Mevivo Terms and Conditions

The owner and manager of the Terms and Conditions of sale and use (hereinafter referred to, for brevity, with “Terms & Conditions”) of the de.mevivo.app website (“Website”) and the MeVivo software application (“Application “,” The app “,” the application “,” Services “) is Mevivo srl with registered office in via Campi 3 – 83020 – Contrada (AV) Italy, mevivo@pec.it, VAT number 03074630645

 

These terms and conditions of use for the website and the application available on the iOS App Store and Google Play Store, constitute a legal contract and are entered into by and between you (“the user”) and MeVivo srl (“MeVivo “,” We “,” our “).

 

The following terms and conditions, together with any additional documents and / or terms, may include by reference (collectively, “Terms and Conditions”) govern the access and use of the Website and the Application (collectively, “Services” , “Service”), including any content and functionality offered on or through the Services.

 

By using the MeVivo services, or by accepting these terms and conditions, you accept and agree to be bound by the following terms and conditions and the MeVivo privacy policy.

 

You are not authorized to access or use the MeVivo services without first accepting the following Terms and Conditions or the Privacy Policy.

 

By accessing the Services, you represent and warrant that you have reached the age of majority under the applicable law for the purpose of entering into a binding contract with MeVivo, and to meet all eligibility requirements. In the absence of one or more requirements, users cannot access or use the Services.

 

MeVivo reserves the right, in its sole discretion, to revise and update the Terms and Conditions from time to time. Any changes will take effect immediately and will be applied to all users to allow them to continue using the services.

 

By accepting the terms and conditions, the user assumes the responsibility to check them periodically and independently become aware of any changes. Furthermore, continuing to use the service after such changes constitutes an automatic acceptance of the same by the user.

 

MeVivo reserves the right to modify, withdraw or discontinue the information and material on the Service including its functionality, at any time in its sole discretion, without prior notice.

 

Therefore, MeVivo assumes no responsibility, in the event that for any reason, the Service or part of it will not be accessible to the user, will be limited or unavailable, at any time or for any period. By accepting the Terms and Conditions, the user therefore accepts that MeVivo has no responsibility for the cancellation or failure to store and / or transmit any information retained.

 

MeVivo reserves the right, where necessary or appropriate, for personal purposes or to improve the quality of any component comprising the Services, to modify the rules of operation for technologies including, system interfaces, utilities, operating systems and software. , to implement improvements, modifications or updates to the same. MeVivo undertakes to minimize the effect of service interruptions, making every reasonable effort to plan the times during which the Services will not be available to the user due to maintenance.

 

Mevivo: is a multimedia platform that allows the user to manage, collect in Toplists, present and quickly play millions of YouTube songs and videos, through a simple and intuitive interface.

 

Mevivo does not contain any copyrighted content or media on its servers or architectures.

 

The app does not and will never independently distribute any copyrighted song or multimedia content through its Services.

 

The user is obliged to view and access only the content for which he has viewing rights.

 

You may only stream video content via the YouTube platform (or other third-party platforms) that are not restricted by YouTube (or other third-party platforms, e.g. region-restricted videos) or for which it holds the viewing and use rights (based on the YouTube Terms and Conditions or the Terms and Conditions of other third-party services that the user has adopted within the app).

 

By accepting these Terms and Conditions, the user agrees to use Mevivo only for personal and non-commercial purposes.

 

MeVivo does not approve or support the reproduction of copyrighted material without the permission of their respective owners.

 

MeVivo disapproves and categorically dissociates itself from any improper use of the app, from the improper insertion of articles or from improper Toplist creations. Its use to illegally view copyrighted content, which should therefore be paid for, or any copyright infringement is solely attributable to the end user.

 

In case of violation of these Terms and Conditions, MeVivo will close the personal account of the user who will lose from that moment (and in the future) the possibility to access the services again.

 

 

Copyright

All images, contents, logos and trademarks present on MeVivo services belong to their legitimate owners.

 

The Services, all content, features and functionalities that comprise them, including, but not limited to, all information, software, code, text, visualizations, graphics, photographs, video, audio, design, presentation, selection and arrangement , are owned by MeVivo.

