Vivit Terms of Service - updated 6/8/2022
Welcome!
We’re thrilled you've decided to use the Vivit social network, which we refer to simply as the Network. This Network is fully owned by FlixBay Technologies Inc.
We've drafted these Terms of Service (which we call the Terms) so you’ll know the rules that govern our relationship with you.
By using the Product, you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Network.
By using the Product, you state that: You can form a binding contract with FlixBay Technologies Inc.
You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
Rights We Grant You:
FlixBay Technologies Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Network. This license is for the sole purpose of letting you use and enjoy the Network benefits in a way that these Terms and our usage policies allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device settings.
You may not copy, modify, distribute, sell, or lease any part of our Product, nor may you reverse engineer or attempt to extract the source code of that software.
Our Product lets you create, upload, post, send, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with.
You are granted a perpetual license to create derivative works. This includes media from the Network and any photo or video supplied by you.
Your Content
Much of the content on our Network is produced by you. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. We can’t and don’t take responsibility for any content that you or others provide through the Network.
Prohibited Content
Take note of the restrictions on the content you create. It can be easy to cross over the line where your video will be offensive to others.
- No hate videos.
- Do not defame anyone.
- Do not demean a religion.
- No pornography.
- Copyrighted material which you don’t own.
- No violence.
- No bullying.
- Only share with consent. When sharing a Vivit video, make sure you have the consent of all people in the video.
Uploading Content
If you have a Network account, you may be able to upload Content. When you make content public, the Content is uploaded onto the Network. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to the Network and other users of the Network, as described below.
License to Network
By providing Content to the Network, you grant to FlixBay Technologies Inc. a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display, and perform it) in connection with the Network and FlixBay’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all the Network.
License to Other Users
You also grant each other user of the Network a worldwide, non-exclusive, royalty-free license to access your public Content through the Network, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Network (such as a video derivative). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Network.
Right to Monetize
You grant to the Network the right to monetize your Content (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments.
Removal of Content By the Network
If any of your Content (1) is in breach of this Agreement or (2) may cause harm to the Network, our users, or third parties, we reserve the right to remove or take down some or all such Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for the Network or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Network; or (c) would cause harm to any user, other third party, Network or our Affiliates.
Privacy
Your privacy matters to us. You can learn how we handle your information when you use our Product by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Product, you agree that FlixBay Technologies Inc. can collect, use, and share your information consistent with that policy.
Respecting Other People’s Rights
The Network respects the rights of others and so should you. You therefore may not use the Network in a manner that: violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right. bullies, harasses, intimidates, or defames.
You must also respect FlixBay Inc.’s rights.
These Terms do not grant you any right to: use branding, logos, designs, photographs, videos, or any other materials used in the Network: copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Network or the content on the Network except as set forth in these Terms.
Use the Network, any tools provided by the Network, or any content on the Network for any commercial purposes without our consent.
In short: You may not use the Product or the content on the Product in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
Respecting Copyright
FlixBay Technologies Inc. honors the requirements set forth in the Digital Millennium Copyright Act. And if FlixBay Technologies Inc. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user activity.
Safety
We try hard to keep our Product a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Product, you agree that: You will not use the Product for any purpose that is illegal or prohibited in these Terms.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Network or extract other user’s information.
You will not use or develop any third-party applications that interact with the Product or other users’ content or information without our written consent.
You will not use the Network in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Network, or that could damage, disable, overburden, or impair the functioning of the Network.
You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Network.
You will not probe, scan, or test the vulnerability of our Network or any system or network.
You will not encourage or promote any activity that violates these Terms.
Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Network, including text-messaging, network media and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Network.
While we hope you remain a lifelong Network user, you can terminate these Terms at any time and for any reason by deleting Vivit app from your device.
Indemnity
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless FlixBay Technologies Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Network; (b) your content; and (c) your breach of these Terms.
Disclaimers
We try to keep the Network up and running and free of annoyances. But we make no promises that we will succeed.
THE NETWORK IS PROVIDED “AS IS” AND AS AVAILABLE, AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN ADDITION, WHILE FLIXBAY TECHNLOGIES INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE PRODUCT WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE PRDUCT WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE NETWORK WILL BE TIMELY OR ACCURATE.
FLIXBAY TECHNOLOGIES INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR NETWORK. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH FLIXBAY TECHNOLOGIES INC. WILL BE RESPONSIBLE FOR.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLIXBAY TECHNOLOGIES INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE NETWORK; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE NETWORK; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF FLIXBAY TECHNOLOGIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FLIXBAY TECHNOLOGIES INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID FLIXBAY TECHNOLOGIES INC., IF ANY, IN THE LAST 12 MONTHS.
Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND FLIXBAY TECHNOLOGIES INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. a. Applicability of Arbitration Agreement. You and FlixBay Technologies Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of, or relating to these Terms or the use of the Product that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis.
To be clear: The phrase all claims, and disputes also includes claims and disputes that arose between us before the effective date of these Terms.
Arbitration Rules.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association.
Waiver of Jury Trial.
YOU AND FLIXBAY TECHNOLOGIES INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and FlixBay Technologies Inc. are instead electing to have claims and disputes resolved by arbitration.
Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and FlixBay Technologies Inc. over whether to vacate or enforce an arbitration award, YOU AND FLIXBAY TECHNOLOGIES INC. WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. To the extent that these Terms allow you or FlixBay Technologies Inc. to initiate litigation in a court, both you and FlixBay Technologies Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of, or relating to the Terms or the use of the Product will be litigated exclusively in the United States District Court for the Northern District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Santa Clara. You and FlixBay Technologies Inc. consent to the personal jurisdiction of both courts.
Severability If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
FlixBay Technologies Inc. is in the United States at 550 Moreland Way Ste. 5107 Santa Clara, California 95054