat offender.

1. Procedure to Supply a Counter-Notice to the Designated Agent.  If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

• A physical or electronic signature of the content provider;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Vintissimo is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Vintissimo may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Vintissimo may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Vintissimo's discretion.

Please contact Vintissimo's Designated Agent at the following address:

By email to: [email protected]

By mail to:

Copyright Agent

Vintissimo Corp.

2069 Connecticut Ave, Bridgeport CT

Welcome to Vintissimo Corp., curators and manufacturers of new, vintage and antique furniture, decor and art.  Please read on to learn the rules and restrictions that govern your use of our website (including all data, contents and computer code contained on or transmitted from these websites), products, services and applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: [email protected]

Phone: 203 810 6040

Address: 1069 Connecticut Ave, Bridgeport CT

These Terms of Service (the “Terms” or “TOS”) are a binding contract between you and Vintissimo Corp. (referred to throughout this TOS as “Vintissimo,” “we,” “us,” and “our”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. This TOS includes the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.  Your use of or participation in certain Service may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. 

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A LAWSUIT. 

Modifications to the Services or these Terms 

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content (defined) from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of this ToS), in our sole discretion, and without notice. 

As we are constantly trying to improve our Services, this TOS may need to change along with our Services.  Accordingly, Vintissimo reserves the right to change or modify the Services, any of the terms and conditions contained in this TOS and/or Membership Agreement, or any policy governing the Services at any time, including the commission or payment structure for any listing that has not expired.

You are responsible for regularly reviewing any updates to this TOS at www.vintissimo.com. If you do not agree with the new TOS, you are free to reject it; unfortunately, that means you will no longer be able to use the Services.  If you use the Services in any way after a change to the TOS is effective, that means you agree to all of the changes. 

Except for changes by us as described here, no other amendment or modification of this TOS will be effective unless in writing and signed by both you and us.

Use of the Services

As a condition of using the Services, you represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity. 

You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services  If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.  

Vintissimo reserves the right to cease offering the Services at any time.

Account Set Up and Data

In order to use the Services, you will be required to sign up for an account, select a password and either an email address or a user name (“Vintissimo User ID”) and provide us with certain information or data, such as your registration and contact information ("Account Data"). You may not select as your Vintissimo User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You promise to provide us with accurate, complete and updated Account Data and to keep your Account Data accurate and current at all times. You may edit your Account Data at any time by logging in to your account at www.vintissimo.com.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Facebook. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. 

You consent to the collection and use of your Account Data and certain other information in accordance with our Privacy Policy located at www.vintissimo.com 

You will not share your Vintissimo User ID, account or password with anyone, and you must protect the security of your Vintissimo User ID, account, password and any other access tools or credentials. You are responsible for any activity associated with your Vintissimo User ID and account. You also agree that we will not be liable for any loss or damage arising from your failure to keep your Vintissimo User ID or password secure.

User Privacy

Vintissimo  takes the privacy of its users very seriously. For the current Vintissimo Privacy Policy, please click here. 

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information.  If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at [email protected].

Before purchasing Goods from Vintissimo, Buyers are responsible for making their own determinations that the Goods are suitable for the Buyers' needs. While Vintissimo adheres to high standards of quality and inspects thoroughly each product that it sells, it does not warrant that a product will be in condition satisfiable as to the Buyer's standards and needs.   Vintissmo can’t and won’t be responsible for ensuring that information (including credentials) a Buyer provides about himself or herself or about the Goods being offered is accurate or up-to-date. 

You hereby acknowledge that Vintissimo disclaims any responsibility and liability for the Goods it sells, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

Buyers

Certain of the Services may allow you to purchase Goods using the Services. If you purchase any Goods using the Service:

• You agree to pay the amount listed and all other disclosed amounts, such as taxes, duties, costs and expenses. You agree that you are responsible for all payments and taxes associated with your use of the Services.
• You agree that we can automatically charge your credit card during the purchase process. All amounts are in US Dollars only.

