These terms and conditions constitute a legally binding agreement between you and Saint Viv™, and govern your use of the Saint Viv™ website and application software (individually and collectively, the "System"), regardless of the device upon which, or media format in which, the System is rendered, accessed or used. The System are owned by Viv LLC d/b/a Saint Viv™. DO NOT ACCESS OR USE THE SYSTEM IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS AGREEMENT.
NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW.
Your visitation, registration for an account, access and/or use of the System constitutes your acceptance of this Agreement (as defined below). You agree that Saint Viv™ may modify the Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the System, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications.
By accessing or otherwise using the System, you agree to do business with Saint Viv™ electronically. By agreeing to do business electronically, you (i) consent to the electronic communication and delivery of all documents related to the System and all other goods and services provided via the System; and (ii) your access or other use of the System legally binds you to this Agreement.
"Personally Identifiable Information" means any information that identifies a natural person, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, or the like that can be used by or on behalf of Saint Viv™ to identify a specific person. It does not include information that is anonymized, encoded, aggregated, or publicly available information that has not been combined with non-public personal information.
"Person" means (except with respect to "Personally identifiable information") a natural person, entity, association or organization, unless otherwise specified.
"User" or "you" or "your" refers to any and all natural persons, entities, associations and/or organizations who visit, create an account with, access or use this System in any way imaginable, whether through existing technology or through technology not heretofore manufactured, devised or discovered, or who request, purchase, subscribe to, access, or otherwise use the goods or services offered on this System.
You agree keep to your password confidential and not to distribute it or otherwise allow anyone other than you to access your account. Your password is the key to all of the information in your account.
Any communication you make on this System or over the Internet, whether sent via email, via a form on the System, or a message board, etc., should be regarded as an insecure communication, unless we explicitly state on a particular web page that you can expect the communication to be secure or encrypted.
You agree to take reasonable steps to prevent unauthorized access to the System, including by protecting your passwords and other log-in information. You will notify Saint Viv™ immediately if you know of or suspect unauthorized use of the System or breach of its security.
In using the System, you will comply with all applicable laws, including laws governing the protection of personally identifiable information and other laws applicable to the protection of your Content.
You are responsible and liable for: (a) your use of the System, and (b) any use of the System through your account or passwords, whether authorized or not.
Your Content & Privacy
You represent and warrant that you own your Content and that submitting or transmitting your Content to or through the System will not violate the rights of any third party, including intellectual property, privacy or publicity rights. Saint Viv™ is under no obligation to review or screen your or other System users' Content. If you believe that another user has violated any of your intellectual property rights, you may initiate the procedures outlined in Saint Viv's™ policy concerning claims that Content accessed through the System infringes intellectual property rights as set forth below.
YOU UNDERSTAND AND AGREE THAT SHARING CONTENT ONLINE INVOLVES RISKS OF UNAUTHORIZED DISCLOSURE OR EXPOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AND THAT, IN SUBMITTING YOUR CONTENT TO OR TRANSMITTING IT THROUGH THE SYSTEM, YOU ASSUME THESE RISKS.
Saint Viv™ disclaims all liability for the accuracy of any Content submitted to or transmitted through the System by you or another user, including without limitation your Content.
You agree that you will not rely on the System or Saint Viv™ for backup or storage of your Content. Saint Viv™ may retain your Content even if you are no longer using the System but is not required to provide copies of your Content to you. Saint Viv™ may permanently delete or erase your Content or suspend your access to your Content through the System at any time and for any reason.
Your Responsibilities & Restrictions
You will not: (a) provide System passwords or other log-in information to any third party; (b) share non-public System features or Content with any third party; or (c) access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas, features, functions or graphics of the System. If Saint Viv™ suspects that you have violated the requirements of this Agreement Saint Viv™ may suspend or terminate your access to the System without notice, in addition to all other remedies Saint Viv™ may have. Saint Viv™ is not obligated to take any action against you or any other System user or other third party for violating this Agreement, but Saint Viv™ is free to take any such action it sees fit.
Cross-Border Export of User Data
Refusal & Termination of Service
Saint Viv™ reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.
You may not use or otherwise export or re-export the System and/or its content, except as authorized by United States law. The System and its content may not be exported or re-exported (i) into (or to a national or resident of) any U.S.-embargoed country, (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or (iii) to anyone on the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not a resident or national of any such country on any such list, and are not located in, under the control of, acting on behalf of or in concert with, a resident or national of any such country or on any such list.
Saint Viv™ grants to you, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, non-exclusive, terminable-at-will license to use the software, content and documentation which it owns, or of which it is a licensee, for the limited purposes accessing, exploring and using the System in real time in a manner consistent with the terms of the Agreement.
Intellectual Property Rights in the Site and Software
Unauthorized duplication or attempt to revise, adapt, modify, decompile or reverse engineer the System, in whole or in part, or of any plans, designs, specifications, data or content made available from the System (except as expressly authorized herein), is a violation of the U.S. Copyright Act of 1976 and other applicable law.
Unless otherwise stated, Saint Viv™ is the sole and exclusive owner of the copyright interests in and to the System, and is the owner or a licensee of the content hereon, including, without limitation, all "works" as defined in the Copyright Act of 1976, text, graphics, images, video material, audio material, audiovisual material, and other content, regardless of media format, whether now existing or hereafter arising ("Copyright Material"). The Copyright Material is protected by United States law and international treaties. You may display and download portions of the System solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the System. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, display, or any commercial use of the content on the System is strictly prohibited by law.
