Terms Of Service | ViviGeek Magazine

I. OVERVIEW

Please read this document carefully before accessing or using the vivigeek.com website or related services. These are Terms of Service that govern your usage of the website; by using the website you agree to these terms. If you do not wish to be bound by these terms, you may not access or use the ViviGeek site or services and should exit immediately.

Welcome to www.vivigeek.com (“we,” “us,”, “our”, or “ViviGeek”). This Terms of Service (“TOS”) is a binding agreement between You and ViviGeek regarding your use of the vivigeek.com website (“the Website”). Your use of the Website and participation in any of the sponsored productions or other events (collectively, the “Events”) presented on the Website is subject to the terms and conditions set forth herein as well as the Privacy Policy and Official Terms for an Event (the “Event Terms”). Any new features added to the Website or new Events shall also be subject to this TOS.

By registering for the Website and/or participating in an Event, you agree that you have read, understand and agree to be legally bound by this TOS. We may modify or amend the TOS from time to time without notice by posting an amended TOS on the Website which will become effective immediately upon posting. If You have questions regarding this TOS please contact us. Notwithstanding anything contained in this TOS, in the event that you are subject to or enter into any other binding agreement with Vivigeek, the terms and conditions of such binding agreement shall govern your relationship with ViviGeek as to the subject matter or content contained therein.

Vivigeek offers a multi-purpose service for film professionals, with both free and paid membership options. This service allows you to upload and share media assets to help you present yourself professionally, send messages and connect with other members, create portfolio sites, post jobs and apply for work, create projects, and other features. Certain of our services require payment.

To summarize the key points of the rest of this document in plain terms (though please realize that you are still bound by the whole thing):

You have to be a real person or business to join, and if you misbehave we can kick you out You own your content but agree to let us display it on the site We are always adding and changing features so you should expect that You need to pay for the paid features to keep using them We work really hard to keep the site up but are not liable for anything if it goes down.

II. USING THE WEBSITE

Section 1. Account Users

In order to access and use the Website, You must be at least 13 years of age and you must become an authorized user (“User”) by completing the Website registration process. You agree that:

(a) the information you provide is true, accurate, current and complete and that the name you have provided is your real name or that of your business, and (b) you will maintain and promptly update the information to keep it true, accurate, current and complete.

You will receive a password and account (“Account”) upon completing the registration process. You are solely responsible for maintaining the confidentiality of your password and Account, and you are solely responsible for all use of your password or Account, whether authorized by you or not. You shall not authorize any other person to use your password or account. As a User, You should understand that You are responsible for the activities associated with any other person accessing the Website via Your Account which could ultimately affect Your Account, and, in cases of abuse or misuse, could lead to other remedies against You, including but not limited to termination of Your Account and disqualification from the Event. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password.

Section 2. Privacy

Information that we obtain from or about You on the Website is subject to our Privacy Policy. For more information, see our full privacy policy. We reserve the right at all times to disclose any information we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. You understand and agree that the Website Privacy Policy, including our enforcement of that policy, is not intended to confer, and does not confer, any rights or remedies upon You or any other person. We may change our Privacy Policy from time to time and our changes are effective upon the posting of those changes on the Website.

III. PAYMENTS

Section 1. Payments

You may elect to use our paid services at any time, by subscribing to the service and paying the associated fees. Our paid services provide greater degrees of customization, preferred access to certain features, access to special discounts and events, more bandwidth and storage, and other benefits that are better than the services free users receive. We reserve the right to reasonably change our pricing and service details at any time.

Subscriptions automatically renew on the timeframe you select when you subscribe, which means that at each renewal interval you will be charged the prevailing rate for the services you are subscribed to. Unless you have opted out of such notifications, we will attempt to notify you via email of your renewal.

Other services may be charged on a per-use basis, and these will be billed as incurred.

Please note that payments are processed by third-party service provider(s). In addition to these Terms of Service, payment transactions may be subject to such service provider’s terms, conditions, and privacy policies.

