Terms of Service

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") derives from the Vivalution Principles, and governs our relationship with users and others who interact with Vivalution. By using or accessing Vivalution, you agree to this Statement.

Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Vivalution to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Sharing Your Content and Information
You own all of the content and information you post on Vivalution, and you can control how it is shared through your privacy and application settings. In addition: For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy andapplication settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Vivalution ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. 

When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Vivalution, to access and use that information, and to associate it with you (i.e., your name and profile picture).

We always appreciate your feedback or other suggestions about Vivalution, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety
We do our best to keep Vivalution safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments: You will not send or otherwise post unauthorized commercial communications (such as spam) on Vivalution.

You will not collect users' content or information, or otherwise access Vivalution, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Vivalution.

You will not upload viruses or other malicious code.

You will not solicit login information or access an account belonging to someone else.

You will not bully, intimidate, or harass any user.

You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.

You will not offer any contest, giveaway, or sweepstakes ("promotion") on Vivalution without our prior written consent. If we consent, you take full responsibility for the promotion, and will

You will not use Vivalution to do anything unlawful, misleading, malicious, or discriminatory.

You will not do anything that could disable, overburden, or impair the proper working of Vivalution, such as a denial of service attack.

You will not facilitate or encourage any violations of this Statement.

Registration and Account Security
Vivalution users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: You will not provide any false personal information on Vivalution, or create an account for anyone other than yourself without permission.

You will not create more than one personal profile.

You will use you own name in your profile information and not a company name.

If we disable your account, you will not create another one without our permission.

You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).

You will not use Vivalution if you are under 13.

You will not use Vivalution if you are a convicted sex offender.

You will keep your contact information accurate and up-to-date.

You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.

You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.

If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Protecting Other People's Rights
We respect other people's rights, and expect you to do the same. You will not post content or take any action on Vivalution that infringes or violates someone else's rights or otherwise violates the law.

We can remove any content or information you post on Vivalution if we believe that it violates this Statement.

We will provide you with tools to help you protect your intellectual property rights.

If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

You will not use our copyrights or trademarks (including Vivalution, the Vivalution and F Logos, FB, Face, Poke, Wall and 32665), or any confusingly similar marks, without our written permission.

If you collect information from users, you will: obtain their consent, make it clear you (and not Vivalution) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

You will not post anyone's identification documents or sensitive financial information on Vivalution.

You will not tag users or send email invitations to non-users without their consent.

Mobile We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.

In the event you change or deactivate your mobile telephone number, you will update your account information on Vivalution within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Vivalution, as well as your name and profile picture.

Payments and Deals If you make a payment on Vivalution you agree to our payments terms.

Special Provisions Applicable to Share Links 
If you include our Share Link button on your website, the following additional terms apply to you: We give you permission to use Vivalution's Share Link button so that users can post links or content from your website on Vivalution.

You give us permission to use and allow others to use such links and content on Vivalution.

You will not place a Share Link button on any page containing content that would violate this Statement if posted on Vivalution.

Special Provisions Applicable to Pages
If you create or administer a Page on Vivalution, you agree to our page terms.


Amendments We can change this Statement if we provide you notice and an opportunity to comment. 

If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.

We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.

Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Vivalution to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time.


Disputes You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Vivalution exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on Vivalution, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

We try to keep vivalution up, bug-free, and safe, but you use it at your own risk. We are providing vivalution “as is” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that vivalution will be safe or secure. Vivalution is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Definitions By "Vivalution" we mean the features and services we make available, including through (a) our website at www.Vivalution.com and any other Vivalution branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the like button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.

By "information" we mean facts and other information about you, including actions you take.

By "content" we mean anything you post on Vivalution that would not be included in the definition of "information."

By "data" we mean content and information that third parties can retrieve from Vivalution or provide to Vivalution through Platform.

By "post" we mean post on Vivalution or otherwise make available to us (such as by using an application).

By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By "active registered user" we mean a user who has logged into Vivalution at least once in the previous 30 days.

By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

Other This Statement makes up the entire agreement between the parties regarding Vivalution, and supersedes any prior agreements.

If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this Statement, it will not be considered a waiver.

Any amendment to or waiver of this Statement must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Statement shall prevent us from complying with the law.

This Statement does not confer any third party beneficiary rights.

You will comply with all applicable laws when using or accessing Vivalution.