Last updated on July 8 2020
Welcome to Vivensity, Inc., (“Vivensity” “we,” “us,” or “our”), which operates the web site located at https://www.vivensity.com (the “Website”) and online services, mobile applications, and any other products and services that we may provide now or in the future (collectively, the “Services”). The following Terms ofService are a legal contract between you (“you” and “your”) and Vivensity regarding your use of the Services.Visitors and users of the Services are referred to individually as “User” and collectively as “Users”.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR ACCESSING OUR SERVICES IN ANYWAY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, THE “TERMS”).
THE SERVICES ARE NOT AVAILABLE TO ANY PERSON UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN (OR, FOR SCHOOL ACCOUNTS, BY AUTHORIZED SCHOOL PERSONNEL AS PERMITTED UNDER THE TERMS). IF YOU ARE UNDER THE AGE OF 18 (AND OVER THE AGE OF 13), YOU REPRESENT THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THE TERMS ON YOUR BEHALF. IF YOU ARE A STUDENT UNDER THE AGE OF 18 WHO WISHES TO USE OUR SERVICES THROUGH A SCHOOL ACCOUNT YOU MUST PROVIDE CONSENT BY A LEGAL PARENT OR GUARDIAN.
1.2 Account. In order to use the Services, you must register for an account. When setting up and maintaining your account, you must provide and maintain accurate and complete information, including a valid email address. You must keep this information current at all times while using the Service. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all activities that occur under your account or password. You may not allow others to use your account or use someone else’s account without their permission. We may limit the number of devices on which you may use the Service, or ask for two-step verification of new devices. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you, your staff, and your students.
3. Modifications of the Terms
Vivensity reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Vivensity will make reasonable effort to provide no less than 30 days prior notice to you of such amended Terms, such as by an email notification to the address associated with your account. However, changes addressing new functions for a service or changes made to manage Vivensity’s liability or otherwise required by law will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services.
4. Your Content.
4.1 Our Service may provide you with the ability to post content, such as reviews, discussions, and ratings. The content you post remains yours, but by posting content, you allow Vivensity to reuse and share it but you do not lose any ownership rights you may have over your content. When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Vivensity to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. By submitting or posting content on or through the platforms, 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 your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Vivensity for the syndication, broadcast, distribution, or publication of content on other media, or to the successors or assigns of Vivensity. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you. Any feedback, comments, or suggestions you may provide regarding Vivensity or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. Vivensity reserves the right, at any time in its sole discretion and without notice to you, to pre-screen, review, monitor, flag, filter, modify, refuse or remove any or all content from the Services, but Vivensity has no obligation to do so.
4.2 You must take down, delete or modify any content that is stored by you or your students through the Service that violates these Terms, upon a take down, deletion or modification request from Vivensity. In the event that you, your staff, or your students do not immediately comply with a request from Vivensity to take down, delete or modify certain content, Vivensity reserves the right to directly take down, delete or modify such content. Vivensity assumes no liability or responsibility arising from your activities in connection with the Services, including, without limitation, content that you store or otherwise use in connection with Services.
5. Term and Termination.
5.1 Term. These Terms shall remain in force while you use the Services unless and until your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.
5.2 Termination by Vivensity. Vivensity, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with Vivensity or your use of the Services and remove and discard all or any part of your account. If Vivensity does so without cause, Vivensity’s sole liability will be to refund to you any pre-paid portion of fees you have paid for the Service.
Vivensity may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. Upon such termination, you will be entitled to a refund of any unused fees for future Services not yet rendered. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. If we ban your account or disable your access to the Services due to violation of these Terms, you will not be eligible to receive any credit or refund.
5.3 Termination by You. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services. Termination of these Terms will not entitle you to a refund, subject to Section 8.3 below.
6. Representations and Warrenties
You warrant, represent and agree that you will not provide any User
content or otherwise use the Services in a manner that
- (i) infringes, violates or misappropriates another intellectual property rights, rights of publicity or privacy, or other rights;
- (ii) violates any international, federal,
state or local law, statute, ordinance or regulation or which would render Vivensity in violation of any applicable laws or regulations, including without limitation, privacy laws.
- (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or
- (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access
to your account or password or submitting User content that contains viruses.
6.1 No Warranties. THE SERVICES, INCLUDING WEBSITE, AND ALL CONTENT OR APPLICATIONS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIVENSITY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED. VIVENSITY DOES
NOT WARRANT THAT THE WEBSITE OR ANY DATA, CONTENT, OR ANY INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
7. Limitation of Liability and Damage
YOU AGREE THAT YOU WILL HAVE NO RECOURSE TO SEEK DAMAGES AGAINST VIVENSITY EVEN IF YOU SUFFER LOSS OR DAMAGE DUE TO THE USE OF OUR SERVICES. TO THE EXTENT
PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY, ON BEHALF OF US OR OUR LICENSORS OR SUPPLIERS, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOSS OF PROFITS, WHETHER ARISING IN CONTRACT, WARRANTY, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR
LIABILITY TO YOU HEREUNDER IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) AND THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE
EVENT GIVING RISE TO YOUR CLAIMS FOR THE APPLICABLE COURSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT VIVENSITY HAS OFFERED AND PRICED THE SERVICES IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A
REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND VIVENSITY, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN
ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND VIVENSITY.
The terms in this Section apply to school administrators or others who agree with Vivensity to provide the Services to Users.
8.1 Pricing and Term. Pricing for the Services and the duration of the Services will be as set forth in a purchase order or other document agreed between you and Vivensity referencing these Terms.
8.2 Payments. You agree to pay the fees for Services that you purchase under a purchase order with Vivensity, and you authorize us to charge your debit or credit card or process other means of payment for those fees. Payment is due in advance and on a recurring yearly cycle, unless we agree differently.
8.3 Refunds and Credits. If the services you purchased are not what you were expecting, you can request, within 30 days of your purchase, that Vivensity credit/refund your account. Providing refunds is at the sole discretion of Vivensity. You must communicate your request by sending an email to admin@Vivensity.com. In no case will you be reimbursed for the remaining amount of the current month or for services that have already been paid. In case you want to reactivate your services at a later date, you may be required to pay a reactivation fee.
8.4 Other Users. It is your sole responsibility to make sure that anyone who uses our Services under your agreement with Vivensity, such as students and staff, complies with the Terms and any other applicable laws, and you will be liable for any violation by such users.
9.1 Notice. Vivensity may provide you with notices, including those regarding changes to the Terms, by email, postings on the Services, or other reasonable means. Notice will be deemed given twenty-four hours
after email is sent, unless Vivensity is notified that the email address is invalid. Any notices directed to Vivensity shall be sent by first class U.S. Mail to Vivensity at 3737 La Calle Ct. Palo Alto, CA 94306 and also
via e-mail to admin@Vivensity.com
9.2 Waiver. The failure of Vivensity to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Vivensity.
9.3 Governing Law. The Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
9.4 Venue. In the event that a dispute between you and Vivensity cannot be resolved amicably, you agree that any claims relating to such a dispute will be filed only in the state or federal courts in and for Santa Clara County, California, and each of you and Vivensity hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, Vivensity shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
9.5 Severability. If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
9.6 Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without Vivensity’s prior written consent, but may be assigned by Vivensity without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
9.7 Survival. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
9.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
9.9 Entire Agreement. The Terms constitute the entire agreement between you and Vivensity relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms made by Vivensity as set forth in Section 3 above.
9.10 Contacting Us. If you have any questions, concerns or feedback, please reach out to admin@Vivensity.com.