Terms of Services
The following terms of service (the “Terms of Service”) stipulate the terms and conditions of your use of the website located at https://www.vivolist.com (the “Site”), mobile applications and online services (if and when applicable) (collectively will be referred to as the “Service”) provided to you by vivolist.com (“vivolist.com”). The Service is provided solely for your own use. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
Vivolist.com is a free business listing site that helps people find local businesses recommended by friends and neighbors.
The nature of the Service that vivolist.com provides may change from time to time without prior notice to you. In addition, vivolist.com may cease (permanently or temporarily) providing the Service (or any part thereof) to you or generally to other users with or without prior notice.
Acceptance of Terms
Your use of the Service is expressly conditioned on your compliance and consent with these Terms of Service. By accessing or using the Service, you are indicating that you agree to be bound by these Terms of Service. vivolist.com reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.
Changes to the Terms of Service
Vivolist.com may, in its sole discretion, make changes to these Terms of Service, from time to time with or without notice to you. Each time changes are made to these Terms of Service, a revised version of these Terms of Service, will be posted on this page. You can determine when the Terms of Service were last modified by checking the “Last modified” notice on the bottom of the Terms of Service. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version.
You may not use the Service and may not accept these Terms of Service if you are not of legal age to form a binding contract (typically 18 years old) to use the Site. We recommend that minors over the age of 13 years ask their parents for permission before sending any information about themselves to anyone over the Internet. Subject to applicable law, vivolist.com may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.
User registration is required in order to use the Services. However, some of the features of the Services may available to use our services on vivolist.com.When you connect with us you should provide some basic info to vivolist.com. This includes basic information about yourself, such as name and email. In addition, you give permission to the vivolist.com app to access your location and locations of your friends as well as access to your posts over the internet. Relevant information is stored in the vivolist.com database.
Rules of Conduct
As a condition of use, you agree to use the Service solely for lawful purposes and not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service. By way of example, you shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content or User Submission (as defined below) on or through the Service that:
- is illegal, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as vivolist.com may determine in its sole discretion;
- violates any right of publicity, or another right of any person or entity, or any law or contractual obligation;
- infringes any patent, copyright, trademark or another intellectual property right;
- constitutes unauthorized or unsolicited advertising, junk or bulk email;
- involves commercial activity not expressly permitted by vivolist.com;
- contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of vivolist.com, its users, or any other individual or entity; or
- impersonates any individual or entity, including, without limitation, employees or representatives of vivolist.com.
Vivolist retains sole and exclusive ownership of all rights, title and interests in the Service and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. This provision shall survive termination and expiration of this Terms of Service and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Service (or any part thereof, or any software underlying the Service), other than as expressly authorized by vivolist.com.
For purpose of these Terms of Service, the term “Content” includes, without limitation, written comments and information, data, text, photos, graphics, in the static or interactive feature, owned by or licensed to vivolist.com and which is provided or otherwise made available through the Service. vivolist.com may not monitor or control Content posted by users of the Service (including, without limitation, Use Submission) or other individuals or entities (such as Merchants or advertisers), and cannot be responsible for such Content. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk.
Vivolist may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other communications, promoting it and distributing it. As such, you hereby irrevocably grant vivolist.com worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site the right to access Your Content in connection with their use of the Site. Finally, you irrevocably waive and cause to be waived, against vivolist.com and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. You are prohibited from using, including, without limitation, copying or making any alteration of or derivative works based upon, the Content for any purpose other than your own personal use and at all times subject to these Terms of Service.
This Site contains features that allow users to post their own content. Only individuals who have registered for the Site are permitted to post content on this Site. When your account is used to submit, post, or add content to this website (“User Submissions”), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, video, and photographic) therein. Once business users claim their profile, they assume responsibility for all content or other information posted under that profile (except for reviews posted by other users).
Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms of Service or that we believe to be otherwise objectionable, we may reject or delete them, suspend or terminate your account, or take other action, without notice to you and in our sole discretion.
If you notice that any other user’s submissions appear to violate these Terms of Service, or if any other user ever makes you feel harassed or unsafe, please contact us at [email protected].
You understand and agree that User Submissions are neither owned by nor provided by vivolist.com, and that vivolist.com is in no way responsible for such User Submissions or any related conduct or practices. Accordingly, to the extent that you use and rely on User Submissions, you do so at your own risk.
You understand that when using the Service, you may be exposed to User Submission from a variety of sources and that vivolist.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submission. You may be exposed to User Submission that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against vivolist.com with respect thereto and you agree to indemnify and hold vivolist.com, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service.
Vivolist operates a clear copyright policy in relation to any Content which is alleged to infringe the copyright of a third party as follows:
Vivolist respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, vivolist.com will also terminate a user’s account if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
The Service may contain links to websites or pages which are not maintained by vivolist.com. Links to third party websites are provided for your convenience and information only. Third party websites are not under vivolist.com control and vivolist.com is not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. The inclusion of a link through the Service does not imply vivolist.com endorsement of the third party website nor that vivolist.com is affiliated with the third party website’s owners or sponsors.
Disclaimer of Warranties
SERVICE IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, vivolist.com EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. vivolist.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, BE FREE FROM VIRUSES, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL vivolist.com (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMLPOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE, OR IMPROPER USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT vivolist.com MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.
Vivolist.com may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately, such termination may result in the destruction of all information and data associated with your Account. If you wish to terminate your Account, you may do so by sending vivolist.com an email to [email protected] specifying your request and providing vivolist.com with your full name and email address. If you terminate your Account, your profile will be removed from the Service, however, deletion may not be immediate and vivolist.com may continue keeping your personal information in its records for administrative purposes.
These Terms of Service constitutes the entire agreement between the parties concerning the subject matter hereof. You may not assign or otherwise transfer by operation of law or otherwise these Terms of Service or any right or obligation herein without the express written consent of vivolist.com. vivolist.com expressly reserves its right to assign or transfer these Terms of Service and to delegate any of its obligations hereunder at its sole discretion. If any part of these Terms of Service is found void and unenforceable, it will not affect the validity of the balance of the Terms of Service, which shall remain valid and enforceable according to its terms. The failure of vivolist.com to act with respect to a breach of these Terms of Service by you or others shall not constitute a waiver and shall not limit vivolist.com rights with respect to such breach or any subsequent breaches.
If you have any questions about the above Terms of Service, please contact us before using the Site at [email protected]
Last modified: June 2017