Terms Of Service

Effective: February 9th, 2015

 

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. 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.

These Terms of Service are an agreement for use of the Service made available through the Site, and User is not granted a license to any software by these Terms. User will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any software, documentation, or data related to the Service (“Software”); modify, translate, or create derivative works based on the Service or any Software; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or any Software; use the Service or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels, or build a competitive product or service.

3. Registration

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.

4. 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.

5. Termination

User may terminate these Terms of Service along with the Service at any time, by providing 45 days written notice prior to the commencement of the next renewal term either by sending an email message to contact@vivastream.com or by sending written notice to:

Vivastream Inc.
Attn: Subscription Manager
151 West 19th Street 4th Floor
New York, New York 10011
Email: contact@vivastream.com

 

Termination notice will still be bound by term length designated on the signed order form. Orders will automatically renew unless written notice of termination is sent at least 45 days prior to the commencement of the next renewal term unless specifically designated on the order form.

Vivastream may terminate these Terms, the Service itself, and the User’s access to their account and content  at any time with or without cause, and with or without notice. Vivastream shall have no liability to User or any third party because of such termination. Once terminated, Vivastream may delete any User archived data within 30 days after the date of termination. All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.

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) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, Vivastream’s computer systems, or the technical delivery systems of Vivastream’s providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) 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); (vii) 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 (viii) 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).

7. 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.

8. 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 on the Service, or actions 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.

9. 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 Corp. 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 Inc, 151 West 19th St, 4th Floor, New York, New York 10011. If you have questions about these Terms, please contact us at contact@vivastream.com