Terms & Conditions

Terms of Use

Vision Girl’s ("Vision Girl", "we", "us") website and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our website. We recommend you to read these Terms and Conditions carefully before placing an order. By using our website, you signify your agreement to be bound by these terms and conditions.

If your country of residence or establishment is the European Union,you are contracting with ZC(FR) Limited,66 AVENUE DES CHAMPS EL 75008 PARIS(Please note that is not a return address）,and it will act as processing entity for your transactions.

If your country of residence or establishment is Hong Kong and the rest of the world, you are contracting with ZC Holding (HK) Limited (“ZC”), 2/F, DAH SING LIFE BLDG, 99-105 DES VOEUX ROAD C, CENTRAL, HONG KONG (Please note that is NOT a return address.), and it will act as processing entity for your transactions.

If you reside in any other country these terms are an agreement between you and ZC,and goods and/or services will be delivered by ZC directly.

 

Newsletter Subscribing

When registering an account on our website, by default you have accepted and agreed to subscribe to our newsletter. You can cancel your subscription after registration. If you do not want to receive our latest news, you can unsubscribe by clicking the link at the bottom of the newsletter.

Processing and Disclosure of Information

We want to ensure all users of the Site that the information collected is processed and disclosed in line with these Terms of Use and the Privacy Policy.  In addition to considering the provisions of these agreements, we ask that you review the below terms, which apply to the processing and disclosure of information collected via the Site.

The information that you provide to the Site will be added to our database. In the course of processing your information, information may be shared with third party service providers for the purposes outlined within these Terms of Use. Situations in which visiongirl.com may disclose your information to third parties include:

• when we have received your consent to do so;
• in situations where sharing or disclosing your information is required in order to offer you services requested by you;
• when companies or service providers that perform business activities on behalf of visiongirl.com require such information (e.g., customer support services, payment processing services, or database management services);
• to comply with legal or regulatory requirements or obligations in accordance with applicable law or court order;
• in order to provide information that will enable us to make our services and those of our trusted partners more effective;
• to third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets; or
• to protect against potential fraud, we may verify with third parties the information collected from the Site.

If information is shared as mentioned above, we seek to limit the scope of information that is furnished to the amount necessary for the performance of the specific function. Unless otherwise required, we attempt to ensure third parties protect your information and abide by applicable privacy laws and regulations.  For more information regarding our use and sharing of the information you provide on this Site, please visit our Privacy Policy.

Implied Permission

Please note that, while visiongirl.com may seek your consent regarding certain uses of your information, it may not do so in all instances.  For example, in some cases your permission will be implied from the nature of the service requested or transaction undertaken. For instance, visiongirl.com may disclose your information to mail carriers or credit card processors in order to provide a product or fulfill a service to you. In instances like this, because the use of your information is necessary to complete the service, your permission for these uses is implied.

Your Choices Regarding Communications

As a user of the Site, you may receive communications, via email, mail, and possibly by phone, related to the information and services provided through the Site.  You will have the ability to unsubscribe from certain communications from visiongirl.com.  For example, some email messages may be more commercial in nature, such as alerts or personalized updates, company announcements or website updates.  For these types of communications, we will provide you the opportunity to exercise an opt-out or unsubscribe choice if you do not want to receive these types of communication from us.  However, doing so may cause you to be uninformed about information provided on the Site.  We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.  

Users may not be able to opt-out or unsubscribe from other types of communications.  For example, we may use your email address to confirm your request, to send you notice regarding your transaction, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.

International Transfer of Information

If you choose to provide us with personal information, visiongirl.com may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the United States which does not have the same data protection laws as the EU and by providing your personal information you consent to:

• the use of your personal information for the uses identified above in accordance with this privacy policy; and
• the transfer of your personal information to the United States as indicated above.

Use of and Comments to Material

If you disagree with any material you find on the Site, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting usthrough Contact us page.

The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Site, you should confirm any facts that are important to your decision. visiongirl.com and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site. visiongirl.com is not responsible for, and cannot guarantee the performance of goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by visiongirl.com or its licensors.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provideron ip@visiongirl.com.

To be effective, the notification must be a written communication that includes the following:

1.      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.      Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3.      Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4.      Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5.      A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

6.      A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1.      Your physical or electronic signature;

2.      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 access to it was disabled;

3.      A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4.      Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

User Generated Content

From time to time, we may permit you to submit photographs, videos, and other user generated content (collectively, “UGC”).  In submitting such materials, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant visiongirl.com, visiongirl.com’s joint venture partners, vendors, distributors, and the parents, affiliates, subsidiaries, agents, licensees, successors and assigns of all of the foregoing (collectively, "visiongirl.com Parties") a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your UGC submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the "Submission"), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the visiongirl.com Parties may or may not earn or generate through its use of your Submission.

visiongirl.com Parties' Right to Use Your Submission. You grant the visiongirl.com Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation radio broadcast, television, home video/DVD products, and mobile services) of the visiongirl.com Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the visiongirl.com Parties the right to use and distribute, and license others to use and distribute, your Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Submission hereunder.

Clearance of Your Submission for the visiongirl.com Parties' Use. You represent and warrant that your Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the visiongirl.com Parties' use and distribution of your Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Submission (collectively, the "Elements"). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the visiongirl.com Parties' use and distribution of your Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Submission are true to the best of your knowledge and that neither they, nor any Element of your Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.

Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Submission as used and distributed by the visiongirl.com Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.

Release and Waiver; Indemnification. You acknowledge that the visiongirl.com Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the visiongirl.com Parties from any and all claims arising from their use and distribution of your Submission as permitted herein.

