Vyve Terms and Conditions of Use

 

We want you to know your rights and our rights before you use this Website and Application. Please take a few moments to read these Terms and Conditions of Use before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms and Conditions.

 

  1. ACCEPTANCE OF TERMS AND CONDITIONS

 

This page states the Terms and Conditions of Use  (“Terms and Conditions” or “Agreement”) under which you may use this Website and Application (collectively “App”).  Vyve, LLC and/or its affiliates (collectively “Vyve”) own all rights to this App.  Vyve may update this posting and may modify these Terms and Conditions at any time, at its discretion and without notice. YOUR USE OF THIS APP IS SUBJECT TO THE TERMS AND CONDITIONS STIPULATED HEREIN. USAGE OF THIS APP SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.  BY ACCESSING, BROWSING OR OTHERWISE USING THIS APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

 

WE RESERVE ALL RIGHTS TO TAKE DOWN, AND TERMINATE YOUR USE OF THE APP AND ALL OTHER RIGHTS AT LAW, SHOULD YOU VIOLATE THESE TERMS AND CONDITIONS.

 

 

This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the App. This Agreement applies if you purchase or accept additional features, products or services we offer on the App, such as features, billing, free trials, discounts and promotions.

 

  1. PRIVACY

 

These Terms and Conditions include Vyve’s Privacy Policy which is incorporated herein by reference and therefore, also governs your visit to and use of the App.

 

  1. SAFETY AND SECURITY

 

Your safety and security are very important to us. The nature of this App promotes the sharing of personal information by users with other users. Vyve cannot and does not assure that it is safe for you to have direct contact with other users of this App. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person’s home solely using that person’s correct name. If you believe that any user of this App is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via email(help@letsvyve.com) so that we may take appropriate action to block further use of the App by any user who is using this App and information obtained from it for improper purposes.

 

  1. TERMS AND CONDITIONS CAN CHANGE

 

Vyve reserves the right, in its sole discretion, without any obligation and without any notice to change, improve or correct the information, materials and descriptions on this Agreement and the App.  Vyve reserves the right to suspend and/or deny access to the App for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the App may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Vyve does not undertake any obligation or responsibility to update or amend any such information. Vyve may discontinue or change any product or service described in or offered on this App at any time. 

 

  1. ELIIGIBILITY

 

No part of the App is directed to persons under the age of 18. You must be at least 18 years of age to access and use the App. Any use of the App is void where prohibited. By accessing and using the App, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the App may be prohibited or restricted in certain countries. If you use the App from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.

 

  1. TERM AND TERMINATION

 

            This Agreement will remain in full force and effect while you use the App and/or have an account with Vyve. Vyve may terminate or suspend your account at any time without notice if Vyve believes that you have breached this Agreement, or for any other reason, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees. Vyve is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.  After your account is terminated, this Agreement will terminate, except as required herein.

 

 

 

  1. VYVE GENERAL RULES

 

Before you can use the App, you will need to register for an account ("Account"). In order to create an Account you must:

 

  1. have a Facebook account;

  2. be at least 18 years old;

  3. be legally permitted to use the App by the laws of your home country;

  4. create only one unique profile; and

  5. your use must be for bona fide relationship-seeking purposes.

 

You may not:

 

  1. use another person's Account;

  2. “stalk” or otherwise harass any person;

  3. impersonate any person or entity;

  4. solicit money from any users;

  5. use or participate in any communication that involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);

  6. Harassannoy, intimidate or threaten any Vyve employees or agents engaged in providing any services to you;

  7. provide inaccurate, misleading or false information to Vyve or to any other user. If information provided to Vyve or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Vyve of such change;

  8. collect or solicit personal information about anyone under 18; and

  9. solicit gambling or engaging in any gambling or similar activity.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT VYVE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. VYVE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. VYVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

  1. TERMINATION OF ACCOUNT

 

If, at any time, you want to leave Vyve, you can delete your Account by going to the 'Settings' page when you are logged in and clicking on the 'Delete account' link. Your Account will be deleted immediately but it takes a least three (3) business days for Your Content to be completely removed. We will save your profile information for 30 days in case you change your mind and want to restore your Account. Vyve reserves the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including and without limitation blocking specific IP addresses), at any time without liability and without prior notice.

