VIVA PRIVACY POLICY
Viva Channel Inc., (“VIVA”) respects your
privacy and believes the best way to serve you on the Internet is with honesty,
accountability and adherence to legal standards. We are sensitive to the issue
of privacy and have structured our online activities to maximize your control
over the disclosure of your own personally identifiable information. This
website (the "Site") is for information purposes only and the Terms of Use and
Privacy Policy relate specifically to this Site and do not apply to websites
operated by other Corus Entertainment companies, or other third parties, each of
which has its own terms of use and privacy policies. Please read the respective
sites' terms and policies when accessing those sites. This Privacy Policy
Statement supplements our general Terms of Use, which you must also read. By
using our Site you agree to be bound by the terms of this Privacy Policy and by
the Terms of Use. We may change this Privacy Policy at any time by posting
revisions to the Site, and your continued use of the Site indicates your
agreement to the revised terms. Accordingly, you should check the terms and
conditions of this Privacy Policy from time to time to keep informed of such
amendments, and, if you do not agree to the terms of this or any revised policy,
please exit the Site immediately.
WHAT INFORMATION IS COLLECTED?
VIVA may collect two types of
information: personally identifiable information and aggregated non-personally
identifiable information. Personally Identifiable Information will include
information such as your name, user name, address, postal code, telephone
number, email address, age, marital status, income level, education level,
intentions, preferences and opinions. VIVA does not collect personally
identifiable information about an individual except when individuals provide
such specific information on a voluntary basis. Aggregated information will
include information that is anonymous such as the type of browser you are using
or other such non-personally identifiable information.
WHY IS THE INFORMATION COLLECTED?
VIVA may collect your
personal information in order to enable VIVA to make general improvements to the
Site, ensure that content standards of the Site are rigorously upheld, enable us
to contact you and better serve your specific interests. We may also request you
to voluntarily provide personal information that is not required to access
features of our Site. VIVA may transparently collect non-personally identifiable
aggregate information through the use of cookies or by other means. We use this
information to assess general usage patterns, including identifying repeat
users, collect demographic information, administer and make improvements to the
Site to tailor our visitor's experiences at the Site and display content
according to their preferences so as to make it more useful to you and other
users. VIVA, its parent company and its subsidiary and holding companies and
such other third party as we may designate reserve the right to use, maintain,
update, disclose and/or sell Aggregate Information to third parties.
WHAT WE WILL AND WILL NOT DO WITH THE INFORMATION YOU
PROVIDE
VIVA uses information generally to compile statistical data, keep
in contact with users, improve the content of our Site and provide them with a
better interactive experience. VIVA may use your information specifically for
the following purposes: (i) to notify visitors about updates to our Site; (ii)
to identify our visitors' preferences; (iii) to keep you informed about product
and services (both ours and third parties') in which you have expressed an
interest; (iv) to enter your name into our contests if you subscribe to our
e-newsletter; (v) to complete business transactions; (v) to contact you as part
of a promotion; (vii) to manage your personal profile (viii) to meet legal
requirements; (ix) to provide Internet security; and/or (x) to analyze the
collected information. If you have entered and won one of VIVA's contests, VIVA
and/or its sponsors may publish your name and city of residence. In the event
that we sell a substantial portion of our business assets, our customer
information may be among the transferred assets. In such event, the purchaser
will inherit the confidentiality obligations posted herein. VIVA works closely
with a number of parties who may perform functions on our behalf, including
fulfilling orders, providing music streaming services or other third party
content, providing promotional materials to our users, sending e-mail, managing,
compiling and processing data, processing credit card payments or providing
customer service. We do not disclose your personally identifiable information to
these parties except to the extent necessary to enable them to provide the
specific services to you. Other than for the specific purposes set forth in this
Privacy Policy Statement, we will not disclose your personal information to any
third parties unless we obtain your prior consent or are legally compelled to do
so. In addition, we will not contact you without your permission except as
specified above or in connection with the registration process. On the Site, you
will be given the opportunity to indicate whether you would like to receive
emails, promotional and/or marketing information about other products, services
and offerings from VIVA and/or any third parties or other information from VIVA.