Return Policy.  

Prior to shipping, local pickup or local delivery, buyers may cancel an order for any reason. Please notify us within 24 hours of purchase if you would like to cancel an order, as prompt cancellation will reduce the likelihood that you will incur return shipping charges. 

Once shipping has been initiated, the cancellation will be considered a return, and you will be responsible for packaging and shipping the returned item, including both the outbound shipping costs and the coststo return the item. If you decide to cancel the order at the time of local pickup or local delivery, you or your agent must reject the item at the time of pickup or delivery. Do not take the item with you or accept the curbside delivery.

Orders originating outside of the continental United States cannot be cancelled once shipping has been initiated.

Except for the Return Policy, all fees and charges are nonrefundable.

Certain transactions may display 'estimated value' on a listing but we are not evaluation experts and rely on data from publicly available data. Thus, we strongly recommend that you do your own research to determine the value of an item.

While we do our best to give you accurate listing information, we cannot guarantee that the listing is 100% accurate and likewise cannot guarantee the authenticity of any item.  

• Text Messaging

As part of the Services, you may receive communications through the Services, including messages that Vintissimo sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Vintissimo to send you information that we think may be of interest to you, which may include Vintissimo using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Vintissimo, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Vintissimo. You agree to indemnify and hold Vintissimo harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Please Don't Abuse Others or Our Services

You represent, warrant, and agree that you will not contribute any Content (defined below) or otherwise use the Services or interact with the Services in a manner that:

• infringes or violates the intellectual property rights or any other rights of anyone else (including Vintissimo);
• violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Vintissimo;
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, abusive, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
• jeopardizes the security of your Vintissimo User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
• attempts, in any manner, to obtain the password, account, or other security information from any other user;
• violates the security of any computer network, or cracks any passwords or security encryption codes;
• runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• copies or stores any significant portion of the Content; or
• decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Goods or Services.

You further agree to not:

• fail to deliver payment for Goods purchased by you;
• fail to deliver Goods purchased from you;
• circumvent Vintissimo's policies;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Vintissimo;
• engage in any unsolicited or unauthorized advertising, "spamming" or "chain letters," or any other form of solicitation;
• share Vintissimo's or other Users’ proprietary information or Content obtained through Vintissimo's Services outside of the Services without Vintissimo's or such User’s written consent;
• abuse or harass another using the Services;
• access the Services by any means other than through the interface that is provided, or violate any usage rules relating to the protection of materials or technology on the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services. 

From time to time, Vintissimo may modify the rules of its Services to promote accurate representation and reliable delivery of Goods sold on its Services.  We have the right, but not the obligation, in our sole discretion to impose consequences on you for behaviors that Vintissimo deems, in its sole discretion, to be inconsistent with Vintissimo policies or the spirit of a trustworthy marketplace.  In addition, we have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any Buyer from the Services.

Your Content on the Services

Our Services include information, data, text, articles, photographs, graphics, images, illustrations, video, messages, tags, or other materials ("Content") from many people and entities, including you, and such Content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all Content that you email, transmit, upload or otherwise make available while using the Services (including through any third party service integrations you enable through the Services), and for the consequences of your actions (including any loss or damage which Vintissimo may suffer).  The Content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Vintissimo) rights.

