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Terms of Service
ViVoPress - Your Door To Start
Blogging.
Terms of Service
The Vivopress.com website ("Website") is a hosted service operated by Gopa SoftMedia Ltd. Any use
of the Website is subject to the following Terms and Conditions of Use
("Terms and Conditions"), as well as to Vivopress's Privacy Policy, all of
which are incorporated by reference into these Terms and Conditions.
Your use of the
Website will constitute your acceptance of these terms and conditions.
1. Your Vivopress Account and Site. If
you create a blog on the Website, you are responsible for maintaining the
security of your account and blog, and you are fully responsible for all
activities that occur under the account and any other actions taken in
connection with the blog. You must not describe or assign keywords to your
blog in a misleading or unlawful manner, including in a manner intended to
trade on the name or reputation of others, and Vivopress may change
or remove any description or keyword that it considers inappropriate or
unlawful, or otherwise likely to cause Vivopress liability. You must
immediately notify Vivopress of any unauthorized uses of your blog,
your account or any other breaches of security. Vivopress will not be
liable for any acts or omissions by You, including any damages of any kind
incurred as a result of such acts or omissions.Vivopress may from time to
time set storage limits for your blog, or take any other measures
Vivopress considers appropriate to manage the Website. Vivopress will
advise you of any such change, and may do so in any reasonable manner,
such as posting a change on the dashboard you see when you log in to your
Vivopress.com account or via the ?Vivopress.com News? blog accessible at
Vivopress.com. If you exceed the storage limits, Vivopress may require you
to reduce the storage you are using or pay additional fees. Vivopress may
also from time to time change its policies on offering commercial content
or displaying advertising, and it may do this without notice. However,
Vivopress may post blog entries about its policy changes, and you may wish
to check your dashboard for Vivopress announcements about any such
changes.
2. Responsibility of
Contributors. If you operate a blog, comment on a blog, post material
to the Website, post links on the Website to material on , or otherwise
make material available by means of the Website (any such material,
?Content?), You are entirely responsible for the content of, and any harm
resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, or computer
software. By making Content available, you represent and warrant that:
* the
downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual
property you create, you have either (i) received permission from your
employer to post or make available the Content, including but not
limited to any software, or (ii) secured from your employer a waiver as
to all rights in or to the Content;
* you
have fully complied with any third-party licenses relating to the
Content, and have done all things necessary to successfully pass through
to end users any required terms;
* the
Content does not contain or install any viruses, worms, malware, Trojan
horses or other harmful or destructive content;
* the Content is not spam, and does not contain
unethical or unwanted commercial content designed to drive traffic to
third party sites or boost the search engine rankings of third party
sites, or to further unlawful acts (such as phishing) or mislead
recipients as to the source of the material (such as spoofing);
* the Content is not obscene or libelous, and
does not violate the privacy or publicity rights of any third party;
and
* you have, in the case of Content that
includes computer code, accurately categorized and/or described the
type, nature, uses and effects of the materials, whether requested to do
so by Vivopress or otherwise.
By submitting Content to Vivopress for inclusion
on your Website, you grant Vivopress a world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish the Content
solely for the purpose of displaying, distributing and promoting your
blog. If you delete Content, Vivopress will use reasonable efforts to
remove it from the Website, but you acknowledge that caching or references
to the Content may not be made immediately unavailable.
Without limiting any
of those representations or warranties, Vivopress has the right (though
not the obligation) to, in Vivopress sole discretion (i) refuse or remove
any content that, in Vivopress reasonable opinion, violates any Vivopress
policy or is in any way harmful or objectionable, or (ii) terminate or
deny access to and use of the Website to any individual or entity for any
reason, in Vivopress?s sole discretion. Vivopress will have no obligation
to provide a refund of any amounts previously paid.
3. Responsibility of
Website Visitors. Vivopress has not reviewed, and cannot review, all
of the material, including computer software, posted to the Website, and
cannot therefore be responsible for that material?s content, use or
effects. By operating the Website, Vivopress does not represent or imply
that it endorses the material there posted, or that it believes such
material to be accurate, useful or non-harmful. You are responsible for
taking precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing
technical inaccuracies, typographical mistakes, and other errors. The
Website may also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary
rights, of third parties, or the downloading, copying or use of which is
subject to additional terms and conditions, stated or unstated. Vivopress
disclaims any responsibility for any harm resulting from the use by
visitors of the Website, or from any downloading by those visitors of
content there posted.
4. Content Posted on
Other Websites. We have not reviewed, and cannot review, all of the
material, including computer software, made available through the websites
and webpages to which Vivopress.com links, and that link to Vivopress.com.
Vivopress does not have any control over those non-WordPress websites and
webpages, and is not responsible for their contents or their use. By
linking to a non-Vivopress website or webpage, Vivopress does not
represent or imply that it endorses such website or webpage. You are
responsible for taking precautions as necessary to protect yourself and
your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. Vivopress disclaims any responsibility for
any harm resulting from your use of non-Vivopress websites and
webpages.
