Vivit Worldwide Terms of Service, Privacy Policy, and Liability Disclaimer
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I. INTRODUCTION

This service, located at “www.vivit-worldwide.org” is a web site (“Site”) owned and operated by Vivit users group, a Colorado non-profit corporation. (Formed under the name of OpenView Forum, now doing business as Vivit). This site is intended to provide information that might be of interest to users. The contents of this Site, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are the copyrighted material of Vivit Trademark. All rights reserved. All Trademarks referred to are the property of their respective owners.

Your access to and use of the Site is subject to the following Terms of Service, Privacy Policy, Liability Disclaimer, all other sections of this document, and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service and acknowledge that other agreements between you and Vivit are superseded and are of no force or effect.


II. TERMS OF SERVICE:

  1. Use of the Site

    You should assume that everything you see or read on the Site is copyrighted and may not be used except as provided in these Terms of Service, the text on the Site or with the advance written permission of Vivit.

  2. Professional Services and Advice

    In accessing this service, no client, advisory, fiduciary, or professional relationship is implied or established and neither Vivit nor any other person is, in connection with this Site, engaged in rendering auditing, accounting, tax, legal, advisory, consulting, or other professional services or advice. Should you desire professional consulting services, Vivit will provide you with a service contract or service receipt.

  3. Content Ownership

    All Content submitted / posted to / on Vivit’s website(s) becomes the property of Vivit and you grant Vivit a royalty-free, perpetual right to use such Content.

  4. Amendments/Revisions

    Vivit may at any time revise these Terms of Service by updating this posting. You are bound by the most current Terms of Service every time you visit this Site, therefore you should periodically review these Terms of Service to which you are bound.

  5. Termination/Access Restriction

    Vivit reserves the right, in its sole discretion, to terminate your account(s) or access to any or all Vivit website(s) and the related services or any portion thereof at any time, without notice. Vivit may also terminate or suspend your account(s) or access to Vivit website(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Vivit.

    Vivit shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

  6. Choice of Law and Jurisdiction

    The contents of this Site are governed by the laws of the State of Colorado in the United States, and any claims arising directly or indirectly out of any materials contained on this Site are subject to these same laws.

  7. Compliance with Applicable Rules/Laws

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

III. USE OF CONTENT AND SERVICES

  1. General Information

    Vivit website(s) may contain information, data, text, software, products, music, sound, photographs, graphics, video, messages, services, or other materials (“Content”), as well as e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, file storage, and/or other message or communication facilities designed to enable you to access Content or communicate with others (collectively, “Services”). You agree to use the Services only to post, send, and receive Content that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when using a Service you will not:

    • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
    • Upload, post, submit, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
    • Use the Service in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
    • Defame, abuse, harass, stalk, or threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material, or information.
    • Publish, post, upload, distribute or disseminate any topic, name, material, or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion, or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
    • Upload, or otherwise make available, any Content, including but not limited to, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), unless you have received all necessary consents from the holders of such rights.
    • Use any material or information, including images or text, which is made available through the Vivit website(s) in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
    • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
    • Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    • Harvest or otherwise collect information about others, including e-mail addresses.
    • Violate intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, any regulations having the force of law.

  2. Content Responsibility

    You understand that all Content and information, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Vivit, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. Vivit does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Vivit be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.

  3. Pre-Screened Content

    You acknowledge that Vivit does not pre-screen content, but that Vivit and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Vivit and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Vivit or submitted to Vivit on the Vivit website(s).

  4. Required Preservation and Disclosure

    You acknowledge and agree that Vivit may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Vivit, its members, associates, website users, and the public.

IV. PRIVACY POLICY

  1. General Information

    The following privacy policy guidelines apply to the website www.vivit-worldwide.org (Site). Vivit respects your right to privacy. We invite you to visit our site to search or browse site without revealing who you are or registering with us. However, if you choose to give us personal information via the Internet that we may need, it is our intent to let you know how we will use such information. If you tell us that you do not wish to have this information used as a basis for further contact with you, we will endeavor to respect your wishes.

  2. Registration

    Registration is not required to gain access to the Site. However, there are sections of the web site which are accessible only to members of Vivit and do require registration as a member. Please see the “MEMBERSHIP INFO” section of the web site for further information on becoming a member of Vivit.

  3. Collection of IP addresses and the use of "Cookies"

    When you visit our Site, some information such as your Internet protocol address, Internet service provider, operating system, the Site from which you arrived, and the time and date of your visit may be collected automatically as part of the software operation of this Site. This intake of information is not personally identifiable. Vivit uses this information solely for internal marketing purposes, for example, to see what pages are most frequently visited to improve the Site. After it is used for internal marketing purposes, this information is discarded.

