Use of VIVAIO CRM Website
Vivaio CRM authorizes you to use the Vivaio CRM Website only for your own personal, non-commercial purposes. Use of the Vivaio CRM Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. Vivaio CRM owns the Vivaio CRM Website. Any unauthorized use of the Vivaio CRM Website may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Vivaio CRM Website and for paying all charges related thereto. When you register to open an account anywhere on the Vivaio CRM Website, or when you contact Vivaio CRM through the Vivaio CRM Website for the purpose of receiving products or services, Vivaio CRM may collect certain personal information about you.
You agree not to use the Vivaio CRM Website (including, without limitation, any Materials or Services you may obtain through your use of the Vivaio CRM Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Vivaio CRM Website or servers or networks connected to the Vivaio CRM Website. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Vivaio CRM Website; or (y) attempt to gain unauthorized access to any portion of the Vivaio CRM Website or any other accounts, computer systems, or networks connected to the Vivaio CRM Website, whether through hacking, password mining, or any other means.
THE VIVAIO CRM WEBSITE is PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE VIVAIO CRM WEBSITE is WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT VIVAIO CRM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. VIVAIO CRM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE VIVAIO CRM WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIVAIO CRM MAKES NO WARRANTY THAT THE VIVAIO CRM WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE VIVAIO CRM WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE VIVAIO CRM WEBSITE WILL BE CORRECTED. VIVAIO CRM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VIVAIO CRM Website OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE VIVAIO CRM WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE VIVAIO CRM WEBSITE, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE VIVAIO CRM PARTIES") SHALL CREATE ANY WARRANTY. VIVAIO CRM DISCLAIMS ALL EQUITABLE INDEMNITIES.
Certain areas of the Vivaio CRM Website (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to Vivaio CRM an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Vivaio CRM deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Vivaio CRM reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Vivaio CRM may, but is not obligated to, pre-screen User Submissions or monitor any area of the Vivaio CRM Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Vivaio CRM is not required to host, display, or distribute any User Submissions on or through the Vivaio CRM Website and may remove at any time or refuse any User Submissions for any reason. Vivaio CRM is not responsible for any loss, theft, or damage of any kind to any User Submissions. Vivaio CRM does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Vivaio CRM will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Vivaio CRM does not guarantee that you will have any recourse through Vivaio CRM or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
- you are at least 13 years old;
- you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Vivaio CRM the rights in your User Submissions described herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to Vivaio CRM described herein;
- your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
- any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party websites
Links on the Vivaio CRM Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Vivaio CRM Website. Vivaio CRM is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Vivaio CRM does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Vivaio CRM Network, you do this entirely at your own risk.
Limitation of Liability
IN NO EVENT WILL ANY OF THE VIVAIO CRM PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE VIVAIO CRM WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE VIVAIO CRM WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY VIVAIO CRM PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.