Vivastreet Terms and Conditions

 

  1. Acceptance of our Terms


    Vivastreet provides a collection of online resources which include classified ads, forums, and various email services, (referred to as "the Service") subject to the Terms of Use ("Terms"), which may be updated by Vivastreet at any time. Vivastreet will provide notice of significant changes to the Term by posting this notice on the Vivastreet website. By using the website in any way, you agree to comply with these Terms. Addditionally, when using particular Vivastreet services, you agree to conform to any applicable posted guidelines for all Vivastreet services, which may change periodically. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Vivastreet in any way, your only choice is to immediately discontinue use of Vivastreet.

  2. Content


    You understand that all listings, messages, comments, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you upload, email or otherwise make available via the Service. You understand that Vivastreet does not control, and is not responsible for Content made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Vivastreet site and Content available through the website may contain links to other websites, which are completely unrelated to Vivastreet. Vivastreet makes no representation or
    guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is at your completely own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Vivastreet be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service. You acknowledge that Vivastreet does not pre-screen or approve Content, but that Vivastreet will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.

  3. Notification of Claims of Infringement


    If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify a Vivastreet agent for notice of claims of copyright or other intellectual property infringement ("Agent"), via the customer care links on Vivastreet.

    Please provide our representatives with the following Notice:
    1. Identify the copyrighted work or other intellectual property that you claim has been infringed upon;
    2. Identify the content on the Vivastreet site that you claim is infringing, with enough detail so that we may locate it on the website;
    3. A statement by you that you have good reason that the disputed use is not authorised by the copyright owner, its agent, or the law;
    4. A statement by you declaring (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner;
    5. Your address, telephone number, and email address; and
    6. Your physical or internet/electronic signature.

    Vivastreet will remove the infringing listing(s).

  4. Privacy and Information Disclosure


    By using this website acknowledge and agree that Vivastreet may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (for example phone number, street address) of a
    third-party has been posted or transmitted without their consent or as a form of harrassment; protect the rights, property, or personal safety
    of Vivastreet, its users or the general public.

  5. Conduct


    You agree not to post, email, or otherwise make available Content: * that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
    * that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    * that impersonates any person or entity, including, but not limited to, a Vivastreet employee, or falsely states or otherwise misrepresents your
    affiliation with a person or entity;
    * that includes personal or identifying information about another person without that person's explicit consent.
    * that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
    * that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to
    make available under any law or under contractual or fiduciary relationships.
    * that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
    commercial advertisement.
    * that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Vivastreet sites which are not designated for such
    purposes; or (2) emailed to Vivastreet users who have requested not to be contacted about other services, products or commercial interests.
    * that includes links to commercial services or web sites, except as allowed in "services".
    * that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without
    limitation items the sale of which is prohibited or regulated by California law - a partial list of these is provided for your convenience
    * that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any
    computer software or hardware or telecommunications equipment;
    * that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
    * that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: * contact anyone who has asked not to be contacted;
    * "stalk" or otherwise harrass anyone;
    * collect personal data about other users for commercial or unlawful purposes;
    * use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
    * post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
    * post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
    * attempt to gain unauthorized access to Vivastreet's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Vivastreet website.

  6. No Spam Policy


    You understand and agree that sending unsolicited email advertisements to Vivastreet email addresses or through Vivastreet computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in New York. Any unauthorized use of Vivastreet computer systems is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.

  7. Limitations on service


    You acknowledge that Vivastreet may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Vivastreet has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Vivastreet reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Vivastreet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  8. Termination of service


    You agree that Vivastreet, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP
    address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Vivastreet believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Vivastreet shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.

  9. Dealings with organizations and individuals

    Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Vivastreet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Vivastreet is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Vivastreet, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

    Proprietary rights

    The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. VIVASTREET is a registered mark in the U.S. Patent and Trademark Office. Although Vivastreet does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Vivastreet an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

  10. Disclaimer of Warranties


    YOU AGREE THAT USE OF THE VIVASTREET SITE AND THE SERVICE IS ENTIRELY AT YOUR
    OWN RISK. THE VIVASTREET SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, VIVASTREET DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE VIVASTREET SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, VIVASTREET DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE VIVASTREET SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE VIVASTREET SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, VIVASTREET DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE VIVASTREET SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

  11. Limitations of Liability


    UNDER NO CIRCUMSTANCES SHALL VIVASTREET BE LIABLE FOR DIRECT, INDIRECT,
    INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VIVASTREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE VIVASTREET SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE VIVASTREET SITE OR THE SERVICE, FROM INABILITY TO USE THE VIVASTREET SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE VIVASTREET SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE VIVASTREET SITE OR THE SERVICE OR ANY LINKS ON THE VIVASTREET SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE VIVASTREET SITE OR THE SERVICE OR ANY LINKS ON THE VIVASTREET SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

  12. Indemnity


    You agree to indemnify and hold Vivastreet, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

  13. General information


    The Terms constitute the entire agreement between you and Vivastreet and govern your use of the Service, superceding any prior agreements between you and Vivastreet. These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise. The failure of Vivastreet to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  14. Violations of Terms and Liquidated Damages


    Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to team-uk@sitemail.vivastreet.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Vivastreet liquidated damages as follows: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree that Vivastreet in its sole discretion may disclose identifying information about you to the victim, and that should Vivastreet bring a claim against
    you in court, that you will pay Vivastreet one thousand pounds (£1,000) for each such message. b. If Vivastreet establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Vivastreet one hundred pounds (£100) for each message posted in excess of such limits or for each day on which you access Vivastreet in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to Vivastreet email addresses or through Vivastreet computer systems, you agree to pay Vivastreet twenty five pounds (£25) for each such email. d. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay Vivastreet one hundred pounds (£100) for each such message. In its sole discretion, Vivastreet may elect to issue a warning before assessing damages. Otherwise, you agree to pay Vivastreet's actual damages, to the extent such actual damages can be reasonably calculated.

    team-uk@sitemail.vivastreet.com

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