    We also collect information using a technology called "cookies." A cookie is a small file that a web site can send to your browser, which is then stored on your system by your browser. The use of cookie technology on this website is solely for internal purposes. If you are uncomfortable accepting cookies from our Site or any other, you can set your browser to notify you when a Site attempts to send you a cookie, giving you the opportunity to decide for yourself whether to accept the cookie. You can also set your browser to turn off cookies.

  4. Your Rights

    As a data subject, you have the following rights under the GDPR, which this policy and our use of personal data have been designed to uphold:
    The right to be informed about our collection and use of personal data; The right of access to the personal data we hold about you; The right to rectification if any personal data we hold about you is inaccurate or incomplete (please contact us using the details in section 15); The right to be forgotten – i.e. the right to ask us to delete any personal data We hold about you (please contact us using the details in section 15); The right to restrict (i.e. prevent) the processing of your personal data; The right to data portability (obtaining a copy of your personal data to re-use with another service or organization); The right to object to us using your personal data for particular purposes; and rights with respect to automated decision making and profiling.

  5. How Do We Use Your Data?

    Current and new EU Vivit members are given the option to agree that Vivit may collect and use their personal data, which they have provided. This data is used to inform our members of relevant membership information and anonymized reporting metrics, in accordance with Vivit’s Privacy Policy.

  6. Your Account

    When establishing a membership account with Vivit or requesting information from our website, you will be asked to submit a request with your contact information address. We may also ask you to provide use some technical, commercial, or other internet-based information. Providing such information is optional; however, the more we know about you, the better we can provide the products and services you want most and best service your business needs.

    We use your customer contact information to respond to your e-mail requests and to reach you if we need additional information to complete your product request. Any financial information collected is used only for billing products and services you purchase at Vivit. The Bylaws of Vivit require that we communicate with members via e-mail for certain topics, and you may not opt-out of these mailings while you are a member. Please see Section 15 (below) for further information on your choices regarding e-mail from Vivit We may also contact you about promotional or upcoming events, or to take part in on-line focus groups or surveys, although you are always given an opportunity to opt-out of subsequent related mailings.

  7. Your Personal Data

    Any time Vivit collects information that you voluntarily submit, it is Vivit’s intent to inform you of why this information is being requested and how it is going to be used. We may collect personal information from you including phone, electronic mail address, and other information you choose to provide at various times, for example, when you complete an online form or request. Vivit uses the personal information we collect online to process your requests, inform you of opportunities that we believe you might find interesting, and to understand your needs so that we can provide you with the highest quality of service. Vivit intends to protect and secure the personal information that you submit to this Site. Vivit will not sell, distribute, or give your personal information to any third party without your knowledge and consent. Vivit shall not be liable for any personal information that you submit to external vendors or to any web site linked to this Site.

  8. Transactional Information

    Vivit’s transactional information, such as traffic patterns, sales, aggregate data regarding general shopping patterns, and other site information may be shared with vendors and other reputable third parties. This data will never contain any identifiable personal information of Vivit’s guests. For example, we might share statistics on how many customers purchased a specific service, but we will not specifically disclose who purchased the product.

  9. Children's usage of the Site

    This Site is intended for adult use only. It is not intended for children, and we ask that minors not submit any personal information to us.

  10. Nature of Data on the Internet

    It is Vivit’s intent to guard any personal information that you submit to us, and Vivit will continue to take steps to maintain the security of this Site. However, as a corporation, the data we collect from you may be internationally distributed throughout Vivit and its subsidiaries and the open nature of the Internet is such that data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is intended. Therefore, in submitting personal information to the Site, you assume the risk of a third party obtaining that information.

  11. Required Disclosure

    Vivit discloses personal information when required by law or in the good faith belief that such action is necessary for the following reasons:
    • To conform to the edict of the law or comply with a legal process served on Vivit or its website;
    • To protect and defend the property rights of Vivit, its website, or that of its guests; or
    • To act under exigent circumstances to protect the personal safety of Vivit’s guests, employees, or the general public.

  12. Policies on Other Sites

    Vivit has no control over, not does it bear any of the responsibility for the privacy policies and/or content of any sites or advertisers linked to or presented on our website. Vivit also takes no responsibility for the “cookies” these sites or advertisers might deposit on your hard drive.

  13. Public Terms

    Vivit’s website may make chat rooms, forums, message boards, and/or news groups available to our users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose any personal or sensitive information.

