Terms of Service
Last updated: July 18, 2019
This document is a public offer of Vivigle Inc. enter into a User Agreement for the Vivigle app.
Service of Vivigle app on the one hand, and User, the person who accepted the offer, the text of which available online at https://vivigle.com/site/terms-of-service , on the other hand, have concluded this agreement as follows.
Terms and definitions
In this User Agreement, if the text does not directly follow otherwise, the following Terms will have the meanings set forth below:
- "ViviCoin Token" ("Vivigle Token"), token issued by Vivigle. Tokens issued by Vivigle app on represents a reward Users for publishing Content on the Vivigle app.
- "User" A person who is capable of and accepting this Agreement
- “Service Provider” Vivigle Inc.
- "Vivigle app" a set of information, graphic elements, design, images, photos and videos and other results of intellectual activities as well as programs for Computers contained information system, ensuring the availability of such information on the Internet on the network the address of Vivigle app.
- "Agreement" This User Agreement Vivigle app network agreement
- "Parties" User and Service Provider.
- "Credentials" Unique combination of login and password required by the User to access the Vivigle app.
- All other terms and definitions found in the text of the Agreement, shall be interpreted in accordance with the applicable laws of Republic of Ireland and the current Internet ordinary rules of interpretation of the relevant terms'.
- The titles of the headings (articles) of the Agreements are intended only for ease of use text of the Agreement and the literal legal it doesn't matter.
Conclusion of the Agreements
- The text of the Agreement is constantly posted on the Vivigle app at the network address https://vivigle.com/site/terms-of-service and available at registration on the Vivigle app, it contains all the essential terms of the Agreement and is public offer.
The proper acceptance of this offer is considered to be consistent implementation of the following actions:
- Follow the link on the Vivigle app to register as a User;
- Familiarization with the terms of the Agreement;
- Filling in all fields in the registration form on the page registration on Vivigle app;
- Putting a symbol in a special field under the heading "I accept terms and conditions" and pressing the button «Register»;
- From the moment of performing all actions specified in paragraph 2.2 of the Agreement, the Agreement is concluded between the Service Provider and the User.
Subject of the Agreement
- The Service Provider provides the User with a free simple (non-exclusive) license to use the Vivigle app and its software. The license specified in this paragraph is granted to the User for the period during which the Vivigle app remains available to the User, and within the territory in which the Vivigle app remains accessible to the User.
- You hereby acknowledge and agree that the Vivigle app are provided to you on "as is", "as available" and "with all faults" basis and you use the Vivigle app exclusively at your own risk without any expressed or implied representations and/or warranties of any kind by Service Provider.
How to use the Vivigle app
- When you create an account on the Vivigle app Service Provider generates and stores cryptographic secret key pair - a public Vivigle app key.
- Users are solely responsible for maintaining the confidentiality of Credentials. Inability to maintain confidentiality of Credentials can lead to loss of User access to the account on the Vivigle app and loss of the ViviCoin Tokens.
- ViviCoin Tokens are intangible digital assets. The ViviCoin Token's accessories to a specific User. The Service Provider is not stores, does not receive or send ViviCoin Tokens. The Service Provider does not guarantee the transfer of rights ownership of the ViviCoin Tokens.
- The Service Provider provides the User with the right to use the Vivigle app provided that correct input of Credentials. All actions performed by Vivigle app after the correct input of the Recorded data, are considered to be perfect User, and have legal value.
- The Service Provider gives the User the right to use the Vivigle app.
