Kivivi Terms of Service

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Acceptance

These Terms of Service ("Terms") apply to your access to and use of our services and Kivivi's website (the "Services"), and any data, communication, information, text, images, photos, videos, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content").

PLEASE READ THE TERMS OF SERVICE CAREFULLY. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Eligibility

You must be at least 18 years old and a resident of the United States. All others are prohibited from using the Services. You may use the Services only if you can form a binding contract with Kivivi and are not a person barred from receiving services under the laws of the United States. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Responsibility

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services. You should only provide Content that you are comfortable sharing with others under these Terms.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Kivivi cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Kivivi of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Availability

The Services that Kivivi provides are always evolving and the form and nature of the Services that Kivivi provides may change from time to time without prior notice to you. In addition, Kivivi may temporarily or permanently stop providing the Services or any features within the Services to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Privacy

Any information that you provide to Kivivi is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection transfer, storage, processing and use (as set forth in the Privacy Policy) of this information, by Kivivi. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Kivivi account, which you may not be able to opt-out from receiving.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Kivivi to make such Content available to other companies, organizations or individuals who partner with Kivivi for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by Kivivi, or other companies, organizations or individuals who partner with Kivivi, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Kivivi will not be responsible or liable for any use of your Content by Kivivi in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Kivivi gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Kivivi as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Kivivi, in the manner permitted by these Terms.

Kivivi Rights

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

Satisfy any applicable law, regulation, legal process or governmental request,
Enforce the Terms, including investigation of potential violations hereof,
Detect, prevent, or otherwise address fraud, security or technical issues,
Respond to user support requests, or
Protect the rights, property or safety of Kivivi, its users and the public.

Restrictions

As a condition of use, you agree that you will not, and will not assist or enable others to

Threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Services;
Submit or transmit pornography or illegal content;
Solicit personal information from minors or to harm or threaten to cause harm to minors;
Submit or transmit spam, chain letters, junk email, mail bombs, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
Use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, "Viruses");
Script the creation of Content or take any action in such a manner as to interfere with or create in our sole discretion, an undue burden on the Services and Kivivi's technology infrastructure;
Make excessive traffic demands;
Use any robot, spider, Services search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Services or any Services Content;
Reformat or frame any portion of the Services;
Reverse engineer any portion of the Services, except as may be permitted under the law;
Use the Services for keyword spamming or to otherwise attempt to manipulate natural search results;
Record, process, or mine information about other users;
Create serial accounts for name squatting and other disruptive or abusive purposes.
Attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;
Use any device, software or routine that interferes with the proper working of the Services;
Use the Services to violate the security of any computer network, crack passwords or security encryption codes;
Disrupt or interfere with the security of, or otherwise cause harm to, the Service or Content;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use of Content, or features that enforce limitations on the use of the Service.
Use the Services for promotional or commercial purposes, except as expressly allowed in writing by Kivivi;
Use the Services in a manner that may create a conflict of interest, such as trading endorsements;
Violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Remove or modify any copyright, trademark or other proprietary rights notice on the Services or on any materials printed or copied off of the Services;
Use the Services in violation of the Terms of Service or any applicable law;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or Content , except as expressly authorized by Kivivi;
Access, tamper with, or use non-public areas of the Services, Kivivi's computer systems, or the technical delivery systems of Kivivi's providers;
Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through currently available and published interfaces that are provided by Kivivi (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Kivivi (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Kivivi is expressly prohibited);
Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

Kivivi reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violated the use of the Services.

Feedback

By sending us any ideas, suggestions, comments, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

Ownership

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Kivivi and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Kivivi name or any of the Kivivi trademarks, logos, domain names, and other distinctive brand features.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content on Kivivi infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. 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;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement 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
6. 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 owner of an exclusive right that is allegedly infringed.
Kivivi's designated Copyright Agent to receive notifications of claimed infringement is:
email: copyright@kivivi.com.

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Kivivi's customer service.

You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. 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;
3. 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
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Hartford, Connecticut, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
5. If a counter-notice is received by the Copyright Agent, Kivivi 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 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 Kivivi's sole discretion.

Third Parties

The Services may also contain some features that are powered by third-party companies like Google. The use of these features is governed by the terms detailed on their respective websites.

Disclaimer

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Kivivi be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Warranties

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, KIVIVI AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Kivivi will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Kivivi has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Kivivi or through the Services, will create any warranty not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIVIVI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KIVIVI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of Kivivi to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Governing Law

These Terms and any dispute arising under or related to this shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions. Any dispute arising under or related to this agreement shall be brought before a federal or state court located in the State of Connecticut.

Entire Agreement

These Terms, and our Privacy Policy are the entire and exclusive agreement between Kivivi and you regarding the Services (excluding any Services for which you have a separate agreement with Kivivi that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Kivivi and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be in this page. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Kivivi, Inc. If you have any questions about these Terms, please contact us.

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