The following terms and conditions (the “Agreement”) govern all use of the www.VivoGS.com website (the "Site" ) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by Vivo Girls Sports, Inc. (the “Company”). The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Vivo Girl Sports, Inc. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.
Vivo Girl Sports, Inc. reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
1. ACCESS.
Subject to the terms and conditions of this Agreement, the services provided in connection with the Service are solely for User’s own personal use. Vivo Girl Sports, Inc. may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. The Company reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the Sites, or by sending User a notice via e-mail or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User’s acceptance of the terms and conditions of this User Agreement as modified.
The Service is available only to individuals who are at least 13 years old. User represents and warrants that if User is an individual, User is at least 13 years old, User is of legal age to agree to these terms and conditions or User has his/her parents’ permission to do so, and that all registration information User submits is accurate and truthful. Vivo Girls Sports, Inc. may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
2. SITE CONTENT.
User agrees that all content (e.g. text, forum postings, and video) and materials (collectively, “Content”) delivered via the Service or otherwise made available by Vivo Girl Sports, Inc. at the Sites are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Vivo Girl Sports, Inc. in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at this Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Vivo Girl Sports, Inc..
Notwithstanding the foregoing, any software that is available for download from the Site is the copyrighted property of Vivo Girl Sports, Inc. and/or its suppliers or licensors. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement provided by Vivo Girl Sports, Inc. and applicable to that software. Any use of any other product or service (and warranties as to such product or service) used or access by User on, or in connection with, the Site, shall be governed by the terms of the agreement applicable to that product or service (e.g. third party license agreement or third party sales agreement).
Use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
User acknowledges and agrees that if User uses the Site to contribute Content to the Site, Vivo Girl Sports, Inc. is hereby granted a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise in violation of any law or right of any third party. Vivo Girl Sports, Inc. reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or in the event that Vivo Girl Sports, Inc. is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
3. RESTRICTIONS.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Vivo Girl Sports, Inc. reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Vivo Girl Sports, Inc. server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of Vivo Girl Sports, Inc., including any Vivo Girl Sports, Inc. account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Vivo Girl Sports, Inc.’ systems or networks, or any systems or networks connected to the Service or to Vivo Girl Sports, Inc..
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Vivo Girl Sports, Inc. on or through the Service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Vivo Girl Sports, Inc. or others.
4. REGISTRATION; SECURITY.
As a condition to using certain features of the Service, User may be required to register with Vivo Girl Sports, Inc. and select a password and User name (“Vivo Girl Sports, Inc. User ID”). User shall provide Vivo Girl Sports, Inc. with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a Vivo Girl Sports, Inc. User ID a name of another person with the intent to impersonate that person; or (ii) use as a Vivo Girl Sports, Inc. User ID a name subject to any rights of a person other than User without appropriate authorization. Vivo Girl Sports, Inc. reserves the right to refuse registration of, or cancel a Vivo Girl Sports, Inc. User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s Vivo Girl Sports, Inc. password and other account information.
5. THIRD PARTY SITES.
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Vivo Girl Sports, Inc.’ control, and User acknowledges that Vivo Girl Sports, Inc. is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Vivo Girl Sports, Incß. User further acknowledge and agree that Vivo Girl Sports, Inc. 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 content, goods, information, or services available on or through any such website or resource.
6. INDEMNIFICATION.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless Vivo Girl Sports, Inc., its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User’s (i) use or misuse of the Service; (ii) access to any part of the Service, or (iii) violation of this Agreement.
7. WARRANTY DISCLAIMER.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY SOFTWARE) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VIVO GIRL SPORTS, INC. MAKE NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS. USER ACKNOWLEDGES THAT VIVO GIRL SPORTS, INC. IS NOT RESPONSIBLE FOR ANY USER CONTENT (OF THE AFFECTS OF SUCH CONTENT ON USER). USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK. VIVO GIRL SPORTS, INC. DISCLAIMS ANY AND ALL WARRANTIES FOR THIRD PARTY GOODS AND SERVICES RECEIVED THROUGH, OR ADVERTISED ON, THE SITE. THIS CONTENT IS PROVIDED "AS IS" AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
8. LIMITATION OF LIABILITY.
IN NO EVENT SHALL VIVO GIRL SPORTS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.). In addition, Vivo Girl Sports shall not be liable for any loss or liability resulting, directly or indirectly, from User’s inability to access or otherwise use the Site (including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems or utility failures. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
9. FEES AND PAYMENT.
Some features of the Service may require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such for-fee services purchased by User. Vivo Girl Sports, Inc. reserves the right to change its price lists and to institute new charges at any time, upon ten (10) days prior notice to User, which may be sent by email or posted on the Site.
10. TERMINATION.
Vivo Girl Sports may terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if Vivo Girl Sports determines there may be an immediate threat to Vivo Girl Sports, it may terminate such access without notice). Upon termination notice from Vivo Girl Sports, User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
11. EXPORT AND TRADE CONTROLS.
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all United States, foreign and other applicable laws and regulations.
12. PRIVACY.
Vivo Girl Sports’ current privacy policy is available at www.VivoGS.com (the “Privacy Policy”), which is incorporated by this reference. Vivo Girl Sports, Inc. strongly recommends that you review the Privacy Policy closely.
13. MEMBER DISPUTES.
User is solely responsible for your interactions with other Service users. Vivo Girl Sports , Inc. reserves the right, but has no obligation, to monitor disputes between User and other Service users. If User has a dispute with one or more users of the Site or Service, User shall and hereby does release Vivo Girl Sports, Inc. (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
14. COPYRIGHT.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Vivo Girl Sports, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Vivo Girl Sports, Inc. and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of Vivo Girl Sports, Inc. or its software suppliers and protected by United States and international copyright laws.
15. ELECTRONIC COMMUNICATIONS.
When User visits the Site or send e-mails to Vivo Girl Sports, Inc., User is communicating with Vivo Girl Sports, Inc. electronically. User hereby consents to receive communications from us electronically. Vivo Girl Sports, Inc. will communicate with User by e-mail or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that Vivo Girl Sports, Inc. provides to User electronically satisfy any legal requirement that such communications be in writing.
16. MISCELLANEOUS.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Vivo Girl Sports, Inc.Vivo Girl Sports, Inc. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Vivo Girl Sports, Inc.’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Vivo Girl Sports, Inc.’ prior written consent. Vivo Girl Sports, Inc. may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Notwithstanding the foregoing sentence, (but without limiting either party’s right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in San Francisco, California, using the English language. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Vivo Girl Sports, Inc. in any respect whatsoever.
17. DIGITAL MILLENIUM COPYRIGHT ACT NOTICE
Vivo Girl Sports, Inc. has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Vivo Girl Sports, Inc.’ Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is Vivo Girl Sports, Inc.’ policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If you believe that content residing on or accessible through the Vivo Girl Sports, Inc. web Service or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that Vivo Girl Sports, Inc. is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Vivo Girl Sports, Inc.’ policy:
1. to remove or disable access to the infringing content;
2. to notify the content provider, member or user that it has removed or disabled access to the content; and
3. that repeat offenders will have the infringing content removed from the system and that Vivo Girl Sports, Inc. will terminate such content provider’s, member’s or user’s access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
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 the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Vivo Girl Sports, Inc. is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Vivo Girl Sports, Inc.’ 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 Vivo Girl Sports, Inc.’s discretion.
Please contact Vivo Girl Sports, Inc.’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Laurie M. Berk
Community + Content Director
219 E. Blithedale Avenue, Suite 4
Mill Valley, California 94941 USA
T: 415.388 9015
F: 415.388 9016