 

All licensees or other operators of such material are protected in all forms by intellectual property laws, including, without limitation, copyright, trademark, patent, trade secret and any other proprietary rights.

 

It is absolutely forbidden to use the Services for commercial purposes, users are authorized to use the Service only for personal and legitimate purposes that comply with the following Terms and Conditions.

 

It is not permitted to reproduce, directly or indirectly, collect for an internal database, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, archive or transmit, directly or indirectly, any material of the Service, in any form or medium, except that:

 

(a) your device and browser may temporarily store or cache copies of the materials that you access and view;

 

(b) a reasonable number of copies may be printed, retaining any proprietary notices on them, maintaining the obligation of only for personal, non-commercial, legal and not for further reproduction, publication or distribution of any kind in any medium ;

 

(c) a single copy for each individual user may be downloaded with any proprietary notices intact, for personal and non-commercial use, provided that the user agrees to be bound by these Terms and Conditions, in connection with the use of such download;

 

(d) if the social media platforms are linked to certain content on or within the Services, the user can take the actions permitted by the Services and such third-party social media platforms.

 

Users are not authorized in any way or for any reason to modify copies of any material on the Services, or to delete or alter any copyright or trademark. You may not use any part or any material available through the Services for commercial purposes.

 

The user who prints, copies or downloads any material offered by MeVivo violates these Terms and Conditions, therefore they will no longer be able to use the app and must, at MeVivo’s discretion, return or destroy any copies of the materials they have made. The user has no rights in or to the Services or any content in the app.

 

Rights not expressly conferred are reserved exclusively to MeVivo. Any use of the Services other than what is expressly permitted in these Terms and Conditions constitutes a violation of the same, and a consequent violation of copyright, trademarks and other proprietary laws.

 

MeVivo reserves the right without expiry, to use and disclose (for commercial or other purposes) the statistical, textual and numerical contents of all data collected in the Services, at any time, to conduct analysis on industry trends.

 

MeVivo is a viewer (browser) of video content from YouTube (or other third-party platforms) therefore it does not store or hold any content in its infrastructure.

 

The app simply creates a user friendly interface between the user and the YouTube platform (or other third-party platforms).

 

MeVivo is not responsible for the content displayed as everything comes from the YouTube platform (or other third-party platforms).

 

MeVivo respects the intellectual property rights of the artists and content providers present in the Services, making itself available to the copyright holders. If any content available on the app violates property rights, you can immediately notify the MeVivo team.

 

Notice of alleged copyright infringement must be sent to the following address: support@mevivo.app

 

Including the following:

 

A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the allegedly infringed copyright;

Specific identification of any copyrighted work that is claimed to have been infringed;

An in-app screenshot or proof of the allegedly infringed material;

Contact information of the complaining party, (full name, address, telephone number and email address);

A statement in which the complaining party claims to believe in good faith that the use of the work or works in the manner complained of is not authorized by the copyright owner, its agent or the law;

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

MeVivo in accordance with its policy, will close the accounts of users who are found to be copyright infringers.

 

If the owners of copyrighted material want to make sure that their videos are not shown on the MeVivo platform, they should simply send an email to support@mevivo.app specifying the YouTube channels they have the rights to stating that nothing will be done. shown and shared on MeVivo services.

 

MeVivo will verify the legitimacy of the request and subsequently remove the requested content from its devices.

 

Terms of use

The user guarantees and accepts that the use of the Services must not in any way:

 

Violate any applicable federal, provincial, local or international law or regulation, including, without limitation, laws relating to the export of data or software, patents, trademarks, trade secrets, copyright or other intellectual property, legal rights (including of publicity and privacy of others) or contain any material that may give rise to civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms and Conditions and our Privacy Policy.

Violate in any way the terms of use of any third party website linked to the Services, including but not limited to, any third party social media website.

Include or contain material that is found to be obscene, harmful, threatening, offensive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, provocative or discriminatory, based on race, sex, religion, nationality, disability, sexual orientation or age or any otherwise legally prohibited reason, or otherwise be questionable, such determination must be made at MeVivo’s sole discretion.