Community and Social Media Sites, Chat Rooms, Forums, and Blogs

visiongirl.com wants to encourage an open exchange of information and ideas through the Site, but we cannot and do not review every posting made on visiongirl.com’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than visiongirl.com. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.

Responsibility for what is posted on visiongirl.com’s community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Site lies with each user -- you alone are responsible for material you post. visiongirl.com does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only.

By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that:
• Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
• Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
• Impersonates any person, business or entity, including visiongirl.com and its employees and agents or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including visiongirl.com;
• Contains an advertisement or solicitation or encourages others to make a donation;
• Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
• Results in the posting or transmission of any message anonymously or under a false name;
• Permits any person to access, using your account, any features of the Site that may require registration;
• Results in a single message being posted to more than five areas of the Site or affiliated web sites, results in any message being posted to any area of the Site if that message is, in our view, off-topic or in violation of these Terms of Use; or
• Violates these Terms of Use, guidelines or any policy posted on the Site, or interferes with the use of the Site by others.

Although visiongirl.com cannot monitor all content on visiongirl.com’s community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that visiongirl.com shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Use and any other operating rules that may be established by visiongirl.com from time to time. visiongirl.com shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Submissions, submitted to or posted on the Site for any reason, including violation of these Terms of Use, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Submissions. You acknowledge and agree that neither visiongirl.com nor any of its affiliates shall assume or have any liability for any action or inaction by visiongirl.com with respect to any conduct within the Site or any communication or posting on the Site. visiongirl.com also reserves the right to disclose any information that visiongirl.com believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.

visiongirl.com requires you not to use the Site to violate anyone's copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Site, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of these Terms of Use, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

Our Use of Materials

With the exception of any and all Submissions (visiongirl.com’s permitted use of which is discussed above) and any material posted on visiongirl.com’s community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of visiongirl.com and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on visiongirl.com’s community and social media sites, you are granting to visiongirl.com, and to anyone authorized by visiongirl.com, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on visiongirl.com’s community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant visiongirl.com, and anyone authorized by visiongirl.com, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as visiongirl.com deems appropriate.

The materials available through the Site are the property of visiongirl.com or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Site. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Site in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on the Site, and to tell them how to find it.

Linking

We welcome links to the Site. You are usually free to establish a hypertext link to any publicly available portion of the Site so long as the link does not state or imply any sponsorship or endorsement of your site by our Site or by visiongirl.com. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Site.

No Soliciting or Spamming

You agree not to use the Site to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.

From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.

No Framing

Without the prior written permission of visiongirl.com, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, visiongirl.com or any of their licensors into another website or other service.

Trademarks

We don't want anyone to be confused as to which materials and services are provided by visiongirl.com and which are not. You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark.

Disclaimer of Warranties

THIS SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, VISIONGIRL.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR USE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

We have no liability whatsoever for the results of submissions of information or requests to this Site or by means of this Site. UNDER NO CIRCUMSTANCES SHALL VISIONGIRL.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“REPRESENTATIVES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR OUR SERVICES, EVEN IF visiongirl.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL VISIONGIRL.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

Access and Interference

Much of the information on the Site is updated on a real time basis. By using the Site, you agree not to:

• Use any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without our express written permission.
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
• Implement any manual processes to monitor or copy content from the Site without express written permission.
• Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Site.

Remedies

Your access and use privileges of this Site and its content are conditioned upon your adherence to these Terms of Use. visiongirl.com has the right to deny you access and use of this Site and its content if you violate (as visiongirl.com may determine in its sole and absolute discretion) any provision of these Terms of Use. visiongirl.com reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold visiongirl.com and its Representatives harmless from any claim or demand, including reasonable attorneys' fees, made by a third party in connection with or arising out of your access to, or use of, this Site or any of its content in a manner other than as expressly authorized by these Terms of Use, your breach of these Terms of Use or your violation of applicable laws or any third party rights.

Links to Other Web Sites

visiongirl.com is not responsible or liable for any content presented by or contained on any independent web site, including, but not limited to, any advertising claims or marketing practices. Please note that we cannot control and will not be responsible for the privacy policies of third party web sites. Third party web sites that are accessed through links on our web sites have separate privacy and data collection practices, and security measures. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their web sites. We recommend that you review the privacy statements and policies of linked web sites to understand how those web sites collect, use and store information.

Updates to the Terms of Use

visiongirl.com reserves the right to amend these Terms of Use at any time in order to meet changes in the regulatory environment, business needs, or to satisfy the needs of our customers, distributor partners, and service providers.  When we do, we will also revise the “last revised” date at the bottom of these Terms of Use.

Choice of Law

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of the you or visiongirl.com in connection with the Site, shall be governed by, and construed in accordance with, the substantive laws of France without regard to conflicts of law principles.These terms and conditions are governed by laws of France.   

Arbitration

By using the Site, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Site or visiongirl.com will be decided by binding arbitration. All disputes between you and visiongirl.com of any kind or nature arising out of these Terms of Use or your use of the Site, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Washington, DC area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.

Entire Agreement

These Terms of Use contain the entire agreement between you and us regarding the use of the Site and its content and supersede any and all other agreements between us with respect to matters in these Terms of Use.

Other

No waiver of any provisions in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Additionally, if any provision of these Terms of Use is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. 

visiongirl.com enters into this Agreement on its own behalf and on behalf of each of its worldwide affiliates.  Accordingly, visiongirl.com holds the benefit of and may enforce this Agreement on behalf of those affiliates. visiongirl.com reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement.