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Terms of Service

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Effective: May 10, 2011


1. Introduction

These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications (the “Service”) offered by Vivastream.com (“we,” “us,” “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service (“Modifications”). If you do not agree to such Modifications, your sole recourse is to immediately stop all use of the Service. If, at any time, these Terms are no longer acceptable to you, you should immediately cease all use of the Service. If a revision to these Terms, in our sole discretion, is material, we will notify you via a posting to our Website or e-mail to the email address associated with your account. By continuing to access or use the Service after the revisions become effective, you agree to be bound by the revised Terms.

2. Content

"Content" as used herein, means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.

3. Use of the Service

You may use the Service only as set forth herein, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations (“Applicable Law”). You agree to provide accurate, current and complete information about yourself as prompted by the registration process for using the Service, and to notify us at privacy@vivastream.com of any unauthorized use of your name (“User Name”), password, other account information, or any other breach of security of which you become aware relating to the Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. Vivastream will not be liable for any loss or damage arising from your failure to comply with these requirements.

The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Vivastream on the Service are subject to change. In consideration for Vivastream granting you access to and use of the Service, you agree that Vivastream and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

4. Registration

You may browse the Vivastream.com website (the “Website”) and view Content posted by others without registering, but as a condition to using certain aspects of the Service, you are required to register with Vivastream and become a “Member”. When you register to become a Member, you hereby represent, warrant and covenant that (a) you will provide Vivastream with accurate, truthful, and complete registration information (including, but not limited to your User Name, e-mail address and a password you will use to access the Service) and (b) you will keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Vivastream account.

You shall not:

  • provide any false personal information to Vivastream (including a false User Name) or create any account for anyone other than yourself without such person's permission;
  • use a User Name that is the name of another person with the intent to impersonate that person;
  • use a User Name or Vivastream account that is subject to any rights of a person other than you without appropriate authorization; or
  • use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Vivastream reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Vivastream password. You shall never use another Member's account without such other Member's prior express permission.

In order to register for the Service, you represent and warrant that you are of legal age to form a binding contract and become subject to these Terms. The Service is not available to individuals who are younger than 13 years old. Vivastream may, in its sole discretion, refuse to offer the Service to any person and may also change its eligibility criteria at any time. You further hereby acknowledge and agree that, in the event that the Service or use of the Service or access to the Website is prohibited or becomes prohibited in any jurisdiction to which you are subject, your right to access is revoked, and you agree not to use or access the Website or Service in any way.

5. Your License to Vivastream

By submitting, posting or displaying your Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for other users of the Service to modify your Content, and for Vivastream to make your Content available to other companies, organizations or individuals who partner with Vivastream for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use with such third parties. Such additional uses by Vivastream or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

5.Vivastream's License to You

Subject to these Terms, Vivastream gives you a worldwide, royalty-free, non-assignable and non-exclusive license to re-post any of the Content on Vivastream anywhere on the rest of the web and provided that the user who created the content has not explicitly marked the content as not for reproduction, and provided that you: (a) do not modify the Content; (b) attribute Vivastream with a human and machine-followable link linking back to the page displaying the original source of the content on Vivastream.com (c) upon request, either by Vivastream or a user, remove the user's name from Content which the user has subsequently made anonymous; (d) upon request, either by Vivastream or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on Vivastream.com; and (e) upon request, either by Vivastream or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted on Vivastream.com.

If you operate a search engine or robot, or you republish a significant fraction of all Vivastream Content (as we may determine in our reasonable discretion), you must additionally follow these rules:

  • You must use a descriptive user agent header.
  • You must follow robots.txt at all times.
  • You must make it clear how to contact you, either in your user agent string, or on your website if you have one.

Subject to these Terms, Vivastream gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by Vivastream.

Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Vivastream be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users or third parties. You understand that your Content may be republished and if you do not have the right to submit Content to Vivastream, your submission of such Content may subject you to liability. Vivastream will not be responsible or liable for any use of your Content by Vivastream except in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate user access. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any Applicable Law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Vivastream, its users and the public.

6. Rules

You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) post any Content or use the Service in violation of any Applicable Law (including intellectual property laws, right of privacy or publicity laws, and any laws of a non-U.S. jurisdiction applicable to you), or any contractual or other legal obligation; (iii) post Content that is hateful, abusive, threatening, profane, or otherwise objectionable; (iv) post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (v) publish or post other people's private or personally identifiable information without their express authorization and permission; (vi) use the Service for the purpose of spamming anyone; (vii) publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy; (viii) access or tamper with non-public areas of the Service, Vivastream's computer systems, or the technical delivery systems of Vivastream's providers; (ix) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (x) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Vivastream (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Vivastream (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of Vivastream except as permitted by these Terms is expressly prohibited); (xi) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (xii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

We may make available one or more APIs for interacting with the Service. Your use of any Vivastream API is subject to these terms and the Vivastream API Rules, which will be posted before we make these APIs available (as part of these Terms).

8. Sign-In Credentials

You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using any other user’s account; (4) refrain from selling, trading, or otherwise transferring your Vivastream account to another party; and (5) refrain from charging anyone for access to any portion of Vivastream, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please login and visit Vivastream's account settings page.

9. Mobile Services

Vivastream may offer the Service through mobile applications created by it or third party platform developers. If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to us, including but not limited to such information as your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your Vivastream data to your mobile device, you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Vivastream account information, as applicable, to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Vivastream through your mobile access provider. Therefore, you should check with your provider to find out if the Service is available and the terms for these services for your specific mobile devices.

10. Proprietary Rights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Vivastream and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the Vivastream name or any of the Vivastream trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

11. Copyright Policy

Vivastream respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with Applicable Law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent (as set forth below) with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:

Vivastream LLC
Attn: Copyright Agent
151 West 19th Street 4th Floor
New York, New York 10011
Email: copyright@Vivastream.com

We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Vivastream will also terminate a user's account if the user is determined to be a repeat infringer.

12. Privacy

Vivastream values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to the United States and/or other countries for storage, processing and use by Vivastream. You can opt-out of most communications from Vivastream including our newsletters, emails and other marketing communications by logging in and accessing the user notifications settings page.

13. Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Vivastream of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

14. Disclaimers; Indemnity

YOUR ACCESS TO AND USE OF THE SERVICE OR ANY CONTENT APPEARING ON OR ASSOCIATED WITH THE WEBSITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, VIVASTREAM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON. VIVASTREAM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE, OR ANY CONTENT. YOU ALSO AGREE THAT VIVASTREAM HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VIVASTREAM OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MAKE HEREIN.

VIVASTREAM DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF PERSONS SUBSCRIBING TO THE SERVICE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICE BY USERS. THEREFORE VIVASTREAM DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIVASTREAM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT VIVASTREAM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

15. General Terms

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in New York, New York and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and obligation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Service, fully or partially, without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Vivastream LLC for any third party that assumes our rights and obligations pursuant to these Terms.

These Terms are the entire and exclusive agreement between Vivastream and you regarding the Service (excluding any services for which you have a separate agreement with Vivastream that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Vivastream and you regarding the Service.

The failure of Vivastream to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

The Service is operated and provided by Vivastream LLC, 151 West 19th St, 4th Floor, New York, New York 10011. If you have questions about these Terms, please contact us at feedback@Vivastream.com.