Terms and Conditions
Effective date: August 18, 2026
These Terms and Conditions (“Terms”) govern your access to and use of the Vivant Agency website (the “Site”). The Site is operated by Vivant Agency (“Vivant,” “we,” “us,” or “our”).
By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
1. Purpose of the Site
The Site provides general information about Vivant, our work, our capabilities, employment opportunities, and related topics. Its content is provided for informational and promotional purposes only.
Nothing on the Site constitutes professional, legal, financial, or other specialized advice.
2. No Client Relationship
Accessing the Site, submitting an inquiry, or communicating with Vivant does not create a client, agency, advisory, fiduciary, or other professional relationship.
A client relationship is created only through a separate written agreement signed by Vivant and the client. If these Terms conflict with a signed client agreement, the client agreement will control with respect to the services covered by that agreement.
3. Eligibility
You may use the Site only if you can legally enter into a binding agreement. If you are under the age of majority where you live, you may use the Site only with the permission and supervision of a parent or legal guardian.
The Site is not directed to children under 13.
4. Intellectual Property
Unless otherwise indicated, the Site and its contents—including text, graphics, designs, photographs, videos, animations, logos, trademarks, software, and their arrangement—are owned by or licensed to Vivant and are protected by intellectual-property laws.
Vivant grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for lawful, personal, and internal business purposes.
You may not, without prior written permission:
Copy, reproduce, distribute, publish, display, modify, or create derivative works from Site content.
Use Site content for commercial purposes.
Remove copyright, trademark, or other proprietary notices.
Use Vivant’s name, logo, or branding in a manner suggesting endorsement, affiliation, or authorization.
Frame, mirror, scrape, or systematically extract Site content.
Reverse engineer or attempt to access the Site’s source code, except where applicable law expressly permits it.
Limited quotations and links to publicly available pages are permitted when legally allowed, properly attributed, and not misleading.
Third-party names, logos, trademarks, and materials displayed on the Site remain the property of their respective owners. Their appearance does not necessarily imply endorsement or affiliation.
5. Portfolio, Case Studies, and Results
Portfolio materials and case studies may describe work completed under particular circumstances. They are provided as examples and do not guarantee that the same or similar results will be achieved for another client or project.
Some work may have been completed in collaboration with clients, contractors, production partners, or other third parties. Rights in client brands and third-party materials remain with their respective owners.
6. Acceptable Use
You agree not to:
Use the Site for an unlawful, fraudulent, abusive, or harmful purpose.
Attempt to gain unauthorized access to the Site, its servers, or connected systems.
Introduce viruses, malicious code, automated attacks, or other harmful technology.
Interfere with the Site’s operation, security, availability, or performance.
Circumvent access controls or security measures.
Collect information about other users without authorization.
Impersonate another person or misrepresent your identity or affiliation.
Submit false, misleading, defamatory, infringing, or unlawful material.
Use automated tools to crawl, scrape, index, or extract content except as expressly authorized by Vivant or permitted through standard search-engine protocols.
Use Site content or data to train an artificial-intelligence or machine-learning system without Vivant’s prior written permission.
7. Inquiries and Other Submissions
When you submit an inquiry, application, message, document, or other material through the Site, you represent that:
The information is accurate to the best of your knowledge.
You have the right to provide it.
Its submission does not violate another person’s rights or applicable law.
It does not contain malicious code or unlawful material.
You retain ownership of materials you submit. You grant Vivant permission to access, review, reproduce, and use those materials as reasonably necessary to respond to your inquiry, evaluate a potential project or application, maintain business records, and operate the Site.
Unless Vivant has signed a separate confidentiality or nondisclosure agreement, submitting information through the Site does not create a confidential relationship. Do not submit trade secrets or highly sensitive business information through a general contact form.
Personal information included in a submission will be handled as described in our Privacy Policy.
8. Employment Opportunities
Job listings are provided for informational purposes and may be modified or withdrawn at any time. Submitting an application does not guarantee an interview, offer, or employment.
Any employment relationship will be governed by a separate written offer and applicable workplace policies. Vivant may verify information submitted by an applicant where permitted by law and, when required, with appropriate notice or authorization.
9. Third-Party Services and Links
The Site may contain links to third-party websites, platforms, social networks, or services. Vivant does not control or endorse those services and is not responsible for their content, availability, security, or privacy practices.
Your use of a third-party service is governed by that provider’s terms and policies. You access third-party services at your own risk.
10. Privacy
Our collection and handling of personal information is described in our Privacy Policy. By using the Site, you acknowledge that you have reviewed that policy.
11. Site Availability and Changes
We may modify, suspend, restrict, or discontinue any part of the Site at any time without notice. We do not guarantee that the Site will always be available, uninterrupted, secure, or error-free.
We may correct errors, remove content, and update information at any time. We are not obligated to maintain or update any particular content.
12. Disclaimer of Warranties
To the fullest extent permitted by law, the Site and its content are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory.
Vivant disclaims all warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, availability, and security.
We do not warrant that the Site will be uninterrupted, error-free, free from harmful components, or suitable for your particular needs. Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.
13. Limitation of Liability
To the fullest extent permitted by law, Vivant and its owners, officers, employees, contractors, affiliates, and agents will not be liable for any indirect, incidental, consequential, exemplary, special, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity arising from or related to the Site.
To the fullest extent permitted by law, Vivant’s total liability for claims arising from or related to the Site will not exceed $100.
These limitations apply regardless of the legal theory asserted and even if Vivant was advised that damages were possible. Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
14. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Vivant and its owners, officers, employees, contractors, affiliates, and agents from claims, losses, liabilities, damages, judgments, and reasonable costs arising from:
Your misuse of the Site.
Your violation of these Terms or applicable law.
Material you submit through the Site.
Your violation of another person’s rights.
Vivant may assume control of the defense of a matter subject to indemnification, in which case you agree to cooperate with the defense.
15. Suspension and Termination
We may restrict or terminate your access to the Site if we reasonably believe you have violated these Terms, created a security risk, exposed Vivant or another party to potential liability, or used the Site unlawfully.
Sections that by their nature should survive termination will remain effective, including intellectual-property, disclaimer, liability, indemnification, and governing-law provisions.
16. Governing Law and Venue
These Terms are governed by the laws of the State of [insert state], without regard to conflict-of-law principles.
Any dispute arising from or related to the Site or these Terms must be brought in the state or federal courts located in [insert county], [insert state], and each party consents to the jurisdiction and venue of those courts.
Nothing in this section prevents either party from seeking appropriate injunctive or equitable relief.
17. Changes to These Terms
We may revise these Terms periodically. Updated Terms will be posted on this page with a revised effective date.
Changes take effect when posted unless otherwise stated. Your continued use of the Site after updated Terms are posted constitutes acceptance of the revised Terms.
18. General Provisions
If a provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.
Our failure to enforce a provision is not a waiver of that provision. You may not assign your rights or obligations under these Terms without our written consent. Vivant may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or similar transaction.
These Terms and the policies referenced in them constitute the entire agreement between you and Vivant concerning use of the Site.
19. Contact Us
Questions about these Terms may be sent to:
Vivant Agency
Email: [insert legal or general contact email]
Contact form: [insert contact-form link]