Viva Creative | Global Experiential Communications Agency

WELCOME TO WWW.VIVACREATIVE.COM (OUR “WEB SITE”). PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND VIVA CREATIVE (“VIVA” "WE", "US", OR "OUR") REGARDING YOUR USE OF OUR WEB SITE.

These are official terms and conditions ("Terms of Use") and form a legally binding agreement between you and us regarding your use of the Web Site located at http://www.vivacreative.com/, as well as the associated Web pages, features and functions made available by Viva.

YOU AGREE TO READ THESE TERMS OF USE CAREFULLY EACH TIME YOU ACCESS THE WEB SITE.

1. GENERAL TERMS.

The Web Site is offered and made available only to users 18 years of age or older or have reached the age of majority in the jurisdiction in which you live or reside. If you are not yet 18 years old or have not reached the age of majority in the jurisdiction in which you live or reside, you must have a parent or guardian’s permission to view the Web Site. Moreover, if your use of the Web Site is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Web Site immediately. BY ACCESSING THE WEB SITE: (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE OR HAVE A PARENT’S OR GUARDIAN’S PERMISSION TO ACCESS THE WEB SITE AND (II) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOUR REMEDY FOR DISSATISFACTION WITH THE WEB SITE, OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE, IS TO STOP USING THE WEB SITE AND/OR THOSE PARTICULAR SERVICES OR CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR ACCESSING THE WEB SITE.

When we use the term "Agreement" we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of the features, functions and services we make available to you from time to time through the Web Site. These Terms of Use and our use of the term "Agreement" also includes our Privacy Policy that can be accessed through links on the Web Site’s home page. The Privacy Policy is hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you access and use the Web Site, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, is suspended or deactivated for any reason.

The Web Site is for general public use. You may visit and browse the Web Site without charge or obligation. The words “visit” or "use" (or versions thereof) in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Web Site, receive data from the Web Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Web Site, for any purpose whatsoever.

2. MODIFICATIONS.

These Terms of Use are effective as of July 1, 2010. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without any liability or obligation to you, with or without notice. We may post or display notices of material changes on the Web Site. Once we post them on the Web Site, these changes become effective immediately and if you use the Web Site after they become effective, then it will signify your agreement to be bound by the changes. You acknowledge and agree that it is your responsibility to review the Web Site and these Terms of Use periodically and to be aware of any modifications or revisions. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

3. OWNERSHIP AND PROPRIETARY RIGHTS.

The Web Site, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, and visual effects, as well as any accompanying documentation or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Web Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as "Content") are the property of Viva and/or its affiliates, and their authorized licensors, and/or service providers. All Content on the Web Site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all Content contained in the Web Site is either the copyrighted property of Viva or is the copyrighted property of third parties unless otherwise noted.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively "Marks") on or of the Web Site, including, without limitation, "Viva Creative" and our stylized logo and slogan, Global Experimental Communications are the service marks and intellectual property of and proprietary to Viva. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of Viva.

4. LICENSE AND SITE ACCESS

Viva authorizes you to access Content and grants you the limited right and license to use the Web Site solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal use and for no other purpose whatsoever. You may download one single hard copy of Content displayed on the Web Site for non-commercial, personal-use only. You must not alter, delete or conceal any copyright or other legal notices contained on the Web Site, including notices on any Content you display, print or reproduce from the Web Site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site) or otherwise use, any Content without the express prior written consent of Viva.

This license does not include any resale or commercial use of the Web Site or its Content; any derivative use of the Web Site or its Content; or any use of data mining, Web scraper, spider, robots, or similar data gathering and extraction tools. The Web Site or any portion of thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Viva. You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the Web Site without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our Marks without our express written consent. Any unauthorized use terminates the permission or license granted by Viva.

As an express condition of your use of the Web Site, you warrant to us that you will not use the Web Site for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content.

5. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others, and we ask you to do the same. Accordingly, Viva has adopted the following Intellectual Property Compliance Policy. If you or any user of the Web Site believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
Identification of the IP Rights claimed to have been infringed;
Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
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, agent, or by law; and
A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.

Designated Agent for Claimed Infringement:

Viva Creative (301) 670-9700

On notice, we will act expeditiously to review and if necessary to remove content on the Web Site that infringes the copyright rights of others and will disable the access to the Web Site and its services of anyone who uses them to infringe repeatedly the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.

6. DISCLAIMER AND LIMITATIONS OF LIABILITY.

THE WEB SITE AND ALL MATERIALS, AND PRODUCTS THEREON ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEB SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, Viva is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Web Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Web Site.

7. ADS AND MALWARE.

We take great care and pride in creating the Web Site. We are always on the lookout for technical glitches that effect how the Web Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the Web Site -- and that is totally beyond our control.

If you experience any unusual behavior, content or ads on the Web Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Web Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Web Site and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.

8. INTERNATIONAL USE.

Although the Web Site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with all local laws. Any offer for any product, service, and/or information made in connection with the Web Site is void where prohibited.

9. MISCELLANEOUS TERMS.

Without limitation, our Privacy Policy and any additional terms and conditions that apply to your use of any specific services, features and functions, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated herein by this reference, contains the entire understanding and agreement between you and Viva and supersedes any and all prior, inconsistent or other understandings relating to the Web Site and your use of the Web Site. This Agreement cannot be modified, changed or terminated by you, except as specifically described herein. We reserve the right in our sole and absolute discretion to modify this Agreement at any time.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement, which will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Web Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

This Agreement and your use of the Web Site shall be governed by, construed and enforced in accordance with the substantive laws of the State of Maryland, USA applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you expressly agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Maryland and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Viva has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE WEB SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.