Terms of Service

 

 

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the autoviva Services. By using the autoviva Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the autoviva Website) or you are a "Member" (which means that you have registered with autoviva.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the autoviva Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the autoviva Website and discontinue use of the autoviva Services immediately. If you wish to become a Member, communicate with other Members and make use of the autoviva Services, you must read this Agreement and indicate your acceptance during the Registration process.

 

This Agreement includes autoviva.com's policy for acceptable use of the autoviva Services and Content posted on the autoviva Website, your rights, obligations and restrictions regarding your use of the autoviva Services and autoviva.com's Privacy Policy. If you wish to receive a copy of this Agreement please contact us putting Terms of Use Agreement on the Subject tab.

 

autoviva.com may modify this Agreement from time to time and such modification shall be effective upon posting by autoviva.com on the autoviva Website. You agree to be bound to any changes to this Agreement when you use the autoviva Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

 

Please choose carefully the information you post on autoviva.com and that you provide to other Users. Your autoviva.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other autoviva.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and autoviva.com assumes no responsibility or liability for this material. If you become aware of misuse of the autoviva Services by any person, please contact autoviva or click on the "Report Inappropriate Content" link at the bottom of any autoviva.com page.

 

autoviva.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the autoviva Services at any time, for any or no reason, with or without prior notice, and without liability.

 

1. Eligibility. Use of and Membership in the autoviva Services is void where prohibited. By using the autoviva Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the autoviva Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

 

2. Term. This Agreement shall remain in full force and effect while you use the autoviva Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. autoviva.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

  

3. Fees. You acknowledge that autoviva.com reserves the right to charge for certain autoviva Services, where indicated, and to change its fees from time to time in its discretion. If autoviva.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription or service related fees.

 

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify autoviva.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

 

5. Non-commercial Use by Members. The autoviva Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by autoviva.com. Illegal and/or unauthorized use of the autoviva Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the autoviva Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the autoviva Services.

 

6. CONTENT POSTED ON THE SERVICES. You understand and agree that autoviva may (but is not obligated to) review any classified ads, content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively refered to as "Content") that is uploaded, published or displayed on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of autoviva violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Services provided in this website, you automatically grant, and you represent and warrant that you have the right to grant, to autoviva an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Website ("Prohibited Content"). autoviva reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.

Prohibited Content includes Content that:

              (a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

              (b) harasses or advocates harassment of another person;

              (c) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";

              (d) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;

              (e) promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;

              (f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

              (g) displays pornographic or sexually explicit material of any kind and in any form;

              (h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

              (i) provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

              (j) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;

 

  

7. Content/Activity Prohibited. The following is a partial list of the kind of activity that is illegal or prohibited on the autoviva Website and through your use of the autoviva Services. autoviva.com reserves the right to investigate and take appropriate legal action against anyone who, in autoviva.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

         1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

         2. advertising to, or solicitation of, any Member to buy or sell any products or services through the autoviva Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the autoviva Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, autoviva.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which autoviva.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the autoviva Services, you acknowledge that you will have caused substantial harm to autoviva.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay autoviva.com $50 for each such unsolicited email or other unsolicited communication you send through the autoviva Services;

         3. any automated use of the system, such as using scripts to add friends or send comments or messages;

         4. interfering with, disrupting, or creating an undue burden on the autoviva Services or the networks or services connected to the autoviva Services;

         5. attempting to impersonate another Member or person;

         6. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

         7. selling or otherwise transferring your profile;

         8. using any information obtained from the autoviva Services in order to harass, abuse, or harm another person;

         9. using the autoviva Services in a manner inconsistent with any and all applicable laws and regulations.

 

 

8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of autoviva.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to autoviva.com by the copyright owner or the copyright owner's legal agent.

 

9. Member Disputes. You are solely responsible for your interactions with other autoviva.com Members. autoviva.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

 

10. Privacy. Use of the autoviva Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

 

11. Disclaimers. autoviva.com is not responsible for any incorrect or inaccurate Content posted on the autoviva Website or in connection with the autoviva Services, whether caused by Users of the autoviva Services or by any of the equipment or programming associated with or utilized in the autoviva Services. Profiles created and posted by Members on the autoviva Website may contain links to other websites. autoviva.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by autoviva.com. Inclusion of any linked website on the autoviva Services does not imply approval or endorsement of the linked website by autoviva.com. When you access these third-party sites, you do so at your own risk. autoviva.com takes no responsibility for third party advertisements which are posted on this autoviva Website or through the autoviva Services, nor does it take any responsibility for the goods or services provided by its advertisers. autoviva.com is not responsible for the conduct, whether online or offline, of any User of the autoviva Services. autoviva.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. autoviva.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the autoviva Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the autoviva Services. 

 

12. Limitation on Liability. IN NO EVENT SHALL autoviva.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF autoviva.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, autoviva.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO autoviva.COM FOR THE autoviva SERVICES DURING THE TERM OF MEMBERSHIP.

 

13. Other. This Agreement is accepted upon your use of the autoviva Website or any of the autoviva Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and autoviva.com regarding the use of the autoviva Services. The failure of autoviva.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. autoviva.com is a trademark of autoviva, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

Contact autoviva with If you have any questions regarding this Agreement please contact us.