Terms of Use and User Agreement


1. Ownership of Site; Agreement to Terms of Use. These Terms and Conditions of Use (the “Terms of Use”) apply to the VivaConnect web site located at www.VivaConnect.com (the “Site”). The Site is the property of VivaConnect (“VivaConnect,” “we,” “us,” or “our”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. These Terms of Use constitute a legally binding agreement between you and VivaConnect. The Site may also contain links or references to additional rules, policies, and terms which may apply to specific features or functions of the Site and when you use those features or functions, those rules, policies and terms will also apply to you and form a part of these terms and conditions, and consequently, your agreement with us.

VivaConnect reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Once we post them on the Site, these changes become effective immediately, and your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, VivaConnect grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

The words “use” or “using” in this agreement, mean any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described above.

2. Age Limitation on Users. This Site is offered and made available only to users 13 years of age or older. If you are not yet 13 years old please discontinue using the Site immediately.

3. User Conduct. As a member of the VivaConnect community, you are expected to treat other users with the same level of respect you would like yourself. Forum administrators will enforce banning users and deleting of topics when conduct becomes abusive or disruptive to the community. VivaConnect reserves the right to enforce such actions to all registered users of its community. Users caught attempting to disrupt the site via hacking or any programming means will be prosecuted with any and all legal measures available to VivaConnect.

4. Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned or controlled byVivaConnect, its subsidiaries, affiliates, licensors or suppliers, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Content” as well.

The Site is to be used solely for your noncommercial and personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, print or reproduce from the Site. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be used to create a derivative work, copied, reproduced, republished, uploaded, modified, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without VivaConnects’ express prior written consent.

Any unauthorized or prohibited use of any Content, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others.

5. Relevant information. Information you post is expected to be acceptable to general audiences. It is also expected to stay within genres of the discussion. VivaConnect reserves the right to use any information users post on the site as it sees fit including editing said material or deleting it.

6. Your Use of the Site. Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You shall not use or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else; affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages;

transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information;

modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise;

collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;

use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;

attempt to gain unauthorized access to any portion or feature of the Site, other users’ accounts, names, passwords, User Information or any other systems or networks connected to the Site or to any VivaConnect server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this agreement;

use, or knowingly condone others to use, the Site or any Content for any purpose that is prohibited by these Terms of Use;

violate or solicit others to violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise.
Doing any of these things will result in VivaConnect banning you from the Site.

Users like to share interesting links and this is not discouraged on the Site. However, we will not tolerate links to inappropriate sites containing pornographic material or any illegal activity such as pirating of software.

7. Content control. With the large amount of posts per day, it is impossible to monitor everything. VivaConnect and its affiliates are not responsible for user messages or other related user content.

8. Postings. Portions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others (“Post” or “Postings”). Postings do not reflect the views of VivaConnect or its affiliates. VivaConnect and its affiliates shall not be liable for any Posting that is in violation of this agreement. In no event shall VivaConnect have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to VivaConnect to enforce the provisions of this agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on VivaConnect.com.

If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize VivaConnect use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant VivaConnect the right to use such Posting as described above; and (d) VivaConnect has the right to delete, re-format and/or change your Posting in any manner that VivaConnect may determine (although you will not be responsible for any changes made by VivaConnect). Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

9. Entertainment Advertising. VivaConnect relies on advertisers to help fund the services that we offer to our members. In order to continue our service, you agree that VivaConnect may display advertisements and promotions of all kinds in and with the services.

10. Account Access. Certain features or services offered on or through the Site may require you to open an account (including setting up a VivaConnect ID and password). We may, from time to time, also provide users with additional codes or passwords necessary to perform certain functions on the Site. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. You agree to notify VivaConnect immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by VivaConnect or any other user of or visitor to the Site due to someone else using your VivaConnect ID, password or account. You may not use anyone else’s VivaConnect ID, password or account at any time without the express permission and consent of the holder of that VivaConnect ID, password or account. VivaConnect cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations or related to the theft, misappropriation, or permitted use by another of your user name or password.

In order to ensure that VivaConnect is able to provide high-quality services that are responsive to our members’ needs, you agree that VivaConnect has access to your account and records as reasonably needed to investigate complaints. Further, VivaConnect may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) VivaConnects’ rights or property, or the rights or property of visitors to or users of the Site, including VivaConnects’ customers. VivaConnect reserves the right at all times to disclose any information that VivaConnect deems necessary to comply with any applicable law, regulation, legal process or governmental request. VivaConnect also may disclose your information when VivaConnect determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that VivaConnect may preserve any transmittal or communication by you with VivaConnect through the Site or any service offered on or through the Site, and may also disclose such data to third parties if required to do so by law or VivaConnect determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of VivaConnect, its employees, users of or visitors to the Site, and the public. You agree that VivaConnect may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site, with or without cause, including if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site, without any liability or further obligation of any kind whatsoever to you or any other party. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to VivaConnect, for which monetary damages would be inadequate, and you consent to VivaConnect obtaining any injunctive or equitable relief thatVivaConnect deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies VivaConnect may have at law or in equity.

11. Other Terms and Conditions. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. VivaConnects’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

VivaConnect may make changes to any products or services offered on the Site, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and VivaConnect makes no commitment to update the materials on the Site with respect to such products and services.

12. Disclaimer of Warranties. You expressly understand and agree that:

Your use of the service is at your sole risk. The Site and all Content, products, and Postings are provided on an “AS IS” and “AS AVAILABLE” basis. VivaConnect and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

VivaConnect makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, error-free, or free of malicious code (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of VivaConnect is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from VivaConnect, our third party service providers, or through or from the site will create any warranty not expressly stated in the Agreement.

13. Links to Other Sites and to the VivaConnect Site. This Site may contain links or other forms of re-direction mechanisms leading to independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under VivaConnects’ control, and VivaConnect and its affiliates are not responsible or liable to you for and do not endorse the content or goods or services associated with such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. If any Linked Site obtains or collects personally identifiable information from you, in no event shall VivaConnect assume or have any responsibility or liability.

14. Ads and Malware. We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site — and that is beyond our control.

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.

* Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).

* Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware.

* Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.

* Install Microsoft Defender (for Windows computers)

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.

If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.

If, after taking the above actions, you are still experiencing any problems, please feel free to contact VivaConnect.

15. Limitation of Liability. Except where prohibited by law, in no event will VivaConnect or its affiliates or their respective officers, directors, employees, agents, licensors or suppliers be liable to you for any loss or damage, of any kind, direct or indirect, including, but not limited to, consequential, exemplary, incidental or punitive damages, or lost profits, even if VivaConnect has been advised of the possibility of such damages. Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have VivaConnect, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this agreement and, if repair, correction or replacement is not reasonably commercially practicable for VivaConnect, to refund any monies actually paid by you for the product involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that VivaConnect assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this agreement may not apply to you.

16. Indemnity. You agree to indemnify, defend and hold VivaConnect, its affiliates, and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against any demands, loss, liability, claims, actions, damages, costs or expenses (including attorneys’ fees), made against VivaConnect by any third party due to or arising out of or in connection with your use of the Site. VivaConnect reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with VivaConnect in the defense of any such claim, action, settlement or compromise negotiations, as requested by VivaConnect.

17. Miscellaneous Terms; Governing Law; Dispute Resolution. The Site is operated by or on behalf of VivaConnect and is intended solely and exclusively for users who are at least 13 years of age or older. This agreement, together with and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and VivaConnect and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This agreement cannot be changed or terminated orally. If any provision of this agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.

No action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) to the extent allowable by law.

In the event of any controversy or dispute between VivaConnect and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.