The user is forbidden:
- Use profanity, insult or otherwise humiliate other users of Vivigle app in messages sent to other users of Vivigle app;
- Send commercial and other advertising (spam) to persons who did not express their desire to receive it;
- Upload, send, transmit or in any other way post and/or distribute content that is inappropriate advertising (including unfair or misleading advertising) according to the legislation;
- Post on the Vivigle app content that will contain advertising materials related to alcohol, tobacco products, acquaintances, or other materials for adults, without age restrictions;
- In any way, try to access the logins and passwords of registered Users;
- Use received in any way other people's login and password to access the account of another registered User;
- Take any actions, including technical ones, aimed at disrupting the normal functioning of the Vivigle app;
- Take actions that can lead to a disproportionate load on the infrastructure of the Vivigle app;
- Use any technical means to collect and process information on Vivigle app, including, but not limited to, personal data of Users;
- To mislead other users or the Service Provider about the properties and characteristics of any subjects or objects;
- Upload, send, transmit or in any other way post and/or distribute content that is unlawful, harmful, slanderous, offends moral, shows (or is a propaganda of) violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination against people on racial, ethnic, national, gender, religious, social signs, contains insults to any persons or organizations, contains elements (or is a propaganda of) pornography, nudity, child erotica, represents advertising (or is propaganda) of sexual services (including under the guise of other services), explains the procedure for the manufacture, use or other use of drugs or their analogues, explosives or other weapons;
- Violate any local, regional or international law or regulation, including, without limitation, copyrights or intellectual property rights in or to any content transmitted or obtained through this Agreement; to transmit any material (by uploading, publication, via e-mail and other means) which is illegal, threatening, profane, abusive, intimidating, embarrassing, tortuous, defamatory, obscene, libelous, or an invasion of another's person, is hateful or racially, ethnically, religious or otherwise objecting, at the Service Provider 's discretion; impersonate any person or entity or falsely state or otherwise misrepresent the affiliation or agency relationship with a natural or legal person; transfer any materials (by any means) that you are not authorized to provide under any law or contractual or fiduciary relationship; transfer any materials (by any means) that violate any patent, trademark, trade secret, copyright or other proprietary rights of any party; transmit (by any means) any unsolicited or unauthorized advertising (including advertising not related to the administration of services or products), promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of request; to transmit any material (by any means) containing malicious software, Trojans, viruses, time-bombs, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, mobile devices, or telecommunications equipment; harass another; or collect or store or attempt to collect or store personal data about third parties without their knowledge or consent; record any data without permission or share any party's confidential information.
- Download to Vivigle app and (or) to store on the Vivigle app not authorized by the collected personal data to third parties;
- Post links to network resources whose content is contrary to the US Law, as well as the law of other applicable jurisdictions, as well as otherwise violate the law, including international law;
- Violate the rights of third parties, including minors and / or cause harm in any form;
- Copy, make changes, prepare derivative works, decompile, analyze with the help of disassembler or try to open the source code in any other way to change the Vivigle app;
- Register as a User on behalf of or in place of another person ("fake account") or register a group (Association) of persons or legal entity as a User
- Use Vivigle app for any illegal activities;
- Create another account without permission of the Service Provider if the User's account is blocked in accordance with paragraph 7.1.7 of the Agreement;
- Transfer any of its rights and obligations under this Agreement to any third party without the consent of the Service Provider;
- In any other way to violate the law.
- If the User has doubts about the permissibility and legality of certain actions on Vivigle app, the User can send a request about the possibility of such actions to the Service Provider, or refrain from such actions.
- Service Provider retain all right, title and interest in and to the Vivigle App whether express or implied, including all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, information and other material available on the Website (collectively, "Intellectual Property").
- Accessing the Vivigle App does not vest you with any right, title or interest in the Intellectual Property and other rights to content which is accessible on the Vivigle App unless otherwise is provided in paragraph 3.
- You may copy certain texts on the Vivigle app for your personal use. However, you are not allowed to distribute them or otherwise use them for commercial purposes.
- You are welcome to repost information contained on the Website for non-commercial purposes. Please make sure beforehand that there is a link to the Website in the reposted material and/or please make sure to refer to us in your comments.
- With the exception of Articles 6.3-6.4, copying, distribution (including but not limited to licensing), broadcasting, replicating, modifying the Intellectual Property in whole or in any part without the prior written permission of the Service Provider is prohibited.
- It is strictly prohibited to collect any personally identifiable information including usernames from the Vivigle app and to use the communication systems provided by the Vivigle app (e.g. comments, email) for any unlawful purposes. You agree not to contact any other user for commercial purposes.