If you have any questions, please feel free to contact us.

Section 2. REFUNDS

Exclusive of free trial periods, purchases of paid services and subscriptions are FINAL and non-refundable, except in our sole and absolute discretion. Once you have paid for a subscription or service, you cannot return or cancel your subscription or service for a refund, and if your account is canceled or terminated by you or by us, for any reason, you will lose and forfeit the remaining time on your subscription(s).

Section 3. Non-payment and account suspensions

Should the credit card or other payment methods you have on file with us not work, we will attempt to contact you via email to provide us with updated information. Until such time as payment is received, we will suspend the usage of the paid services associated with that account.

IV. FEATURES: TERMINATION

Section 1. Service Features

You acknowledge Vivigeek’s ability to add and remove features from the Website at any time, in its sole discretion, with or without notice or consent. Moreover, You acknowledge that we may establish or change general practices and limits concerning use of the Website, including bandwidth and storage restrictions. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other materials maintained or transmitted by us on Your behalf. You agree that we shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website, the Event or any other service we provide.

Section 2. Terminating Your Relationship with ViviGeek

Either You or we may terminate this relationship, and thus Your ability to use the Website at any time. You understand and agree that cancellation is Your sole right and remedy with respect to any dispute with Vivigeek. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of the TOS and/or the Event Terms or our enforcement or application thereof; (2) any policy or practice of Vivigeek, including the Website Privacy Policy, or Vivigeek’s enforcement or application of these policies; or (3) Your ability to access and/or use the Website and/or participate in the Event. Users may cancel their Account by emailing a cancellation request. Cancellation requests must originate from the email address provided during the initial registration. ViviGeek shall have no obligation to maintain any content or to forward any unread or unsent messages to You or any third party.

Section 3. Default

Without limiting other remedies, ViviGeek may, in its discretion, issue a warning, suspend or terminate Your Account, or otherwise refuse to provide services to You if we have reason to believe that any material information provided to us is untrue, inaccurate, not current or incomplete or if You breach this Agreement.

TERMINATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH TERMINATION OR SUSPENSION, ViviGeek MAY STOP PROVIDING THE WEBSITE, AND ANY INFORMATION YOU HAVE STORED ON THE WEBSITE WHICH MAY NOT BE RETRIEVED AT A LATER DATE.

V. ACCEPTABLE USE POLICY

Section 1. Introduction

All users of the Website are expected to use it responsibly and in accordance with the acceptable use policy set forth in this TOS. If ViviGeek becomes aware of violations or potential violations of the TOS, we will take whatever measures we deem necessary to stop or prevent those violations, including but not limited to a warning, suspension, or termination of Your Account. Our decisions in this regard are in our sole discretion and are final. Violation of the TOS may also subject the User to international, federal, and/or state civil and/or criminal liability. ViviGeek will, where appropriate, attempt to refer actual or potential violations of laws to the proper authorities, and fully cooperate with authorities in the investigation of any suspected criminal or civil wrong. ViviGeek assumes no obligation to inform a User in the event that the above-mentioned referral or cooperation has been provided and, in some cases, maybe prohibited by law from providing such notice. Any party seeking to report a violation of this TOS may do so by sending an e-mail to [email protected].

Section 2. Information Control and Content

We do not control the information provided by other users which is made available through any User’s Account. You may have a risk of dealing with underage persons or people acting under false pretense. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not Vivigeek, are entirely responsible for all Content that You post, email, upload, transmit, or otherwise make available via Your Account. ViviGeek does not control the Content posted by Users on the Website and, as such, does not guarantee the accuracy, integrity, legality or quality of such Content. You understand that by using our services, You may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will ViviGeek be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Website. ViviGeek reserves the right but has no obligation, to remove Content that, in our sole determination, does not meet our standards or does not comply with our current TOS. ViviGeek shall not be responsible for any failure or delay in removing or limiting access to such Content.