You will always have the opportunity to opt-out of any feature that you have
opted into on our Site. If you have questions about how your personal
information is used, please contact us at membership@myviva.ca.
COOKIES
When you visit the Site we may store or recognize some
information on your computer in the form of a "cookie" or similar file.
"Cookies" are small text files that identify an individual computer's browser
entering the Site. They do not pose a security threat to you. No personal
information is stored within the cookies. For example, cookies allow us to track
a browser's movement through the Site over several sessions. Through cookies,
the Site can recognize repeat visitors, facilitate the visitor's access to and
use of the Site and allows the Site to track usage behaviour that will allow
content improvement and enable us to tailor our Site to better match your
interests and preferences. If you do not want cookies placed on your computer,
you can from erase cookies your computer hard drive, block all cookies or
receive a warning before a cookie is stored. Most Internet browsers or other
software will allow you to do this. Please refer to your browser instructions or
help screen to learn more about these functions. If you reject cookies,
functionality of the Site may be severely limited, and you may not be able to
take advantage of many of the Site's best features.
LINKING TO OTHER CORUS AND THIRD PARTY CONTENT/WEBSITES
The Site
may provide on-line media streaming and other third party content. We are not
responsible for any such third party content or music that you may access
through the Site. The Site also contains links from and to sites operated by
other Corus companies and other independent third parties. Once you leave the
Site, you may or may not see a new URL in the location bar. Please review the
linked site's and third party content provider's privacy policies, and if you do
not agree to be bound by the terms of the policies governing that provider/site,
terminate your use of that service or your visit to the site. The linked sites
are not under our influence or control, and we are not responsible for the
privacy policies and practices or the content of the linked sites (which have
their own terms of use and privacy policies) or contents of any subsequent links
from that site.
HOW SECURE IS YOUR INFORMATION
Any unauthorized use of the Site may
result in criminal and/or civil prosecution. We have policies and procedures in
place to protect the privacy and confidentiality of your information that we
collect and maintain, including contracts with third parties that may manage the
information provided by you. All personal information is stored on secured
servers, behind a firewall at a data centre with access to data strictly
controlled. Only individuals specifically involved in the analysis and other
functions set out herein have access to your personally identifiable
information. These individuals have been provided the requisite training on our
privacy policies and practices.
TERMINATION
Without limiting the foregoing, VIVA shall have the
right to immediately terminate your access to this Site in the event of any
conduct by you which we, in our sole discretion, considers to be unacceptable,
or in the event of any breach by you of any of these Terms of Use and/or this
Privacy Policy.
UPDATING/DELETING YOUR INFORMATION
VIVA enables our users to
update/correct personal information previously submitted which the user states
is erroneous to the extent such activities will not compromise privacy or
security interests. To update or delete your information, please contact us.
Please note that it may be impossible to delete a user's entry totally without
some residual information because of backups and records of deletions.
VIVA HAS THE RIGHT (BUT NOT THE OBLIGATION) TO REMOVE ANY AND ALL
INFORMATION UPLOADED TO THE SITE, IN ITS SOLE DISCRETION.
QUESTIONS/CONCERNS?
Any questions, comments or requests concerning
privacy procedures at our Site can be directed to:
Website Privacy
VIVA Channel Inc.
25 Dockside Drive
Toronto, ON
M5A0B5
Or email: membership@myviva.ca
Please make any communications as complete and descriptive as possible and
we will attempt to respond promptly to your concerns.