Involve acts of stalking, exploiting or harming any individual (including minors) in any way. no individual should be exposed to inappropriate content or otherwise, and no individual should be asked for personal information as prohibited by applicable law, regulation or code.

Involving, giving or providing false, inaccurate or misleading information.

 

Impersonating or attempting to impersonate MeVivo, us, our employees, another user or any other person or entity (including, without limitation, the use of email addresses or screen names associated with the above).

Broadcast or procure the sending of advertising or promotions, sales or encourage other commercial activities, including, without limitation, “spam”, “junk mail”, “chains”, contests, sweepstakes, commercial promotions, bartering or advertising or any other similar stress.

Fraudulently representing online advertising impressions, clicks, conversions or data events, in order to generate revenue or for any other purpose.

Encourage any other conduct that limits or inhibits the use or enjoyment of the Services by someone or which, as determined by MeVivo, may harm and expose MeVivo or its users to liability.

Cause unnecessary annoyance, discomfort, or anxiety or risk upsetting, embarrassing or alarming any other person.

Promote illegal activities or support, promote or assist any illegal act.

Declare a false approval by MeVivo or third parties of the content shared personally by the user in the MeVivo Services.

 

Monitoring and enforcement, suspension and termination

MeVivo holds the right, without notice, to:

 

Take appropriate legal action, including, without limitation, referral to law enforcement, or notify the injured party of any illegal or unauthorized use of the Services. Therefore being able to cooperate with the authorities by revealing the identity or other information of any user of the MeVivo services.

 

MeVivo has no obligation or responsibility towards any party to:

 

monitor the Services or their use by users;

monitor any action or inaction regarding transmissions, communications or content provided by any user or third party, under applicable laws.

 

 

Service status and service interruption

MeVivo undertakes to provide the service as reliably as possible, but reserves the right to interrupt it at any time without prior notice for technical or organizational reasons.

 

MeVivo is not responsible in the event of a malfunction of the third-party services to which the app connects, nor for the termination of certain functions.

 

MeVivo is not responsible for any loss of data: “playlists”, “videos” or any settings related to the app.

 

By accepting these Terms and Conditions, the user agrees to have access to the service “as is”, aware that some features can be added or removed at any time.

 

 

Third Party Websites

MeVivo makes no representations about websites and others, which can be accessed through its Services. If the user chooses to access these sites, he does so at his own risk. MeVivo has no control over the contents of such third party sites, nor does it assume any responsibility for any loss or damage resulting from their use. The user who decides to access or use third-party sites will be subject to the terms and conditions of such third-party sites.

 

Such links to third-party sites from the MeVivo Services, may include links to social media features that allow you to link or transmit by yourself or using certain third-party websites, some content from the Services. You may use these features only when they are provided by us and solely with respect to the content we identify.

 

Consent to electronic communication

When a user visits the website or uses the Services, or sends e-mails or text messages, he is communicating electronically with the MeVivo team. The user therefore agrees to receive communications electronically, via e-mail, text messages or by posting notices on or through the app; further agrees that all agreements, notices, disclosures and other communications provided electronically satisfy any legal requirements and that such communications are in writing and / or signed.

 

Terms of use and sale of the MeVivo Creator service (Silver Subscription – Gold Subscription – Platinum Subscription)

Article 1 – General

Welcome to the Terms of Use and Sale of the MeVivo Creator Service, which includes the website accessible at www.mevivo.app (hereinafter the “Site”) and its desktop, tablet and mobile applications (hereinafter the “Application”) .

 

These conditions of use and sale (hereinafter the “Terms”) exclusively regulate the MeVivo Creator Service. These conditions apply to the exclusion of any other terms, in particular those that apply to other Services – free or paid – offered on the Application (SIlver Subscription – Gold Subscription – Platinum Subscription).

 

The purpose of these Terms is to define the contractual and commercial relationship between MeVivo, on the one hand, and any subscriber to the Mevivo Creator Service on the other.

 

The use of the MeVivo Creator app and Service is authorized exclusively for personal and private use, therefore any other use is strictly prohibited, particularly in public places or for businesses.

 

The subscription (Silver, Gold, Platinum) and access to the Mevivo Creator service strictly depend on the prior acceptance of all these Terms (including the Privacy Policy) without limitations or reservations.