Section 3. Inappropriate Uses

The Website must not be used: (1) to store, publish, distribute, or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, vulgar, indecent, hateful, objectionable, tortuous, libelous, deceptive, or fraudulent information and materials, or information and materials that constitute or give rise to claims of an invasion of another’s privacy; (2) to conduct any activity that is a violation of any local, state or federal law or to request unlawful services or materials; (3) harm minors in any way; (4) impersonate any person or entity, including, but not limited to, any employee or representative of Vivigeek, or to falsely state or otherwise misrepresent Your affiliation with a person or entity; (5) store, publish, distribute, or otherwise disseminate child pornography or similar material; (6) in the furtherance of any activity, that infringes (directly or indirectly) upon the intellectual property or proprietary rights of others, with the exception of the Property (as hereinafter described), including, but not limited to, copyrights, trademarks, service marks, trade secrets, and patents; (7) to engage in fraudulent, deceptive or otherwise wrongful activities; including identity theft and promoting pyramid/Ponzi schemes or similar activities; (8) to promote, run, disseminate or in any way facilitate viruses, worms, or Trojan horse software programs or code;(9) to interfere with any other party’s use and enjoyment of the Website; (10) in any way that deliberately degrades or disables the Website or any other computer system or to prevent or impede the delivery of any data; (11) to gain or attempt to gain unauthorized entry to any site, network, or host, or to scan, probe, monitor or other perform other information gathering associated with such activity (including using the Website to guess passwords); (12) make inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other forum on the Website or elsewhere; (13) to export encryption or other regulated software over the Internet or otherwise, to points outside the United States in violation of US law; or (14) in any way that is harmful, disrespectful, or otherwise detrimental to ViviGeek or Our users, in Our sole and absolute discretion.

Section 4. Other Prohibited Activities

Any activity that You engage in that facilitates the violation of this TOS by any other party constitutes a violation of this TOS by You. You represent and warrant that You are not a resident of any country or affiliated with any organization prohibited to do business within the United States as set forth in the following: http://www.treas.gov/ofac and http://www.bis.doc.gov/dpl/thedeniallist.asp. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

VI. CONTENT

Section 1. Content Ownership; License

By agreeing to this TOS, You agree that except as may be otherwise provided for in the Official Rules with respect to Content provided by you in connection with an Event, you shall retain, any and all rights in and to any Content provided by you on the Website, however, you grant ViviGeek the non-exclusive and irrevocable right and license to use, reproduce, distribute, and publicly display your Content on the Website or through its services (such as e-mail notification and RSS feeds) free of charge. You also grant Vivigeek, the nonexclusive and irrevocable right, and license to use, reproduce, and display your Content in any and all media for purposes of advertising, promoting and publicizing the Website. By placing your Content on the Website you also grant other Website users the rights necessary to make use of all of the services of the website for viewing and sharing your content. You represent and warrant that (a) you are the sole and exclusive creator, author and owner of all Content submitted by you, and all rights thereto; (b) you have the full and exclusive right, power and authority to submit the Content to us upon the terms and conditions set forth herein; (c) no part of the Content has been published or copyrighted; (d) no rights in the Content have previously been granted to any person, firm, corporation or other entity or otherwise exercised or exploited; (e) no part of the Content is in the public domain any place in the world where copyright or similar protection is or may be available; and (f) that the Content is wholly original with you and no incident or part thereof is taken from, based upon or adapted from any other literary material or other work and full use of the Content or any part thereof will not in any way violate or infringe upon any copyright (statutory or otherwise), constitute a libel or defamation of or an invasion of the rights of privacy or publicity of, or otherwise violate or infringe upon any other personal, property or other rights of any kind of any person, firm, corporation or other entity or subject us to any costs or liability of any kind or nature whatsoever. You understand and agree that no confidential or fiduciary relationship is established by your submitting the Content hereunder and nothing in this Agreement or in the fact of your submission of the Content shall be deemed to place ViviGeek in any different position from anyone else to whom you have not submitted the Content.