 

You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.

 

  1. ACCOUNT SECURITY

 

You are responsible for maintaining the confidentiality of the Facebook login that you use during the registration process, and you are solely responsible for all activities that occur under your Facebook login. You agree to immediately notify Vyve at help@letsvyve.com regarding any breach of any disclosure or unauthorized use of your Facebook login or any of security.

 

  1. TYPES OF CONTENT

 

There are three types of content that you will be able to access on the App:

 

  1. content that you upload and provide ("Your Content");

  2. content that members provide ("Member Content"); and

  3. content that Vyve provides ("Our Content").

 

There is certain content we restrict and will, upon notice, take down.  We will use our sole discretion to remove information that:

 

  • contains offensive language or is likely to harass, upset, embarrass, alarm or annoy any other person;

  • is obscene, pornographic or otherwise may offend human dignity;

  • is abusive, insulting or threatening;

  • promotes or encourages racism, sexism, hatred or bigotry;

  • encourages any illegal activity including, without limitation, terrorism, promotes racial hatred or constitutes a crime;

  • is defamatory or libelous;

  • relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites);

  • involves the transmission of "junk" mail or "spam";

  • contains any spy ware, adware, viruses, corrupt files, worms or other malicious code designed to interrupt, damage or interfere with the functionality of any software, hardware, networks, servers or other equipment, or any other material designed to steal, damage or interfere with any data or personal information;

  • infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);

  • shows another person without that person’s consent; or

  • Incorporates the image or likeness of any individual under 18 years of age.

 

Your Content

 

As Your Content is unique, you are responsible and liable for Your Content and will indemnify, release and hold Vyve harmless from any claims made in connection with Your Content.

By posting Your Content as part of the App, you automatically grant to Vyve, its affiliates, licensees and successors, a non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute Your Content, (ii) prepare derivative works of Your Content or incorporate Your Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of Your Content by the Vyve will not infringe or violate the rights of any third party.

 

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, social security numbers, home addresses or telephone numbers, email addresses, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself or anyone else, you understand you do so at your own risk. As Vyve is a public community, Your Content will be visible to other users of the App all around the world immediately upon posting.  By uploading Your Content on Vyve, you represent to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way including, without limitation, editing, copying, modifying, adapting, translating, reformatting, advertising, distributing and otherwise making available to the general public, in whole or in part.  We may assign and/or sub-license Your Content to our affiliates and successors without any further approval by you.

 

We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display Your Content.

 

            You understand and agree that Vyve may, but is not obligated to, monitor or review Your Content. Vyve may delete any of Your Content, in whole or in part, that in the sole judgment of Vyve may violate this Agreement or may harm the reputation of the App or Vyve.

 

Member Content

 

Other members of Vyve will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App.

 

You do not have any rights to Member Content, and you may only use the personal information of other Vyve Users as provided herein. You may only use Member Content for the purpose of meeting other members through the App. You may not use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you violate this clause.

 

Member Content may be subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998.  Should you have a reasonable belief that Member Content violates the copyright rights or other intellectual property rights of you or a third party, please see the Digital Millennium Copyright Act section below for more information.  If you have a complaint about Member Content, please contact us athelp@letsvyve.com

 

Our Content

 

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the App (“Our Content”) are owned, controlled or licensed by Vyve and are protected by copyright, trademark and other intellectual property rights. All right, title and interest in and to Our Content remains with Vyve at all times.