 

Article 2 – Presentation of the Mevivo Creator service

The Mevivo Creator service is a service that offers its users the ability to listen to unlimited audio recordings (hereinafter the “Recordings”) without advertising or skip limitations, on multiple devices as described below, and subject to the consent of the following terms and conditions.

 

The Mevivo Creator service gives the registered user the opportunity to:

 

to access all the extra features, typical of the Creator profile, from an iOS or Android smartphone through the Application.

to play and create custom music, playlists and get numerous content recommendations.

to have unlimited access to the recordings included in the Mevivo Creator Service music catalog;

to enjoy continuous playback of the songs without any commercial interruption.

The Creator user can use it for the entire duration governed by the subscription even in the event of cancellation of the subscription pursuant to the Terms below.

 

MeVivo disclaims any responsibility for advertisements displayed within content provided and hosted by third parties and which can be integrated and / or recalled on the Application.

 

Article 3 – Use of the Mevivo Creator service

The use of the MeVivo Creator service requires a high-speed Internet connection and an Internet service for portable devices. The latter are not provided by MeVivo, therefore the subscriber must independently have this connection in order to use the MeVivo Creator service.

 

MeVivo recommends a mobile Internet connection via third or fourth generation mobile technology (3G or 4G).

 

The music catalog available as part of the MeVivo Creator service may be subject to change. MeVivo cannot guarantee an indefinite availability of the songs, albums, artists or groups in the catalog of the Mevivo Creator service (see copyright claims above). MeVivo assumes no responsibility for the withdrawal of any part of the content of the catalog made available.

 

 

Article 4 – Availability and modification of the Mevivo Creator service

The Mevivo Creator Service can be accessed 24 hours a day, seven days a week, within the limits of the Terms and Conditions and the terms of article 10 below.

 

The recordings are made available within the Mevivo Creator service according to the regulations of the country from which the user subscribes or accesses the service (his country of residence). In compliance with Regulation (EU) 2017/1128 on the cross-border portability of online content services in the internal market, any user, subscribed to the Mevivo Creator Service from a member state of the European Union, will have access to the same contents provided in the subscription phase, even when you use the service, being temporarily in another member state, at no additional cost. However, MeVivo cannot guarantee the same quality of service provided in the subscriber’s country of residence.

 

Any user, subscribed to the MeVivo Creator service outside the European Union, will have access to the same content in the same way when using the MeVivo creator service temporarily from another country, at no additional cost. However, MeVivo cannot guarantee the same quality of service provided in the subscriber’s country of residence.

 

MeVivo has the right to make any changes or improvements to its service, where it is deemed necessary. MeVivo warrants that such intervention will not affect the quality or substantially modify the functionality of the MeVivo Creator service.

 

In addition, Mevivo has the right to temporarily remove access to the MeVivo Creator service, without notice or compensation, where necessary to perform maintenance or ensure the continuity of the service. The subscriber acknowledges that MeVivo cannot be held responsible and therefore waives any right of compensation and / or action against MeVivo in this regard. The notice of temporary interruptions in the MeVivo Creator Service will be provided at least 24 (twenty-four) hours before the actual interruption, unless serious and urgent reasons are involved, in which case, MeVivo also reserves the right to permanently close the Service. without any compensation. Notice of the permanent closure of the MeVivo Creator Service will be given through the Application. The subscriber from the closing date of his profile, will no longer be responsible for any payment of the Mevivo Creator service.

 

Article 5 – Subscription (Absence of the right of withdrawal – period – renewal – restoration – cancellation – upgrade to the MeVivo Creator service)

The user can subscribe to one of the subscriptions in the App to unlock the features provided by the MeVivo Creator account. To date (22/04/2021) the following types of subscription exist in the app:

 

Silver padlock – unlocking of MeVivo Creator features for a period of one month;

Luccheto Gold – unlocking of MeVivo Creator features for a period of one year;

Platinum lock – unlocks MeVivo Creator features forever.

The prices of the subscription types are regulated in Article 8.

