Date of Last Update or Revision: June 11, 2020
- Use any portion of the Site.
- Publish, contribute, access, view or use any Content on or through the Site.
CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP.
You acknowledge that the messages, information, data, text, software, images, logos, button shapes, layout, design compilation and presentation of information, graphics or other materials as well as the “look and feel” of any web pages (collectively, the “Content”) that are posted on or are otherwise incorporated into the Site contain trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are proprietary to VIVA, its vendors and service providers, and other third party licensors or suppliers (“Third Party Licensors”), and that such proprietary material is protected by law, including U.S. copyright laws, trademark laws and international treaty provisions. The deletion or alteration of any copyright, trademark or other proprietary notices from the Site is strictly forbidden.
Any unauthorized use of Content accessed through the Site may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief.
The Content displayed, distributed or otherwise accessible through the Site includes information (which may include, without limitation, factual information, personal narratives, advice, opinions, images, prices offered for items, item descriptions, and certain third-party terms of service) from various third-party sources, including Third Party Licensors. VIVA has not independently verified that any Content is complete, current, accurate, safe, inoffensive, non-objectionable, or otherwise appropriate for any user of the Site and expressly disclaims any warranty with respect to the reliability of such information. You acknowledge and agree that your reliance on the Content is solely at your own risk. If you have any questions with respect to the Content displayed, distributed or otherwise accessible through the Site, please contact VIVA.
ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED OR OTHERWISE COMMUNICATED THROUGH THE SITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. VIVA AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY BRAND OWNERS.
USERNAMES, PASSWORDS AND ACCOUNT INFORMATION FOR THE SITE.
COMMUNICATING WITH THE SITE.
You represent and warrant that your Communications contain no confidential or proprietary information of yours or of any third party and that you have all necessary permissions, licenses, rights, and consents to transmit, upload, republish, display, distribute, or transmit your Communications.
RESTRICTIONS ON COMMUNICATIONS.
- Do not advocate or solicit any activity that is illegal under the laws of any state in the United States or under U.S. federal law.
- Do not transmit Content or Communications that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, pornographic, lewd, indecent, profane, racially, ethnically or otherwise objectionable, or that may invade another’s right of privacy or publicity or other personal rights.
- Do not transmit Content or Communications that infringes or otherwise violates any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of VIVA or any third party.
You acknowledge that you have no expectation of privacy in any Communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and VIVA by reason of your transmitting Communications to or through the Site.
- Delete any author attributions, legal notices or proprietary designations or labels on Content on the Site.
- Provide any false or intentionally inaccurate or misleading information in any Communications transmitted to or through the Site, including impersonation of any person or entity and misrepresenting your affiliation with a person or entity.
- Transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, such as opinions or notices, commercial or otherwise.
- Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Site for any unlawful purpose.
- Access data not intended for your use or viewing, or log into an account or server which you are not authorized to access.
- Take any action which imposes an unreasonable or disproportionately large load or burden on the Site or use the Site in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the Site or any Content, or in a manner that adversely affects the Site and/or the availability of the Content to other users, including without limitation transmitting Communications that contain a virus, Trojan horse, or corrupted data, excessive shouting, use of all caps, overloading, mail bombing, crashing or flooding or continuous tranmission of repetitive text.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided on, comprising or in any way making up a part of the Site, or otherwise used in connection with the operation of the Site or any Content.
- Attempt to probe, scan or test the vulnerability of a system or network related to the Site, or to circumvent, disable or otherwise breach any security-related features or authentication measures of the Site (including features designed to prevent or restrict use or copying of any Content) without proper authorization.
- Interfere with or disrupt the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise.
- Collect or attempt to collect any information of other users of the Site, registered members or other members of the public without the subject’s consent, including without limitation usernames and passwords for the Site, Site account information, and personally identifiable information.
Violations of Site or network security may result in civil or criminal liability. VIVA will investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
FEEDBACK REGARDING THE SITE OR OUR BUSINESS.
You may provide suggestions, comments or other feedback on the operation of the Site or our business, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Feedback”). Such Feedback is voluntary and VIVA has the perpetual right to use any or all of such Feedback for any purpose without any obligation to you of any kind, although VIVA will not publicly disclose the source of such feedback.
MODIFICATIONS AND UPDATES.
DISCLAIMER OF WARRANTY.
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR SOLE RISK.
VIVA may provide through the Site links or references to Internet sites maintained by third parties, or such third-party sites may have links to the VIVA Site. These links and references are offered as a convenience and for informational purposes only, not as referrals or endorsements by VIVA. VIVA does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites. VIVA assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, intellectual property compliance, privacy policies or practices of such third-party sites.
VIVA DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROMOTED THROUGH THE SITE BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY THIRD PARTY LICENSORS, OR REGISTERED AND NON-REGISTERED USERS OF THE SITE.
LIMITATION OF LIABILITY.
YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS SITE AND YOU ACKNOWLEDGE THAT VIVA SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE SITE, OR COMMUNICATIONS Transmitted to THE SITE, FOR ANY REASON WHATSOEVER.
The Site is controlled and offered from VIVA’s facilities in the United States. VIVA makes no representation that the Site is appropriate or available in other locations. Any access to the Site by you from jurisdictions other than the United States may be subject to compliance with local law, for which you are solely responsible.
You agree that you will cooperate as fully and reasonably as required by VIVA in the defense of any claim arising out of your use of the Site. Notwithstanding the foregoing, VIVA reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against VIVA arising out of or related to your use of the Site, and in no event shall you settle any such claim without VIVA’s prior written approval.
GOVERNING LAW AND VENUE.
You agree and acknowledge that the Site shall be deemed a passive site that shall not give rise to personal jurisdiction over VIVA in any jurisdiction other than the Commonwealth of Virginia, and that the Site shall be deemed solely located in the Commonwealth of Virginia.
WAIVER OF JURY TRIAL.
NOTIFICATION OF COPYRIGHT INFRINGEMENT.
If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may notify our designated Copyright Agent to receive notifications of claimed infringement, at Copyright Agent, 6600 West Broad Street, Suite 200B, Richmond, VA 23230 (email@example.com). Any personal information you provide in your notice will be used only for purposes related to your notice.