SAINT VIV™ and the SAINT VIV™ & Design are trademarks, trade names, or service marks of Saint Viv™ (individually and collectively the "Trademarks"). The Trademarks may not be used in any manner by any person or in connection with any product or service, without the prior written consent of an authorized representative of Saint Viv™. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.
There is a patent pending on the Saint Viv™ app.
NOTICE & PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notice of Claimed Infringement
Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent:
Henry "Hank" J. Fasthoff, IV
Fasthoff Law Firm PLLC
21 Waterway Ave., Suite 300
The Woodlands, Texas 77380
hank @ fasthofflawfirm.com
To be effective, the notification must be a written communication that includes the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
(iii) A reasonably detailed description of where the alleged infringing material is located on this website;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your content that was removed pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
(i) Your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cook County, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Ideas & Submissions
Saint Viv™ values and encourages feedback. Pursuant to Saint Viv's™ policy, however, we do not accept or consider creative ideas, suggestions, or materials. If you choose to send any creative submissions to us, whether at Saint Viv's™ request, or despite our request that you do not send submissions to us, then you hereby irrevocably assign and transfer to Saint Viv™ any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), without any compensation therefore, including, without limitation, all domestic and foreign copyrights, trademark rights (and goodwill appurtenant thereto), patent rights, trade secret rights, know-how, and all other intellectual property rights and other rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby irrevocably waive enforcement of any and all moral rights. Saint Viv™ shall be entitled to complete unrestricted use of the submissions and all content, data and information contained therein for any purpose, whether commercial or otherwise, without compensation to, or recognition or acknowledgment of, the author(s) or provider(s) of the submissions.
User Representations & Warranties
You represent and warrant that you are at least 18 years of age and have reached the age of majority in the location where you reside. You further represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the System in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the System, and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current and complete information about you as requested by the forms available on this System; and (ii) to maintain and update your information to keep it secure, true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Saint Viv™ has the right to terminate your account and refuse any and all current or future use of the System.
You further represent and warrant that you will not provide to us the name, address, email address, phone number, or other personal identifying information of any person under the age of 13. Violation of this provision is grounds for immediate termination of your account and access, and immediate cancellation of any orders, goods, and services offered hereunder.
Disclaimer of Convention on the International Sale of Goods
You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not, and does not, apply to this Agreement.
Governing Law, Jurisdiction, & Venue; Arbitration
All uses of the System, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for (i) conflicts of laws principles, (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended, or (iii) other international laws. All disputes arising under or relating to the Agreement and/or your visitation, access or use of the System, shall be submitted to and resolved by binding arbitration in Harris County, Texas, and any award shall be confirmed exclusively in the courts situated in Harris County, Texas. You further irrevocably agree and consent to the exclusive jurisdiction and venue of the courts situated in Harris County, Texas for the purposes of reviewing, confirming or otherwise relating to any arbitration award, and you hereby expressly waive jurisdiction and venue in any other forum for such purposes. Any arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all findings of fact and conclusions of law, and shall be kept confidential and not disclosed for any purpose except as required by law, e.g., disclosure to tax advisors for the purpose of filing a tax return. Any such arbitration shall include a written record of the arbitration hearing.
WAIVER OF CLASS ACTION/JURY TRIAL
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS VIV LLC AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, AND EACH OF THE FOREGOING'S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE "INDEMNIFIED PARTIES"), FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, LOSSES, CAUSES OF ACTION, COSTS, ATTORNEY'S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO (I) YOUR ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT (II) YOUR ACTUAL OR ALLEGED NEGLIGENT, WILFUL OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR RELATING TO YOUR REGISTRATION, VISITATION OR USE OF THIS SYSTEM. THE INDEMNIFIED PARTIES MAY, AT THEIR SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT THAT MAY HAVE THE POTENTIAL TO AFFECT AN INDEMNIFIED PARTY'S RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT SUCH INDEMNIFIED PARTY'S PRIOR WRITTEN APPROVAL.
LIMITATION OF LIABILITY
ACCESS TO AND USE OF THIS SYSTEM IS PROVIDED ON AN "AS IS" BASIS. YOU AGREE THAT VIV LLC AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING'S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, INSURERS, AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE "LIMITED PARTIES"), SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE OUT OF OR RELATE TO YOUR VISITATION OR USE OF THIS SYSTEM; PURCHASE, POSSESSION, USE OR NONUSE OF ANY GOODS OR SERVICES, OR THE OFFERING OF CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH, THE SYSTEM AND/OR IN ANY EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SYSTEM. THE LIMITED PARTIES' MAXIMUM LIABILITY IS EQUAL TO THE AMOUNT YOU PAID FOR ACCESS AND USE OF THE SYSTEM. WITHOUT LIMITING THE FOREGOING, THE LIMITED PARTIES SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, LOSS OF EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY.
IN NO EVENT WILL SAINT VIV™ BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
DISCLAIMER OF ALL WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SYSTEM ARE PROVIDED ON AN "AS IS" BASIS. SAINT VIV™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SYSTEM OR THE INFORMATION, MATERIALS, CONTENT, GOODS OR SERVICES CONTAINED ON, ARISING OUT OF OR RELATED TO THE SYSTEM. SAINT VIV™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
In the event of any conflict between these Terms & Conditions and any Saint Viv™ policy, the terms of these Terms & Conditions shall govern.
This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter, all of which are merged herein. Neither party has relied upon any such prior or contemporaneous communications in entering into this Agreement.
For information on other Saint Viv policies, please click one the links below:
Pat. Pending. ™ & Copyright © 2017 Viv LLC d/b/a Saint Viv. All Rights Reserved.