5. Copyright
Infringement and DMCA Policy. As Vivopress asks others to respect its
intellectual property rights, it respects the intellectual property rights
of others. If you believe that material located on or linked to by
Vivopress.com violates your copyright, you are encouraged to notify
Vivopress in accordance with Vivopress`s Digital Millennium Copyright Act
(?DMCA?) Policy. Vivopress will respond to all such notices, including as
required or appropriate by removing the infringing material or disabling
all links to the infringing material. In the case of a visitor who may
infringe or repeatedly infringes the copyrights or other intellectual
property rights of Vivopress or others, Vivopress may, in its discretion,
terminate or deny access to and use of the Website. In the case of such
termination, Vivopress will have no obligation to provide a refund of any
amounts previously paid to Vivopress.
6. Trademarks.
Vivopress, Vivopress.com, the Vivopress.com logo, and all other
trademarks, service marks, graphics and logos used in connection with
Vivopress.com, or the Website are trademarks or registered trademarks of
Vivopress or Vivopress?s licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the
trademarks of other third parties. Your use of the Website grants you no
right or license to reproduce or otherwise use any Vivopress or
third-party trademarks.
7. Changes. The
Website, including without limitation all content there available and
these Terms and Conditions, may be changed at the sole discretion of
Vivopress and without notice. You are bound by any such updates or
changes, including but not limited to those affecting these Terms and
Conditions, and so should periodically review these Terms and
Conditions.
8. Limitation of
warranties of Vivopress, its suppliers and its licensors. Except as
otherwise expressly stated, all content posted to or available from the
Website is provided ?as is?, and Vivopress, its suppliers and its
licensors make no representations or warranties, express or implied,
including but not limited to warranties of merchantability, fitness for a
particular purpose, title or non-infringement of proprietary rights. You
understand and agree that you download from, or otherwise obtain content
or services through, the Website at your own discretion and risk, and that
Vivopress, its suppliers and its licensors will have no liability or
responsibility for any damage to your computer system or data that results
from the download or use of such content or services. If you?re actually
reading this, here?s a treat. Some jurisdictions may not allow the
exclusion of implied warranties, so some of the above may not apply to
you.
9. Limitation of
liability of Vivopress, its suppliers and its licensors. Except as
otherwise expressly stated, in no event will Vivopress, its suppliers or
its licensors be liable to you or any other party for any direct,
indirect, special, consequential or exemplary damages, regardless of the
basis or nature of the claim, resulting from any use of the Website, or
the contents thereof or of any hyperlinked website including without
limitation any lost profits, business interruption, loss of data or
otherwise, even if Vivopress, its suppliers or its licensors were
expressly advised of the possibility of such damages. In no event will the
aggregate liability for any and all of your claims against Vivopress, its
suppliers and its licensors arising out of or related to use of the
Website, or the contents thereof or of any hyperlinked website exceed the
amounts actually paid by you to Vivopress during the 12-month period prior
to the date a claim is made. Some jurisdictions may not allow the
exclusion or limitation of liability for certain incidental or
consequential damages, so some of the above limitations may not apply to
you. The parties agree that this Section 11 represents a reasonable
allocation of risk.
10. General
Representation and Warranty. You represent and warrant that your use
of the Website will be in accordance with the Vivopress Privacy Policy,
with these Terms and Conditions, with any applicable laws and regulations,
including without limitation any local laws or regulations in your
country, state, city, or other governmental area, regarding online conduct
and acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside, and with any other applicable policy or terms
and conditions.
11.
Indemnification. You agree to defend, indemnify and hold harmless
Vivopress, its contractors, and its licensors, and their respective
directors, officers, employees and agents from and against any and all
claims and expenses, including attorneys? fees, arising out of your use of
the Website, including but not limited to out of your violation of any
representation or warranty contained in these Terms and Conditions.
12.
Miscellaneous. These Terms and Conditions constitute the entire
agreement between Vivopress and you concerning the subject matter hereof,
and they may only be modified by a written amendment signed by an
authorized executive of Vivopress, or by the posting by Vivopress of a
revised version. Except to the extent applicable law, if any, provides
otherwise, these Terms and Conditions, any access to or use of the Website
will be governed by the laws of the London, UK., excluding its conflict of
law provisions, and the proper venue for any disputes arising out of or
relating to any of the same will be the London, UK. If any part of these
Terms and Conditions is held invalid or unenforceable, that part will be
construed to reflect the parties? original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of
any term or condition of these Terms and Conditions or any breach thereof,
in any one instance, will not waive such term or condition or any
subsequent breach thereof. You may assign your rights under these Terms
and Conditions to any party that consents to, and agrees to be bound by,
its terms; Vivopress may assign its rights under these Terms and
Conditions without condition. These Terms and Conditions will be binding
upon and will inure to the benefit of the parties, their successors and
permitted assigns.
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