Last Updated: December 17, 2014
Welcome to IVVI, an application that provides users with a robust platform that organizes and saves trending videos and allows users to create, exchange and share playlists in their personal profiles based on their moods, interests, or wishful mindsets (the “Service”).
In order to be able to review videos and create an account (an “IVVI Account”) on the Service, you will need to use a personal computer, laptop, tablet or smartphone that meets the system and compatibility requirements that we establish from time to time. By completing the registration process or by using the Service, you agree to accept the terms and conditions of this Agreement (the “Terms”).
The Service is designed for use by only those individuals who are at least 13 years of age. If you are not 18 years of age or older, please do not use the Service without the permission and supervision of your parent or legal guardian. If you are a parent or legal guardian and have authorized a minor to use the Service, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Service by the minor.
Your IVVI Account will be accessed by your email address and your password. You are solely responsible for maintaining the security of your email address and password and for all activity that occurs under your email address and password. For security reasons, you must keep your password confidential and not disclose it to any person or permit any other person to use it, except an authorized representative of IVVI.
You may use credentials from Twitter and Facebook (“Login Partner”) to access certain features of the Services. By using credentials from a Login Partner, you agree that you will not (i) use the credentials of another person with the intent to impersonate that person; or (ii) use credentials subject to the rights of any person without authorization. You are responsible for maintaining the confidentiality of your credentials from the Login Partner and are responsible for all activities (whether by you or by others) that occur under your credentials. You will notify IVVI immediately of any unauthorized use of your password or account or any other breach of security. IVVI assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party.
Using the Service does not give you ownership of any intellectual property rights in the Service or the content you access (“Content”). These Terms do not grant you the right to use any branding or logos used in the Service and you must not remove, obscure, or alter any legal notices displayed in or along with the Service.
You may use the Service to stream, browse, recommend and access Content for your mobile, computer or other supported device (“Device”).
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features (“Explicit Content”). Nevertheless, you agree to use the Service at your sole risk, and IVVI shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that IVVI does not guarantee their accuracy.
IVVI does not endorse or adopt any Content or any opinion, recommendation or advice expressed therein, and IVVI expressly disclaims any and all liability in connection with any Content.
The Service includes interactive channels that allow you to create, display, post, publish and submit content such as your user profile, playlists and comments, including text, graphics, images, photos, music, audio or video, in one or more non-exclusive channels or other methods through the Service (collectively, "User Content"). Your User Content is publicly viewable via the Service by other IVVI users as well as generally on the web. You should only make available User Content that you are comfortable sharing publicly.
By submitting or distributing User Content on or through the Service, You hereby grant to IVVI a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
You are solely responsible for your User Content and the consequences of sharing them. By sharing your User Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize IVVI to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section and in the manner contemplated by IVVI and these Terms; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) slander, defame, libel, harass or invade the right of privacy, publicity or other property rights of any other person; (3) any User Content containing Explicit Content will not be Shared with anyone below the age of 18 years of age; and, (4) your User Content do not contain any viruses, adware, spyware, worms, or other malicious code, and are not posted to websites known to house such things.
You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Service or Content. You agree to abide by the rules and policies established from time to time by IVVI and any third party applications. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Service, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.
The Service and any related software may enable you to obtain, listen to, send links to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your personal, noncommercial use. This Content may be owned by IVVI or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. You agree that you will not attempt to modify any software or Content obtained through the Service (other than as permitted by the Service) for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content. You represent, warrant and agree that you are using the Service hereunder for your own personal, noncommercial use. You agree not to copy, capture, redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Service, except as otherwise permitted in this Agreement.
Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service and Content are reserved and retained by IVVI and its licensors, and IVVI and its licensors do not transfer any right, title or interest in the Service or Content. You do not acquire any ownership rights in the Content as a result of utilizing the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.
The IVVI name and logo are trademarks of IVVI, and may not be copied, imitated or used, in whole or in part, without the prior written permission of IVVI, except in accordance with our brand guidelines, as published from time to time. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of IVVI, and may not be copied, imitated or used, in whole or in part, without prior written permission from IVVI.
IVVI will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating user accounts and access to the Service.
Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER IVVI NOR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, CONSULTANTS OR AGENTS (COLLECTIVELY, THE "IVVI PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO IVVI OR VIA THE SERVICE.
IN ADDITION, THE IVVI PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE IVVI PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE IVVI PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL.
BY ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE IVVI PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT OR USE OF THE SERVICE.
UNDER NO CIRCUMSTANCES WILL THE IVVI PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE IVVI PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE IVVI PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
IN NO EVENT WILL THE IVVI PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE IVVI PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIFTY CANADIAN DOLLARS ($50.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF IVVI 'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE IVVI PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE IVVI PARTIES.
YOU HEREBY RELEASE IVVI AND EACH OF THE IVVI PARTIES, FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DIRECT AND INDIRECT, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR CONTENT ACCESSED THROUGH IVVIAPP.COM, OR ANY INTERACTIONS WITH OTHERS ARISING OUT OF OR RELATED TO IVVIAPP.COM OR CONTENT ACCESSED THROUGH IVVIAPP.COM.
You agree to defend (at IVVI's request), indemnify and hold the IVVI Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your User Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasigovernmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by IVVI in the defence of any claim. IVVI reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of IVVI.
You agree that any claim you may have arising out of or related to your relationship with IVVI must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its provisions governing conflicts of law. Except for allegations that you have infringed or have threatened to infringe our intellectual property rights, you and we agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by on arbitrator in binding arbitration, to be held in Toronto, Ontario, Canada. The language of the arbitration shall be English. Judgment on the arbitration award may be entered in any court of competent jurisdiction. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and provincial courts in and for Toronto, Ontario, Canada.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your IVVI Account by logging into the Service and following the instructions provided therein. If we terminate your access to the Service or you deactivate your IVVI Account, your videos, photos, comments, likes, friendships, and all other data will no longer be accessible through your IVVI Account (e.g., users will not be able to navigate to your username and view your videos and photos), but those materials and data may persist and appear within the Service (e.g., if your User Content has been reshared by others). Upon termination of your IVVI Account, IVVI may remove all Content or User Content posted to your account. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.
We reserve the right, in our sole discretion, to change these Terms ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing User Content that we determine in our sole discretion violates these Terms.
There may be links from the Service, or from communications you receive from the Service, to third party web sites or features. There may also be links to third party web sites or features in images or comments within the Service. The Service also includes third party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third party web site or feature, including applications that connect the Service or your profile on the Service with a third party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your User Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third party service and you do so at your own risk. IVVI does not control any of these third party web services or any of their content. You expressly acknowledge and agree that IVVI is in no way responsible or liable for any such third party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third party service (each, a "Third Party Application") and such Third Party Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Third Party Applications, you acknowledge and agree to the following: (i) if you use a Third Party Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Third Party Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if IVVI has not itself provided such information; and (iii) your use of a Third Party Application is at your own option and risk, and you will hold the IVVI Parties (defined below) harmless for activity related to the Third Party Application.
You agree that you are responsible for all data, telecommunications and other charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with IVVI's express consent).
Except as expressly stated otherwise, all notices to IVVI shall be sent to firstname.lastname@example.org. Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notices shall be deemed given one business day after the email is sent.
Although IVVI endeavours to provide high quality uninterrupted the Service, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, IVVI reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by IVVI, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, IVVI encourages you to maintain your own backup of your User Content and you agree that you will not rely on the Service for the purposes of User Content or Content backup or storage. IVVI will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content or User Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure. IVVI assumes no liability or obligation to you with respect to any breach of security, hack, exploit or other similar attack that results in unauthorized third party access to IVVI confidential business information including customer account and profile information.
IVVI does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that IVVI is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
✔ YES, I WOULD LIKE TO RECEIVE EMAILS, TEXTS OR OTHER COMMUNICATION FROM IVVI ABOUT SPECIAL PROMOTIONS, OFFERS, AND PRODUCTS AND SERVICES THAT MAY BE OF INTEREST TO ME FROM IVVI AND ITS AFFILIATES AND MARKETING PARTNERS. I UNDERSTAND THAT I MAY UNSUBSCRIBE AT ANY TIME BY CONTACTING IVVI AT INFO@IVVIAPP.COM.