The Service Provider has the right to change Vivigle app at any time and in any way, including changing or adding sections of Vivigle app, changing its structure, design and content, as well as to add, change, limit, expand the functionality of Vivigle app, including the conditions for User access to the Vivigle app or functionality of the Vivigle app.
The Service Provider reserves the right at its sole discretion at any time without notice for any reason:
- to monitor, prohibit, restrict, block, suspend, terminate, delete, terminate access to Vivigle app;
- remove, delete, block, filter or restrict by any method any your material;
- disclose your communications and actions with the Service Provider, including in response to lawful requests from public authorities (e.g., requests for a legal act, court orders, warrants or agendas). The User agrees that if the Service Provider for any reason accepts any of its rights under this Agreement, the Service Provider shall not be liable to such Users.
- The Service Provider reserves the right delete forbidden content and eject the user who posted that type of content within 24 hours.
- The Service Provider has the right to carry out preventive maintenance without notice to the User, which entails the suspension of the work of the Vivigle app for a period of not more than 24 (twenty four) hours in a row. In case of need for longer work, the Service Provider has the right to carry out them only after notifying the User through the personal account or via e-mail.
- The Service Provider has the right to terminate (temporarily or permanently) the provision of Vivigle app (or any individual functions within the Vivigle app) to all Users or to an individual User, in particular, without prior notice, if necessary, at its own discretion.
- The Service Provider has the right, at its own discretion, to refuse the User to post any content or to delete any content that is posted by the User on Vivigle app.
- The Service Provider has the right to use available technical solutions to verify the correctness of the information provided by the User when using the Vivigle app.
- The Service Provider has the right at any time at its discretion to conduct a random check for compliance with the Agreement, including automatically using the software. In case of detection of violations, as well as when receiving information from third parties about such violations or revealing a set of signs that may indicate in the opinion of the Service Provider of violations, it has the right to suspend or terminate the User's access to certain services, including blocking access to the account.
- According to the sole decision of the Service Provider, blocking the account on Vivigle app can be temporary or permanent, depending on the volume and number of violations committed by the User. In case of elimination of the violations committed by the User, the Service Provider has the right to restore the User's access to the account on the Vivigle app.
- In case of systematic non-compliance of the User with the provisions of this Agreement, the Service Provider has the right without prior notice and consent of such User to delete the personal page and User account on the Vivigle app without the possibility of its recovery.
The Service Provider expressly disclaim all expressed and implied warranties and representations as to the Vivigle app. The Service Provider does not make any representations or warranties, expressed or implied, including:
- any warranties and representations with respect to the content, information, data, availability, uninterrupted access, or products provided through or in connection with the Vivigle app;
- any warranties and representations that the Vivigle app or the server that makes it available are free of viruses, worms, trojan horses or other harmful components;
- any warranties and representations that the Vivigle app, its content or products provided through it are error-free or that defects in the Vivigle app, its content or products will be corrected;
- any warranties and representations of title or merchantability or fitness for a particular purpose with respect to the Vivigle app, or their utility;
- any warranties and representations that the Vivigle app will be compatible with your computer or other electronic equipment; and
- any warranties and representations of non-infringement.
- You and the Service Provider shall cooperate in good faith to resolve any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, breach or termination, and any non-contractual obligation or other matter arising out of or in connection with them ("Disputes"). If you and we are unable to resolve a Dispute within 90 days of notice of such Dispute, such Dispute shall be finally settled in arbitration proceeding as stipulated in Articles 9.3-9.7.
- Any Dispute is personal to you and the Service Provider and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
- Any Dispute shall be referred to and finally resolved by Dublin Dispute Resolution Centre in accordance with its Rules in force on the date on which the arbitration is commenced on the basis of written documents (written procedure).
- The tribunal shall consist of one arbitrator nominated by the Dublin Dispute Resolution Centre in accordance with its Rules.
- The seat of the arbitration shall be Dublin. The language of the arbitration shall be English.
- Any award of the tribunal shall be final and binding from the day it is made.
- The parties hereto agree to keep confidential all matters relating to the arbitration, including related court proceedings, to the greatest extent practicable.
- For contact administration please use contact form available at https://vivigle.com/site/contact.