User Agreement

The following User Agreement (“Agreement”) governs the use of the VIVmag.com online service (“Service”), including without limitation participation in its bulletin boards, forums, personal ads, chats, and all other areas (except to the extent stated otherwise on a specific page) as provided by VIV Publishing, LLC. (“VIV”). Please read the rules contained in this Agreement carefully.

1. ACCEPTANCE OF TERMS OF USE

Our web site is provided free of charge to you under this User Agreement. For certain services, however, such as auctions, contests, sweepstakes, or premium services, you may need to register, and in some cases pay a fee. If registration or fees are required, additional terms will be provided to you that explain the special terms that apply with respect to those services.

2. RIGHTS

You acknowledge that:

A. VIV permits access to content that is protected by copyrights, trademarks and other intellectual property and proprietary rights (“Rights”).
You are free to encourage others to access the information themselves on our sites. We welcome links to our service provided that you link to our homepage, located at http://www.vivold.eroi.com.

B. The content available on this site, such as text, graphics, images and other materials, and the Service contain materials that are protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

C. The Service is not intended for users under the age of 13, and VIV does not knowingly collect personally identifiable information from users under the age of 13.

D. The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the “look and feel” of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of VIV or its licensors.

E. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in this Agreement, or by obtaining express written consent from VIV.

F. You agree not to alter or tamper with any information or materials on or associated with the Service.

G. Other than connecting to VIV’s servers by http requests using a Web browser, you may not attempt to gain access to VIV’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

H. The Service provides links to third party sites for your convenience. You acknowledge that VIV does not endorse nor is it responsible for the content of such third party sites and is not responsible for the content or actions of such sites. Those third party sites are subject to their own terms of use and privacy policies, and your use of such services or sites is at your sole risk.

I. VIV does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums and user-generated content such as VIV Moments, blogs or otherwise contained in the Service. Nor does VIV or its third party service providers make any warranties with respect to any of the merchandise featured, mentioned, or sold on or through the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of Service Provider or its third party service providers.

For information regarding use of personal information you supply or communicate to VIV through the Service, please see our Privacy Policy.

3. LICENSE TO YOUR CONTENT:

You hereby grant to VIV a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display, in whole or in part, any message you post on the Service and/or any email sent by you to VIV and/or to incorporate it in other works in any form, media or technology now known or later developed.

4. COPYRIGHT COMPLAINTS:

If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify VIV by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below.

A. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. 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 VIV, or its third party service providers, to locate the material;

D. Information reasonably sufficient to permit VIV, or its third party service providers, 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;

E. 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

F. 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.

Copyright Agent:

Doug Carlson
P.O. Box 4
Aspen, CO 81612

Note: Only copyright complaints should be sent to the Copyright Agent identified above. No other communications will be accepted or responded to.

For communications on other matters, please visit our Contact Us page.

5. MATERIALS POSTED BY OTHERS:

You agree that VIV and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

You agree to indemnify VIV and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.

VIV reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Service or its bulletin boards, in its sole discretion, without notice.

VIV reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Your continued use of the Service constitutes your agreement to comply with these additional rules.

6. DISCLAIMER:

THE INFORMATION IN VIV SHOULD NOT BE SUBSTITUTED FOR PROFESSIONAL MEDICAL ADVICE OR A MEDICAL EXAM. BEFORE PARTICIPATING IN EXERCISE OR NEW PHYSICAL ACTIVITIES, YOU SHOULD SEEK ADVICE FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL. VIV’S CONTENT SHOULD NOT BE USED TO DIAGNOSE, TREAT OR PREVENT ANY MEDICAL CONDITION.

VIV, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

VIV, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE THROUGH THE SERVICE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. TERMINATION OF ACCESS TO THE SERVICE:

VIV has the right to terminate your ability to access the Service, for any or no reason, without notice.

VIV makes no representation that materials on the Service are appropriate, available or legal in any particular location.