 

5.1 No right of withdrawal

The subscriber expressly acknowledges and accepts that the provision of the MeVivo Creator service begins when his subscription is confirmed and acknowledges that consequently he loses the right to withdraw from the subscription. Consequently, no request for withdrawal, cancellation or refund will be accepted once the subscription has been confirmed.

 

 

 

5.2 Period – Trials and Discovery Offers

MeVivo offers a monthly trial subscription (or any other period depending on the offers made in the Application).

 

 

 

5.3 Renewal

Unless the subscription is canceled pursuant to Article 5.5 and the subscriber does not use a non-recurring payment method, the subscription to the Service is automatically renewed for exactly the same duration of the period chosen during registration. Therefore, if the subscriber subscribes to a monthly subscription, this subscription will be automatically renewed every month.

 

 

 

5.4 Recovery

Unless the subscription is canceled pursuant to Article 5.5, the subscription to the Service can be restored for the remaining duration of the subscription itself on any smartphone from the application under “Restore now” or “Restore Purchases”. The subscription will be renewed as set out in article 5.3.

 

 

 

5.5 Cancellation

The user who wants to cancel a subscription can do so directly from the Application, by accessing the subscription management of his device (instructions are provided for each platform). The cancellation will be effective at the end of the current subscription period, if done at least 48 (forty eight) hours before the end of the period. For a trial or discovery period, the cancellation takes place on the date and time of the cancellation, indicated in the subscriber’s account, unless otherwise indicated.

 

If the MeVivo Creator subscription was subscribed through a third-party website (such as iTunes), the subscriber must follow the instructions of the third-party website to cancel the subscription. The subscriber must be aware that the conditions (how to cancel, within what period of time, etc.) may vary from one third-party platform to another.

 

 

Article 6 – Terms of access to the Mevivo Creator service

The subscriber declares to have the ability to accept these Terms; this means that he declares that he is of the required legal age and that he is not subject to any legal protection measures (such as legal protection).

 

The subscriber declares to be resident in a country where the MeVivo Creator service is available and to be the holder of a credit card issued by a bank in the same country.

 

Article 7 – Creating an account

To subscribe to the Mevivo Creator service, each subscriber must:

 

– Create a personal account after downloading the MeVivo Application, or if the Subscriber is already registered, access the Application;

 

– Provide the necessary information, requested in the registration form;

 

– Give your consent to the Terms and Conditions;

 

– Make the payment for the chosen subscription by selecting one of the payment methods offered;

 

– Confirm your registration by e-mail.

 

 

 

The subscriber guarantees to provide true, accurate and authentic information about himself in relation to his registration with the MeVivo Creator application and service.

 

The subscriber can change the password provided on their account at any time by accessing the appropriate section of the application.

 

The subscriber must immediately inform MeVivo of any loss or unauthorized use of their account, identification details or password. Passwords and identification details are personal and the Subscriber undertakes not to disclose such sensitive data, making himself solely responsible for their use.

 

The subscriber is solely responsible for the consequences resulting from the improper use of the personal account, regardless of who actually made inappropriate use of it. Third party access to the subscriber’s account is therefore the responsibility of the subscriber’s negligence. Consequently, the subscriber acknowledges that MeVivo and all its partners, contracting parties or rights holders cannot be held responsible in this regard.

 

Article 8 – Price

The prices of the subscriptions are indicated in the Application, including all taxes.

 

MeVivo reserves the right to possibly change the price of the offers and subscriptions proposed. Therefore, any increase in the VAT rate (Value Added Tax) will be automatically and immediately transferred to the price of the Mevivo Creator service. The same will apply in case of creation of a new tax, based on the price of the Mevivo Creator service and applicable to Mevivo.

 

The cancellation conditions applicable in the event of a change in the price of the Mevivo Creator Service mentioned above will apply under the same conditions in the event of a price change resulting from an increase or the creation of new fees.

 

Article 9 – Payment of the MeVivo Creator subscription

The first payment will be made at the time of subscription, subsequent payments will be made automatically at the beginning of each month or year (depending on the type of subscription chosen during registration), by direct debit, until you decide to cancel the subscription. subscription, regardless of whether the cancellation was initiated by the subscriber or by MeVivo.