TERMS OF USE
By using the VIVA CHANNEL INC., (“VIVA”) website
(the "Site"), you agree to be bound by all terms, conditions and notices
contained or referenced herein (the "Terms of Use") and the Privacy Policy
Statement ("Privacy Policy"). This Site is for information purposes only and the
Terms of Use and Privacy Policy relate specifically to this Site only and do not
apply to websites operated by other Corus Entertainment companies, each of which
has its own terms of use and privacy policies. Please read the respective sites'
terms and policies when accessing those sites. We reserve the right to change or
discontinue any feature of the Site, including but not limited to the Terms of
Use, at any time, by posting revisions onto the Site. You agree to be deemed
apprised and bound by any changes to these Terms and Conditions and your
continued use of the Site indicates your agreement to the revised terms. You
also agree to review this information from time to time as may be required to
keep informed of any revisions to the Terms and Conditions. If you do not agree
to the terms of this or any revised policy, please exit the Site immediately.
RESTRICTIONS ON USE OF MATERIALS
The Site contains material which
is protected, nationally and internationally, by copyright and trademark laws.
No material (including without limitation the text, images, audio and/or video)
from http://www.myviva.ca or any site owned,
operated, licensed or controlled by us and/or by our affiliates and no software
(including without limitation any images or files incorporated in or generated
by the software or data accompanying such software) (the "Materials") may be
copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or
distributed in any way or decompiled, reverse engineered or disassembled, except
that you may download one copy of only such Materials which is expressly so
designated, and in such event, only on any single computer for your personal,
non-commercial home use only, provided you keep intact any and all copyright and
other proprietary notices. Modification of the Materials or use of the Materials
for any other purpose is a violation of our and/or one or more third party's
copyright, trademark and/or other proprietary rights. The use of any such
Materials on any other website or networked computer environment is prohibited
without our express written consent.
If you download software from the Site,
the software, including any files and/or images incorporated in or generated by
the software, and data accompanying the software (collectively, the "Software")
are licensed to you by us. We do not transfer title to the Software to you. You
own the medium on which the Software is recorded, but we retain full and
complete title to the Software, and all intellectual property rights therein.
You may not re-sell, decompile, reverse engineer, disassemble or otherwise
reduce the Software to a human-perceivable form. Use of this Material on any
other web site or other networked computer environment is prohibited. To notify
VIVA of a copyright infringement, please contact us at membership@myviva.ca.
SUBMISSIONS
We are pleased to hear from our loyal fans and welcome
your comments regarding our products, including our on-line services. Our
long-standing company policy, however does not allow us to accept or consider
unsolicited creative ideas, suggestions or materials. We hope you will
understand that it is the intent of this policy to avoid the possibility of
future misunderstandings when projects developed by our professional staff might
seem to others to be similar to their own creative work. Accordingly, we ask
that you do not send us and we will not accept, consider or review any original
creative materials such as songs, stories or character ideas, screenplays, or
original artwork. While we do value your feedback on our services and products,
we request that you be specific in your comments on those services and products,
and not submit any creative ideas, suggestions or materials.
If, despite our
request that you not send us any creative materials, you send us creative
suggestions, ideas, notes, drawings, songs, concepts or other information or if
you transmit to the Site by electronic mail or otherwise, communications
including any data, questions, comments, suggestions, or the like (collectively,
the "Information"), then by such action you have waived any and all proprietary
rights which you may have in such materials. None of the Information shall be
subject to any obligation of confidentiality on our part and we shall not be
liable for any use or disclosure of any Information. Without limitation of the
foregoing, we shall exclusively own all now known or hereafter existing rights
to the Information of every kind and nature throughout the universe, shall be
entitled to unrestricted use of the Information for any purpose whatsoever,
commercial or otherwise, and we shall not owe any compensation to any third
party.
NO PERSONAL ADVICE
The information contained in or made available
through the VIVA Sites (including but not limited to information contained on
message boards, in text files, or in chats) cannot replace or substitute for the
services of trained professionals in any field, including, but not limited to,
financial, medical, or legal matters. In particular, you should regularly
consult a doctor in all matters relating to physical or mental health,
particularly concerning any symptoms that may require diagnosis or medical
attention. Neither VIVA nor any of its affiliated companies nor any of its or
their respective licensors or suppliers make representations or warranties
concerning any treatment, action, or application of medication or preparation by
any person following the information offered or provided within or through the
VIVA Sites. Neither we nor our partners, or any of their affiliates, will be
liable for any direct, indirect, consequential, special, exemplary or other
damages that may result, including but not limited to economic loss, injury,
illness or death.