Section 2. Links

Vivigeek may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, You acknowledge and agree that ViviGeek is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ViviGeek shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource.

VI. PROPRIETARY RIGHTS

Any Content that You upload or download while using the Website must be authorized; this means You must have the legal right and any and all permissions necessary to upload or download the Content. By uploading, submitting or posting Content on the Website, You are representing that You have all rights necessary to distribute it through the Website,

Section 1. Vivigeek’s Intellectual Property Rights

You acknowledge and agree that the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Vivigeek, You agree not to reproduce, exploit, modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, including its interface, in whole or in part and other logos and product and service names that are trademarks of ViviGeek (the “Company Marks”). Unless You have written permission, You agree not to display or use in any manner, the Company Marks.

Section 2. Reporting Alleged Copyright Infringements

Pursuant to the Digital Millennium Copyright Act (“DMCA”), ViviGeek has set up a system under which anyone who believes that their copyrighted material is being infringed on the Website may provide us with notice. Anyone who believes their copyright material is being infringed on the website may provide us notice by contacting our Copyright Infringement Officer.

VII. WARRANTY AND LIMITATION OF LIABILITY

You expressly understand and agree that:

1) Your use of the website and participation in events is at your sole risk. Our free and paid services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

2) ViviGeek makes no warranty that using the website will meet your requirements, (B) free or paid services will be uninterrupted, secure, timely, or error-free (C) the results that may be obtained from the use of our free or paid services will be accurate or reliable (D) the quality of any products, services, information, or other material purchased or obtained by you through this site will meet your expectations, and (E) any error in the website will be corrected.

3) Any material downloaded or otherwise obtained through the use of this site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material

4) No advice or information, whether oral or written, obtained by your from ViviGeek or through or from this website shall create any warranty. In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the website, the event, our services or this agreement, however arising, under contract, tort or negligence or strict liability. Our liability, and the liability of our suppliers, to you or any third parties in any circumstance, is limited to the number of fees you paid to us in the 12 months prior to the action giving rise to any purported liability. Because some jurisdictions do not allow the exclusion or of damages, Vivigeek’s liability in such jurisdictions shall be limited to the maximum extent permitted by the law of such jurisdiction. In addition, because some of the jurisdictions do not permit the disclaimer of certain warranties, the disclaimers set forth in Section 7 may not apply to you.

VIII. INDEMNIFICATION

You agree, at Your own expense, to indemnify and hold harmless ViviGeek and its respective employees, representatives, and all its respective subsidiaries, affiliates, officers, directors, suppliers, and agents, against any claim, suit, action or another proceeding to the extent that such claim, suit, action or other proceeding is based on or arises in connection with (a) Your use of the Website specifically including (i) a violation of the terms set forth in the TOS by You or anyone using Your Account; (ii) a claim that any use of the Website by You or anyone using Your Account is libelous or defamatory, or otherwise results in injury or damage to anyone and or (b) the Content. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

IX. ARBITRATION

Any legal controversy or legal claim arising out of or relating to this TOS or ViviGeek services, excluding legal action taken by ViviGeek to collect our fees and/or recover damages for, or obtain an injunction relating to ViviGeek or the Website operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless in our sole judgment, we wish to consolidate the legal controversy of two or more parties in any legal action. The arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. ViviGeek may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect its rights pending the completion of arbitration. Should You file an action contrary to this provision, ViviGeek may recover from You our reasonable attorney fees and costs. 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 this site or services or the TOS must be filed by You within six (6) months after such claim or cause of action arose or be forever barred. Notwithstanding anything else to the contrary in this TOS, ViviGeek shall always have and retain the right to pursue legal action of any kind or nature whatsoever in any appropriate jurisdiction in order to protect our interests.