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By using our online services you agree to be bound by the following terms and conditions. All references to “we,” “our” and “us” are to Vivial Media LLC or any subsidiary, affiliate or successor (“Vivial”).

“You” refers to any user of the Vivial website and services.

Download Reseller Terms & Conditions PDF

ACCEPTABLE USE POLICY

HOW YOU MAY USE OUR MATERIALS AND SERVICES

You may use, copy and distribute the materials found on this website for internal, noncommercial, informational purposes only.

All copies that you make of the material must bear any copyright, trademark or other proprietary notice located on the website which pertains to the material being copied.

Except as authorized in this paragraph, you are not being granted a license under any copyrights, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein.

All such rights are retained by Vivial and/or any third party owner of such rights.

You may not use the material or services to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales.

You may not take the results from a Vivial website search and reformat and display them, or mirror the Vivial website(s) home page or results pages on your website.

HOW YOU MAY USE OUR MARKS

Vivial names and logos and all related products and service names, design marks and slogans are the trademarks or service marks of Vivial. You are not authorized to use any Vivial name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Vivial.

Requests for authorization can be sent to:

Vivial Legal Department
160 Inverness Drive West, Suite 250
Englewood, CO 80112

HOW WE MAY USE THE INFORMATION YOU PROVIDE TO US

Do not send us any confidential or proprietary information. Any feedback, data answers, questions, comments, suggestions, ideas or the like that you send to us will be treated as being non-confidential and non-proprietary.

We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

ENDORSEMENTS

All product and service marks contained herein that are not Vivial marks are the trademarks of their respective owners.

Reference that we make to any names, marks, products or services of third parties or hypertext links to third party websites or information do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.

COPYRIGHT REPORTING INFORMATION

In accordance with the Digital Millennium Copyright Act (DMCA) (the text at which can be found at the U.S. Copyright Office website, http://lcweb.loc.gov/copyright/) and other applicable intellectual property laws, we will respond to notices of alleged infringement that comply with the DMCA.

If you believe that your copyrighted work is being infringed on a Vivial website, send a notification of infringement to:

Vivial Legal Department
Attn: DMCA Complaint
160 Inverness Drive West, Suite 250
Englewood, CO 80112

If we remove or disable access to material claimed to be infringing, we will make a good-faith effort to contact the owner or administrator of each affected website to allow them the opportunity to make a counter-notification pursuant to Title II, Section 512 (g)(1) of the DMCA.

NOTIFICATION OF INFRINGEMENT REQUIREMENTS

To be an effective and valid notification of infringement under the DMCA, the following information must be provided in a written communication to the address listed above:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work that is allegedly infringed;
  • Identification of the copyrighted work claimed to be infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and the URL of such material and the search terms (if any) that produced the allegedly infringing materials URL;
  • Your contact information including your postal address, telephone numbers and email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

DISCLAIMER OF WARRANTIES

Material on Vivial websites may include technical inaccuracies or typographical errors. Changes may be periodically incorporated into this material.

Vivial may discontinue, make improvements and/or changes in the products, services and/or programs described in these materials at any time without notice, without liability to you, any other user or any third party.

The websites displayed as search results or linked to by the services may be developed by people over whom Vivial exercises no control.

Vivial is not responsible and shall not be liable for the listings or advertisements contained in such websites, and those listings or advertisements may include technical inaccuracies or typographical errors notwithstanding our efforts to eliminate them.

Vivial does not verify licenses with respect to licensed professionals or trades prior to publishing advertisements and does not assume the responsibility for monitoring the use of trademarks, certifications, copyrights, or other rights of third parties.

A search using the services may produce search results and links to websites that some people find objectionable, inappropriate, or offensive.

Vivial cannot guarantee that a search will not locate unintended or objectionable content and assumes no responsibility for the content of any website included in any search results or otherwise linked to by the services.

THE MATERIALS ON VIVIAL WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES.

WE DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH OR ADVERTISED ON THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.

WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THE SERVICES RESULTS.

WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.

WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE SERVICES. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

LIMITATION OF LIABILITY

In no event shall Vivial or any of its affiliated companies be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, even if we have been advised of the possibility of such damages, whether brought in contract or tort, arising out of or connected with any Vivial website or the use, reliance upon or performance of any material contained in or accessed for any Vivial website.

Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the services, from the inability to use the services, or the interruption, suspension, or termination of the services (including such damages incurred by third parties).

MISCELLANEOUS PROVISIONS 

These terms and conditions will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to its conflict of laws provisions or your actual state or country of residence.

If for any reason a court of competent jurisdiction finds any provision or portion of the terms and conditions to be unenforceable, the remainder of the terms and conditions will continue in full force and effect.

These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.