PARENTAL PERMISSION
Some of the information available on the VIVA
Sites concerns the topic of sex and may not be appropriate for children.
Further, the VIVA Sites are not directed to children under the age of 18 and
VIVA will not knowingly collect personally identifiable information from
children under 18. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR
CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR
BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR
CHILDREN HAVE ACCESS. VIVA may, at its discretion, require users under 18 to
obtain the consent of a parent or guardian to view certain content, and VIVA may
limit access to certain content to users above a specified age. You agree to
comply with any such restrictions, and not to help anyone avoid these
restrictions.
BULLETIN BOARDS
The Site may include bulletin boards and chat rooms
("Bulletin Boards") which allow feedback to us and real-time interaction between
users. We do not control the messages, information or files delivered to
Bulletin Boards, unless otherwise noted therein, and we have no obligation to
monitor such Bulletin Boards. Use of Bulletin Boards is entirely at your own
risk. However, we reserve the right at all times to disclose any information
arising out of or relating to transmissions through Bulletin Boards including
without limitation as necessary to satisfy any law, regulation or governmental
request, and further reserve the right to edit, refuse to post or to remove any
information or materials, in whole or in part, that in our sole discretion are
objectionable or in violation of these Terms and Conditions. You should assume
that Bulletin Board communications are not confidential.
It is a condition of your use of the Bulletin Boards and this Site that
you do not:
Restrict or inhibit any other users from using and enjoying the
Bulletin Boards; Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information of
any kind, including without limitation any transmission constituting or
encouraging conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any local, provincial, national or foreign law;
Post or transmit any information, software or other material which violates or
infringes upon the rights of others, including material which is an invasion of
privacy or publicity rights or which is protected by copyright, trademark or
other proprietary right or derivative works with respect thereto, without first
obtaining permission from the owner or right holder; Post or transmit any
information, software or other material which contains a virus or other harmful
component; Post, or transmit or in any way exploit any information, software or
other material for commercial purposes or which contains advertising, promotion
or marketing. VIVA reserves the right to delete any postings deemed inconsistent
with its policies.
If you are aware of any such material posted on VIVA Site, please contact us
at membership@myviva.ca. Please
provide as much detail as possible, including a copy of the underlying material,
the location where VIVA may find it, the reason(s) such postings should be
removed and a statement, signed under penalty of perjury, certifying the
accuracy of the information you provide to us.
VIVA HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY AND ALL
INFORMATION TO UPLOADED TO THE SITE, IN ITS SOLE DISCRETION.
MEMBER CONDUCT
The Site has many features available for members to
enjoy such as interactive forums, contest, surveys, games and the ability for
members to create their own personal profile in where they can publish
information such as their interests, photos, recipes etc.
You understand that all materials, including without limitation, information,
data, text, photographs, graphics, video, and email messages or other kinds of
messages ("Member Content"), whether publicly posted or privately transmitted,
are the sole responsibility of member from whom such Member Content
originated.
You are entirely responsible for all Member Content that you upload, publish,
post, email, transmit, or otherwise make available on the Site.
You understand that by accessing the Site that you will be viewing Member
Content of other members. You further understand that VIVA will not be liable in
any way for any such Member Content, including, but not limited to, for any
errors or omissions in any such Member Content available on the Site.
You understand that VIVA has the right (but not the obligation) to remove any
Member content that is posted on the Site.
By using the Site you agree not to:
• Publish, upload, post, email, or otherwise make available any content that
is harmful, threatening, abusive, stalking, harassing, torturous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, racially,
ethnically or otherwise objectionable or generally unlawful;
• Publish,
upload, post, email, transmit, or otherwise make available any content about
other Members, Site users or third parties in connection with stalking,
threatening, harming, abusing, harassing, defaming or otherwise
objectionable;
• Collect or store any data about other users or third parties
without their express written consent;
• Publish, upload, post, email,
transmit or otherwise make available any content that you do not have a right to
make available under any law or under contract;
• Publish, upload, post,
email, transmit or otherwise make available any content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any
party; or
• Publish, upload, post, email, transmit or otherwise make
available any illegal solicitation, unsolicited or unauthorized advertising,
promotional materials, junk mail or spam.