When you upload or post any Content to our Services, you grant to Vintissimo and its affiliates a license and right to such Content (and any intellectual property or other proprietary rights you have in such Content) to distribute, syndicate, reproduce, edit, modify, adapt, store, aggregate, publish, publicly perform, publicly display, make derivative works of, and otherwise use, in the broadest sense permitted under applicable law, such Content on or off the Services: (a) for the purpose of providing the Services to you and other Users, such as promoting your listings on the Services; and (b) with respect to Content that is related to the Goods, such as information, photographs, and videos of your Goods, for the purpose of marketing and promoting the Services.  For example, for marketing and other purposes, Vintissimo will occasionally display your Content or listings on other sites, like Facebook, Twitter and Pinterest.  You agree that the licenses you grant us with respect to such Content are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. In order to participate in certain additional Vintissimo programs or features, Vintissimo may need additional rights with respect to your Content in order to provide such Vintissimo programs or features to you.  Any such additional rights, if necessary, will be specified in a separate agreement between you and Vintissimo that you will have the right to review and approve.  For example, if you participate in our program that enables interior designers to submit lifestyle imagery for inclusion in Vintissimo's designer directory or editorial features, Vintissimo's rights in such content will be set forth in a separate agreement.

You represent and warrant that you own or otherwise control or have a license to all necessary rights to the Content that you post or submit to Vintissimo for use on the Services and that you have sufficient rights to grant this license to such Content to Vintissimo without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.  In addition, you agree that Vintissimo and its respective affiliates, successors and assigns is not under any obligation of confidentiality with respect to any such Content and that by posting Content, other Users may re-post your Content on third party websites.

Certain features of the Services allow you to share information with others, including through your social networks or other services where you have an account (“Third Party Accounts”). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Vintissimo to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request. 

Proprietary Rights

All rights, title and interest to the Services (which includes any Vintissimo content or materials made available via the Service, the Services' look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of Vintissimo, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws.

You may not use, copy, modify, create a derivative work from, reverse engineer, sell, distribute, assign, sublicense or otherwise transfer any right, of any part of the Services without the prior written consent of the respective owner.

Unless otherwise agreed to in a separate agreement between us, with respect to any software or applications that we make available to you (collectively, the "Software"), Vintissimo grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use such Software provided, for the sole purpose of enabling you to use the Services in the manner permitted by this TOS. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof. You may not assign or grant a sublicense of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

You agree to only use the Services for personal purposes, and not for any unintended use of the Services. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Services.

Interactions with Third Parties

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it.  We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.  We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. 

Certain of our Services may contain links or connections to third-party websites or services that are not owned or controlled by Vintissimo. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Vintissimo is not responsible for such risks.  

Vintissimo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Vintissimo will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. 

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Vintissimo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Vintissimo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Vintissimo, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. 

Billing and Payment Method

We use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services (including the purchase of any Goods). The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to this ToS. Please see below for additional information on specific Payment Processors that we use for different Paid Services. We are not responsible for any error by, or other acts or omissions of, any Payment Processor.

By choosing to use Paid Services or purchase any Goods, you agree to pay through the applicable Payment Processor all charges for any use of such Paid Services (including the purchase of any Goods) in accordance with the applicable payment terms, and you authorize us through the Payment Processors to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that a Payment Processor makes even if it has already requested or received payment.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issue or other provider of your chosen Payment Method. If we do not receive payment from you, you agree to pay all amounts due on your account upon demand. 

Current Information Required: YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT (INCLUDING CURRENT, COMPLETE AND ACCURATE CREDIT CARD AND BILLING INFORMATION).  YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

Feedback

By submitting feedback, ideas, ratings, reviews, or suggestions ("Feedback") to Vintissimo, publicly through web pages (e.g. forums), or privately through customer service, you acknowledge and agree that: (a) your Feedback automatically becomes the property of Vintissimo without any obligation of Vintissimo to you; (b) your Feedback does not contain confidential or proprietary information of you or any third party; (c) Vintissimo may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) Vintissimo may have something similar to the Feedback already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Vintissimo.

Termination

You’re free to stop using the Services at any time by contacting us at [email protected]; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. 

You agree that V may terminate or suspend your Vintissimo account and access to the Services at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TOS, including any policies or documents incorporated by reference, or any other agreement you have entered into with Vintissimo, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. Vintissimo has the sole right to decide whether you are in violation of any of the restrictions set forth in this ToS. 

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. Vintissimo may delete your Content, your password and all related information, and files and content associated with your account. You agree that Vintissimo shall not be liable to you or any third party for any termination of your account or access to the Service.