 

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

 

  1. you shall not use, sell, modify, or distribute Our Content except as permitted by these Terms and Conditions;

  2. you shall not use our name in metatags, keywords and/or hidden text;

  3. replicating any part of the App without our prior consent is expressly prohibited;

  4. you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and

  5. you shall use Our Content for lawful purposes only.

 

We reserve all rights to take down, and terminate your use of the App and all other rights at law, should you violate these Terms and Conditions.

 

  1.  THIRD PARTY INFORMATION

 

This App contains links to third party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Vyve of any information contained in any third party website. In no event shall Vyve be responsible for the information contained on any third party website or your use of or inability to use such website. Access to any third party website linked to this App is at your own risk. You should be aware that linked websites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this App. Vyve is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Framing, in-line linking or other methods of association with third party information is expressly prohibited without first obtaining our prior written approval from Vyve and the third party.

 

  1. NON-COMMERCIAL USE BY USERS

            The App is for personal use only. Users may not use the App or any content contained in the App (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, including but not limited to (i) advertising or soliciting any user to buy or sell any products or services not offered by Vyve or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the App may not use any information obtained from the App to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the App for any purpose except with Vyve’s express consent (such as for promoted profiles or other advertisements), which Vyve may provide or deny in its sole discretion. Vyve may investigate and take any available legal action in response to illegal and/or unauthorized uses of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.

  1. REPORTING

 

You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Report’ button.

 

  1. DISCLAIMER

 

THE APP, WEBSITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

 

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

 

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. VYVE   IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER/MEMBER.

 

NEITHER VYVE NOR ITS OWNERS WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, OME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

 

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.

 

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

 

  1. INDEMNITY

 

You agree to indemnify, defend, release, and hold Vyve, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

 

  1. any negligent acts, omissions or deliberate misconduct by you;

  2. your access to and use of the App;

  3. the uploading or submission of Content to the App by you;

  4. any breach of these Terms by you; and/or

  5. your violation of any law or of any rights of any third party.

 

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

 

Vyve has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:

 

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

  2. 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;

  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

  5. A statement that you have 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

  6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

 

Any DMCA Takedown Notices should be sent to: help@letsvyve.com.

 

  1. MISCELLANEOUS

 

Vyve does not give or make any warranty or representation of any kind about the information contained on Vyve, whether express or implied. Use of Vyve and the materials available on it is at your sole risk. Vyve cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.

 

You are responsible for taking all necessary precautions to ensure that any material you may obtain from Vyve is free of viruses or other harmful components. You accept that Vyve will not be provided uninterrupted or error free, that defects may not be corrected or that Vyve, or the server that makes it available, are free of viruses or bugs, spyware or any similar malicious software. Vyve is not responsible for any damage to your mobile device, computer hardware, computer software, or other equipment or technology including, but 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.

 

Your continued use of Vyve following any change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Vyve.

 

If, for any reason, any of these Terms and Conditions are declared illegal, invalid or otherwise unenforceable by a court, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions, and the remainder of the Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

 

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

 

 

You represent and warrant that:

 

  1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and

  2. you are not listed on any U.S. Government list of prohibited or restricted parties.

 

By using the App, you agree and acknowledge that Vyve is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Vyve, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

 

  1.  ASSIGNMENT

 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vyve without restriction.  You agree that your online account is non-transferable by you to a third party and all of your rights to your profile or contents within your account terminate upon your death.

 

  1.  JURISDICTION

 

Your access to the App, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of the State of New Jersey, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of New Jersey. By using the App, you are consenting to the exclusive jurisdiction of the courts of the United States and the State of New Jersey. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. In the event there is a discrepancy between this English language version and any translated copies of these Terms and Conditions, the English version shall prevail.

  1. ENTIRE AGREEMENT; OTHER

            This Agreement, with the Privacy Policy and any other specific guidelines or rules that are separately posted for particular services or offers in the App, contains the entire agreement between you and Vyve regarding the use of the App. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Vyve in any manner.

 

The Terms were last updated on:  February, 2017.

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