You acknowledge that VIVA does
not pre-screen Content, but that VIVA and its designees have the right (but not
the obligation) in their sole discretion to refuse or remove any content and or
Member Content on the Site and has the right to remove any content/Member
Content that violates these Terms of Use.
You agree to indemnify and hold VIVA, it parent, related and affiliated
companies, their respective directors, officers, employees, agents, and
licensors harmless from any claim or demand, including reasonable legal fees,
made by any third party due to or arising out of Member Content you publish,
post, transmit or make available through the Site and/or your violation of these
Terms of Use, or your violation of any rights of another third party.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in
the Site are presented solely for the promotion of programs, films and other
products available in Canada, its provinces, territories, possessions and
protectorates. We control and operate this Site from our offices within the
Province of Ontario in the Country of Canada. We make no representation that
materials in the Site are appropriate or available for use in other locations.
Those who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. Software from this Site is further subject to
Canadian export controls.
TERMINATION
This agreement is effective until terminated by either
party. You may terminate this agreement at any time by destroying all materials
obtained from any and all of our Sites and all related documentation and all
copies and installations thereof, whether made under the terms of this agreement
or otherwise. This agreement will terminate immediately without notice from us
if, in our sole discretion, you fail to comply with any term or provision of
this agreement. Upon termination, you must destroy all materials obtained from
this Site and any and all of our other sites and all copies thereof, whether
made under the terms of this agreement or otherwise.
DISCLAIMER
Your use and browsing of the Site is at your risk. If
you are dissatisfied with any of the Materials contained in the Site, or with
any of these Terms and Conditions, your sole and exclusive remedy is to
discontinue accessing and using the Site.
We do not warrant that the functions contained in the Materials will be
uninterrupted or error-free, and/or that defects will be corrected. We do not
warrant or make any representations regarding the use or the results of the use
of the materials in this Site in terms of their correctness, accuracy,
reliability, or otherwise. You (and not us) assume the entire cost of all
necessary servicing, repair or correction. Certain of the disclaimers/limitation
herein may be superseded by applicable local law.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND/OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE ARE NOT
LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES
ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. BY USING THIS SITE AND/OR
POSTING MATERIAL, YOU AGREE TO INDEMNIFY VIVA, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES,
LOSSES AND CAUSES OF ACTION ARISING OUT OF YOUR BREACH OF THE FOREGOING
AGREEMENT. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO
YOU "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that we and/or our affiliates are not
liable for any defamatory, offensive or illegal conduct of any user. We also
assume no responsibility, and shall not be liable for any damages to, or viruses
or other harmful components that may infect, your computer equipment or other
property on account of your access to, use of, or browsing in the Site
(including any Bulletin Board) or the server that makes it available, or your
downloading of any Materials from the Site.
We will have the right at any
time to change or discontinue any aspect or feature of the Site, including
without limitation content, hours of availability, and equipment required for
access or use.
We do not warrant or make any representations of any kind or
nature with respect to the Materials. Therefore, you are responsible for
compliance with local laws, if and to the extent local laws are applicable.
LINKS TO THIRD PARTY SITES AND SERVICES
The VIVA site may contain
links to and from sites operated by third parties. VIVA makes no
representations whatsoever about any third party content that you may access
from the Site or about any website from which you may access the Site and/or
which may be linked to this Site. We provide third party content and links only
as a courtesy to our users, and such links/content do not imply our endorsement
of any linked site/content. The linked site/content is not under our influence
or control, and we are not responsible for any third party content or the
contents of any linked site or subsequent links from that site. Our Privacy
Policy is only applicable when you are on this Site.
