Viva Media reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Viva Media’s Web Site shall be subject to the current terms and conditions as published on our website at www.viva-media.com and games.viva-media.com.
General Terms of Use
By accessing Viva Media’s Web Site, you are agreeing to be bound by these Web Site Use Terms & Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to Viva Media’s Web Site shall be governed by the laws of the State of New York . The materials contained in Viva Media’s Web Site are protected by applicable copyright and trade mark laws.
Internet Etiquette
Electronic forums such as email distribution lists and UseNet newsgroups all have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources rented by you may not be used to impersonate another person or misrepresent your authorization to act on behalf of Viva Media or any other party. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users’ email accounts, or any other attempt at “hacking”, is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.
No Endorsement of Third Party Content
Viva Media’s Web Site contains links to and frames of sites that are not maintained by Viva Media. Viva Media is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in Viva Media’s Web Site does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION CONTAINED ON VIVA MEDIA’S WEB SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH VIVA MEDIA’S WEB SITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON‑INFRINGEMENT. In no event shall Viva Media or its service Viva Medias, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Viva Media’s Web Site, even if Viva Media has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of Viva Media or its service Viva Medias, affiliates, associates, subsidiaries or partners and Viva Media makes no representations or warranties regarding that information or those opinions. Neither Viva Media or its service Viva Medias, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
Limited License
Viva Media hereby grants you a limited license to view on your computer, print, download and use any content made available on Viva Media’s Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.
Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of Viva Media or any other party who owns or has proprietary rights to the content, information and materials provided on Viva Media’s Web Site.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Viva Media or by other parties that have licensed their material to Viva Media. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Viva Media may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective Viva Medias thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.
Changes and Improvements
Viva Media may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on Viva Media’s Web Site, including the terms and conditions of your use of this Web Site, without liability.
Jurisdictional Issues
Due to the nature of the Internet, it is not possible for Viva Media to restrict access to its web site only to those jurisdictions in which it does business. Some of all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Viva Media. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.
Viva Media offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that Viva Media intends to offer such service or programs in all countries or locations.
Unless otherwise specified, the materials contained in Viva Media’s web site are presented solely for the purpose of [purposes] in [country/countries]. This site is controlled and operated by Viva Media from its offices in [country]. Viva Media makes no representation that any of the materials contained in Viva Media’s web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by and construed in accordance with the laws of the State of New York and the parties hereby attorn to the jurisdiction of the courts of the City of New York, NY. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
Privacy
Please refer to Viva Media’s Privacy Policy posted on this web site.
Submissions
By posting/sending a message in the bulletin board/e‑mail area, you agree to have that message along with your name posted for public viewing both here and in other promotional and advertising materials without compensation. Viva Media will attempt to post as many messages as possible, cannot promise to post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of Viva Media. You may copy the posted messages for personal use, but redistribution in any way requires the permission of Viva Media. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.
In order to maintain an informative and valuable service that meets the needs of the users of the web site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
| (a) | You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic. |
| (b) | You may not post or transmit any message, file, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trade marks or service marks used in an infringing fashion. |
| (c) | You may not interfere with other users’ use of the web site. |
| (d) | You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent. |
| (e) | You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not Viva Media’s intention to discourage its users from taking controversial positions or expressing vigorously what may be unpopular views; however. Viva Media reserves the right to take such action as it deems appropriate in cases where the web site is used to disseminate statements which are deeply and widely offensive and/or harmful. |
| (f) | Any information provided to Viva Media shall be provided by the submitter and received by Viva Media on a |
| (g) | You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the web site for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. |
| (h) | You may not use the facilities and capabilities of the web site to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others. |
| (i) | You may not post any e-mail or materials that would be considered a violation of any law. Viva Media will |
You agree to indemnify Viva Media and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.
Submission of Ideas by Users
You agree to grant to Viva Media a non‑exclusive, royalty‑free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of Viva Media’s site(s) or which you provide by email or any other means to Viva Media and in any media now known or hereafter developed. Further, you grant to Viva Media the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Viva Media for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Viva Media.
Contact
Viva Media LLC
580 Broadway
Suite 604
New York, NY 10012