 

To ensure greater security of optimized transactions, MeVivo has chosen the payment systems of various companies with which it has entered into agreements. The guarantees provided by MeVivo to its users, in terms of transaction security, are the same as those guaranteed to MeVivo by the payment service providers.

 

Unless the subscriber provides proof to the contrary, the computerized records kept in the computer systems of MeVivo and its partners, in conditions of reasonable security will be treated as proof of the communications, orders, validations and payments that have taken place between the subscriber. and MeVivo. This information must be treated as valid proof between the Subscriber and MeVivo unless the Subscriber is able to provide written proof to the contrary.

 

 

Article 10 – Liability of the subscriber

Each subscriber can post messages, information and / or comments on the desktop application, being solely responsible for any message, content or information published by him on the desktop application; MeVivo is considered exclusively an Internet hosting service provider and cannot be held responsible for the content posted by Users on the Application, over which MeVivo has no control or supervision.

 

To avoid being held responsible for offenses, the Subscriber expressly undertakes to ensure that any message posted by him on the Site or on the desktop application complies with the following requirements and that (this list is not exhaustive):

 

– Does not violate the intellectual property rights of third parties; the Subscriber therefore undertakes not to publish content on the Site or Application protected by copyright law, a registered trademark or, more generally, any content protected by other intellectual property rights held by third parties without the prior consent of the owner. or of the owners of said rights;

 

– It does not contain computer viruses capable of interrupting, destroying or affecting the functionality of the Site or the desktop application;

 

– It does not celebrate crimes or criminal behavior nor does it contain illegal or threatening messages or contents of a pedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;

 

– It does not violate any right to privacy or promote a lack of respect for human dignity;

 

– Does not encourage violence, fanaticism, crime, suicide or hatred related to religion, race, sex, sexual preference or ethnicity;

 

– Does not harass other users;

 

– It does not promote or encourage any criminal activity or enterprise;

 

– Does not request and / or disclose passwords and / or personal information for commercial or illegal purposes;

 

– Does not transmit email chains, bulk unsolicited emails, instant messages, advertisements and spam messages;

 

– It does not contain advertising and / or propaganda in order to offer products and / or services to be sold through the Site or the Application;

 

– It does not contain addresses or Internet links that transfer to an external website whose content violates any applicable law and / or regulation, violates third party rights or violates the Terms.

 

 

The subscriber also agrees not to use any automated system such as scripts for the purpose of adding users to their user account and / or sending comments or messages.

 

If the Subscriber violates a law or a third party right, MeVivo has the right to provide any information that allows or facilitates the identification of the offender at the request of any legal authority (courts, administrative authorities and police forces).

 

 

Article 11 – Exclusion of guarantees

The subscriber declares to have been informed of the scope and limits of the Internet network.

 

Consequently, MeVivo declines all responsibility for any malfunction in accessing the MeVivo Creator Service, the speed with which the pages of the Site or Application open and can be read, the speed of listening to any traces, the temporary inaccessibility or permanent to MeVivo Creator Service and the fraudulent use by third parties of the information provided on the Site or Application.

 

It is therefore the subscriber’s duty to protect their device and account from any form of intrusion and / or contamination by viruses, malfunctions or damage caused to the subscriber’s equipment, for which MeVivo can never be held responsible.

 

More generally, MeVivo declines all responsibility, in the event that the breach of any obligation derives from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, failures telecommunications equipment, other equipment failures, power failures, strikes, labor disputes, riots, riots, civil unrest, labor or material shortages, fire, flood, storm, explosion, force majeure, war, government action , orders from national or foreign courts or tribunals, third party default, or the loss or fluctuations of heat, light or air conditioning and more generally any unstoppable and unforeseen event that prevents the proper execution of orders.

 

MeVivo disclaims any liability in the event that the MeVivo Creator service should be incompatible with certain equipment and / or characteristics of the subscriber’s equipment.

 

Finally, the Subscriber is solely responsible for his / her use of the MeVivo Creator Service and cannot hold MeVivo responsible for any claim and / or proceeding against him / her in this regard. The subscriber will be responsible for any complaints, objections and more generally any proceedings initiated against MeVivo by a third party in relation to the subscriber’s use of the MeVivo Creator service.