We are distributor of content supplied by third parties. Any opinions,
advice, statements, services, offers or other information or content expressed
or made available by third parties are those of the respective authors or
distributors and not of us. Without limiting any of the foregoing limitation or
disclaimers, neither we nor any third party provider of information guarantees
the accuracy, completeness, or usefulness of any content provided on or through
the Site.
Please review the streaming provider's, and the linked site's, use agreements
and privacy policies, and if you do not agree to be bound by the terms, we
recommend that you terminate your use of that service or your visit to the
site.
INTELLECTUAL PROPERTY
You acknowledge that all content and
materials available on this Site, including the selection, coordination,
arrangement and enhancement of such content as well as content original to it
are protected by national and international copyrights, trademarks, service
marks, patents, patent registration rights, trade secrets, know-how or other
proprietary rights and laws and are owned by VIVA or our licensors or VIVA has
obtained the necessary permission of the owner of the intellectual property in
such content to use the content on our Site. Unless otherwise indicated, all
logos, names, package designs and marks on the Site are trademarks or service
marks of, or used under license by, VIVA. The use or misuse of any of these
materials is strictly prohibited. VIVA, our licensors or associates retain
exclusive ownership of all data, material and other information regarding your
use of the Site.
LAWFUL USE
You agree to use the Site or its contents for lawful
purposes and only as expressly permitted in this Terms of Use and for no other
purpose. Except where otherwise noted, you may download, print or view
individual pages for non-commercial use only, provided you do not delete or
change any of the information, including copyright or trademark notices. Except
as otherwise permitted herein and as we may expressly authorize, you agree not
to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create derivative works from
the content or materials on the Site or otherwise in any way exploit any of the
content of the Site, in whole or in part or violate or infringe in any way upon
the rights of others, or do or cause to be done anything which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, or that which encourages
conduct that would constitute a criminal offence, gives rise to civil liability
or otherwise violate any law, or which, without VIVA's express prior approval,
contains advertising or any solicitation with respect to products or services.
Any conduct by you that in our discretion restricts or inhibits any other user
from using or enjoying VIVA will not be permitted.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS,
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE SITE (THE “CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE
AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE
RISK. VIVA DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE,
OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER APPLICABLE LAW. VIVA, INCLUDING EMPLOYEES, OFFICERS,
DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO
WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED
THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE,
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY
INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL VIVA, INCLUDING ITS
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS
OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM
INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER
BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
SECURITY PRECAUTIONS
The services and information provided are
protected using industry standard security precautions. It is up to you to fully
understand the risks and threats of using the public Internet, and to be
sufficiently aware of those risks to adequately protect your confidential
information. VIVA provides information regarding security and privacy in our
Privacy Policy. This document is provided as a guideline only, and it is up to
the user to remain current and exercise care when using the Internet. You should
seek professional advice on protecting your privacy and evaluating the security
of the information systems you are using.
CHOICE OF LAW
This Agreement shall be construed in accordance with
the laws of the Province of Ontario and the Federal laws of Canada applicable
therein, without regard to its conflict of laws rules. You expressly agree that
any claim or action arising out of or relating to these Terms of Use or your use
of the Site shall be filed only in the courts of the Province of Ontario or the
Federal Court of Canada, if applicable, and you further agree and submit to the
exercise of personal jurisdiction of such courts for the purpose of litigating
any such claim or action
INTEGRATION AND SEVERABILITY
This Terms of Use and our Privacy
Policy constitute the entire agreement between VIVA and you with respect to the
Site and supersedes all prior or contemporaneous communications and proposals
between us with respect to the Site. If any provision of this Terms of Use
agreement is determined to be invalid or unenforceable, all other provisions
shall remain in full force and effect. The section headings used herein are for
convenience only and shall not be given any legal import.
UNAUTHORIZED USE AND TERMINATION
You agree to use the Site only for
authorized and legal activities. VIVA reserves the right, in our sole
discretion, to terminate your access to all or part of the Site, with or without
notice and for any reason whatsoever.
PRIVACY AND DISCLOSURE
You have read and accept the terms of our
Privacy Policy above.