If you have deleted your account by mistake, contact us immediately at [email protected] – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything. 

Provisions that, by their nature, should survive termination of this ToS shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement. 

Disclaimer of Warranties

Your use of the Services is at your sole risk. Vintissimo and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Vintissimo and all such parties together, the “Vintissimo Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any Goods, and the Vintissimo Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits, procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Vintissimo Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services, including, without limitation, any Goods. Products and services purchased or offered through the Services are provided “AS IS” and without any warranty of any kind from the Vintissimo Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).  THE SERVICES AND CONTENT ARE PROVIDED BY VINTISSIMO (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE VINTISSIMO PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS (II) THE AMOUNT DUE UNDER OUR THEN-CURRENT REFUND POLICY, OR (III) THE FAIR MARKET VALUE OR LISTING PRICE OF THE GOODS ITEM SUBJECT TO THE APPLICABLE CLAIM, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

You agree that you must evaluate, and bear all risks associated with, the use of any Content and items, including any reliance on the accuracy, completeness, or usefulness of such Content and items.

Indemnity

You agree to indemnify and hold the Vintissimo Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and any Goods (including any Goods you buy, sell or offer to sell using the Services), (b) your violation of this TOS, and (c) your violation of any applicable law, rule or regulation or any rights of another. 

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Vintissimo's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Connecticut, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Vintissimo and limits the manner in which you can seek relief from Vintissimo. Both you and Vintissimo acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Vintissimo's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Arbitration Rules; Applicability of Arbitration Agreement: The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Fairfield County, Connecticut. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 

Costs of Arbitration: The Rules will govern payment of all arbitration fees. Vintissimo will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. 

Small Claims Court; Infringement: Either you or Vintissimo may assert claims, if they qualify, in small claims court in Connecticut or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. 

Waiver of Jury Trial:  YOU AND VINTISSIMO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Vintissimo are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Vintissimo over whether to vacate or enforce an arbitration award, YOU AND VINTISSIMO WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Vintissimo is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in the “Exclusive Venue” section below. 

Opt-out: You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 2069 Connecticut Avenue, Bridgeport CT postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

Exclusive Venue: If you send the opt-out notice above, and/or in any circumstances where the foregoing arbitration agreement permits either you or Vintissimo to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Vintissimo agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Fairfield County, Connecticut, or the federal district in which that county falls. 

Severability: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Vintissimo.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Vintissimo may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. Vintissimo shall not be held liable or responsible to you nor be deemed to have defaulted under or breached this ToS for any failure or delay in fulfilling or performing any term of this ToS where such failure or delay is caused by or results from causes beyond the reasonable control of Vintissimo, including but not limited to, the elements, fire, floods, severe weather, earthquake, epidemics or pandemics, vandalism, accidents, sabotage, power failure, denial of service attacks or similar attacks, Internet failure, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority or by you or another User. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. 

Copyright Dispute Policy and Notice Procedure

Vintissio respects the intellectual property of others, and we ask our users to do the same.  You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Vintissimo, being asked to remove material that allegedly violates someone’s copyright.  In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement.  We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

1. Procedure for Reporting Copyright Infringements.  If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Vintissimo's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Vintissimo is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, email address;
• A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

1. Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent.  Upon receipt of a proper notice of copyright infringement, we reserve the right to:

• remove or disable access to the infringing material;
• notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
• terminate such content provider's access to the Services if he or she is a repeat offender.

1. Procedure to Supply a Counter-Notice to the Designated Agent.  If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

• A physical or electronic signature of the content provider;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Vintissimo is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Vintissimo may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Vintissimo may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Vintissimo's discretion.

Please contact Vintissimo's Designated Agent at the following address:

By email to: [email protected]

By mail to:

Copyright Agent

Vintissimo Corp.

2069 Connecticut Ave, Bridgeport CT