  14. Your Consent

    By using the Vivit website, you consent to the collection, storage, and dissemination of personal data as described above. We will post any changes to our privacy policy on this page so you can readily review the most current policy. Vivit reserves the right to e-mail you regarding changes to our privacy policy or any other matters Vivit considers necessary for the administration of the site.

  15. Expunging Your Information from Our Records

    As noted above, the Bylaws of Vivit require that we communicate with members via e-mail for certain topics, and you may not opt-out of these mailings while you are a member.

    To discontinue any other, non-Bylaw-required, “opt-in” e-mail solicitation, please follow the instructions found in that email, send an email to:

    membership-support@vivit-worldwide.org, or use one of the alternate contact methods listed under “CONTACT INFORMATION” (below).

    To discontinue your membership and remove your contact information from our database (provided we have completed all your pending transactions), please send an e-mail to: membership-support@vivit-worldwide.org. Please note, however, that information is never completely removed from our history and disaster recovery archives. We also need to retain sales information for tax records.

V. LIABILITY DISCLAIMER

  1. General Information

    The information, software, products, and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically made to the Services and to the Content therein. Vivit may make improvements and/or changes in the Services at any time. Content received via the Vivit website(s) is provided for information purposes alone and does not substitute for specific advice in computer maintenance, personal, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.

  2. No Implied Warranties

    Vivit makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the Content for any purpose. All such Content is provided "as is" without warranty of any kind. Vivit hereby disclaims all warranties and conditions with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

  3. Unauthorized Access/Alteration

    You specifically agree that Vivit shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through Vivit website(s). You specifically agree that Vivit is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Vivit is not responsible for any content sent using and/or included in Vivit website(s) by any third party.

    In no event shall Vivit be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss by use of data or profits, arising out of or in any way connected with the use or performance of the Vivit website(s), with the delay or inability to use the Vivit website(s) or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Vivit website(s), or otherwise arising out of the use of Vivit website(s), whether based on contract, negligence, strict liability or otherwise, even if Vivit website(s) has been advised of the possibility of damages.

    Because some states or jurisdictions do not allow-the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Vivit website(s), or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Vivit website(s).

  4. Damage Limitations

    Your correspondence or business dealings with, or participation in promotions of, advertisers or other users found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Vivit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  5. Third-Party Contacts

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Vivit has no control over such sites and resources, you acknowledge and agree that Vivit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Vivit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

VI. NO SPAM; DAMAGES

Vivit will immediately terminate any access which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay Vivit liquidated damages of $5 for each piece of spam or unsolicited email transmitted from or otherwise connected with your account or access to the Vivit website(s), otherwise you agree to pay Vivit’s actual damages, to the extent such actual damages can be reasonably calculated. You further agree to reimburse Vivit for all fees incurred related to recovering liquidated or actual damages in connection with any spam or other unsolicited email transmitted from or otherwise connected to your account or access to Vivit website(s).

VII. OPENVIEW FORUM’S RIGHTS

  1. Restricted Use

    Content on the Vivit website(s) may be downloaded provided the material is kept intact and there is no violation of the copyrights, trademarks, and other proprietary rights. Any alteration of the material or use of the material contained in the site for any other purpose is a violation of the copyright of Vivit and / or its members, associates or of its third-party information providers. This material cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from the copyright owners.

  2. Reproduction/Translation

    Reproduction or translation of any portion of the Vivit website(s), or any use other than for educational or other non-commercial purposes, requires explicit, prior authorization in writing from Vivit or the concerned organizations.

  3. Proprietary and Confidential Information

    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Vivit or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

  4. Right to Modify

    Vivit reserves the right to make modifications and alterations in the information contained on the Vivit website(s) without notice.

    From time to time Vivit may supplement these terms of use with additional terms pertaining to specific content (additional terms). Such additional terms are hereby incorporated by reference into these Terms of Service.

VIII. CONTACT INFORMATION:

If you have questions or concerns regarding the Vivit website: please contact us by sending an e-mail to: contact-us@vivit-worldwide.org.

For other inquiries, including:
  • this document
  • becoming a member of Vivit;
  • changing your membership status;
  • notifying us of updates to any of your personal membership account information;
  • discontinuing your membership in Vivit and removing your contact information from our database;
please provide the updated information via the on-line profile update or contact us by sending an e-mail to: membership-support@vivit-worldwide.org.

You may also contact us by United States Mail:
Vivit
P.O. Box 18510
Boulder, CO 80308
USA

Contact Us

Vivit Worldwide
P.O. Box 18510
Boulder, CO 80308

Email: contact-us@vivit-worldwide.org

Mission

Vivit's mission is to serve
the Micro Focus User
Community through
Advocacy, Community,
and Education.