 

 

Disclaimer of Warranties

THE USER ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES, THEIR CONTENT AND ANY SERVICE OR ITEM FOUND OR OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS FOUND OR OBTAINED THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ABOVE DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER MEVIVO NOR ITS SUBSIDIARIES, AFFILIATES OR ITS RESPECTIVE DIRECTORS, OFFICIALS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSORS, SUPPLIERS, SUCCESSORS OR ALLOWANCES, SECURITY, SECURITY, ENDURANCE, COMPLIANCE, SECURITY, ASSURANCE , ACCURACY, EVALUATION OR AVAILABILITY OF THE SERVICES OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER MEVIVO NOR ITS SUBSIDIARIES, AFFILIATES OR ITS RESPECTIVE DIRECTORS, OFFICIALS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSORS, SUPPLIERS, ASSIGNORS OR ASSIGNORS OR OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT THE DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT AND DO NOT WARRANT NOR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODES. THE USER IS THE SOLE AND FULLY RESPONSIBLE FOR THE USE OF THE SERVICES AND ITS DEVICES, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DDoS (DENIAL OF SERVICE) ATTACK, OVERLOAD, FLOOD, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, HIGHLY LOGO DROPICAL MATERIALS INFECT YOUR DEVICES, COMPUTER PROGRAMS, DATA OR OTHER OWN MATERIAL BY USING THE SERVICES OR ANY SERVICES OR ITEMS FOUND OR OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOAD OF ANY MATERIAL PUBLISHED ON THE SERVICES,

 

 

Limitation of Liability

EXCEPT WHEN SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL MEVIVO NEITHER ITS, AFFILIATES OR ITS DIRECTORS, OFFICIALS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, BE LIABLE FOR ANY BASIC VIOLATIONS, DIRECTIONS, DAMAGES, DAMAGES SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, INCLUDING, BUT NOT LIMITED TO, PERSONAL AND EMOTIONAL DAMAGES DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF WORK OR EXPECTED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATE UNLAWFUL (INCLUDING NEGLIGENCE), BREACH OF AGREEMENT, INFRINGEMENT OF PRIVACY OR OTHERWISE OUTSIDE OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE OR TRUST THE SERVICES, ANY LINKED WEBSITE OR SUCH OTHER THIRD PARTY WEBSITES, NOR WEBSITE CONTENT , MATERIALS, PUBLICATIONS OR INFORMATION ABOUT THESE, EVEN IF THE PARTY WAS EXPECTED OR HAD REASON TO KNOW OF SUCH DAMAGES OR LOSSES.

 

 

 

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless MeVivo, its subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Services, including, but not limited to, third party sites, any use of the content on or within the Services and products, other than as expressly authorized in these Terms and Conditions.

 

 

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless MeVivo, its subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Services, including, but not limited to, third party sites, any use of the content on or within the Services and products, other than as expressly authorized in these Terms and Conditions.

 

 

 

Waiver

No failure to exercise or delay in exercising any right, remedy, power or privilege arising from these Terms and Conditions operates, or can be interpreted, as a waiver. No single or partial exercise of any right, remedy, power or privilege pursuant to this precludes any other or further exercise of the same or the exercise of any other right, remedy, power or privilege.

 

You agree to waive any rights you may have to:

 

(a) a jury trial;

 

(b) initiate or participate in any class action against us relating to your use of the Services, the exchange of electronic documents between us or these Terms and Conditions and, where applicable, you also agree to waive any class proceedings against us or against our licensors

 

 

Severability and survival

If any term or provision of these Terms and Conditions is invalid, unlawful or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or any other jurisdiction. Any provision of these Terms and Conditions that must survive to fulfill its essential purpose (whether expressly stated as such or not) and any obligation to pay taxes incurred prior to termination, will survive the termination of these Terms and Conditions.

 

 

 

Entire agreement

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and us, regarding the MeVivo Services, and supersede all prior and contemporary understandings, agreements, representations and warranties, both written and oral, in on this topic.

 

 

 

Reporting and contact

If you have any questions about these Terms and Conditions, you can contact us at the e-mail address: support@mevivo.app