Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the pptVivo! Site.
Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their pptVivo! account to another party. If you do not qualify or have been suspended or removed from the system by pptVivo! for any reason, please do not use the pptVivo! Service.
Registration Details and Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Details"); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete; and (c) you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur using your password or account with or without your knowledge.
Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Although as an online service provider, we are not responsible for the conduct of our users, we want pptVivo! to be a safe place on the internet. Therefore, in using pptVivo! you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- post User Content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes, but is not limited to a) Using pptVivo! to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and b) Sending messages to distribution lists, newsgroup aliases, or group aliases.
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, uploading photographs of celebrities in your profile, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
- You agree not to use the Site, including but not limited to the pptVivo! Viewer for any commercial use, without taking the prior written authorization of pptVivo!. The following actions taken without pptVivo!'s express approval are deemed as Prohibited commercial uses:
- sale of access to the Site or its services on another website;
- use of the Site or its services, for the primary purpose of gaining subscription and/or advertising revenue;
- the sale of advertising, on the pptVivo! Site or any third-party website, targeted to the viewers of specific User Content or pptVivo! content; and
- any use of the Site or its services that pptVivo! finds, in its sole discretion, to use resources of pptVivo! or User Content with the effect of competing with or displacing the market for pptVivo!, its content, or User Content.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to 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 country in which you reside.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice. Furthermore, you agree that all terminations shall be made in pptVivo!’s sole discretion and that pptVivo! shall not be liable to you nor any third-party for any termination of your account or access to the pptVivo! Service.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement, and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site, or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, and the applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice, and with or without cause.
Responsibility for content uploaded by you
You are solely responsible for the profiles, comments, messages, notes, text, documents, presentations, animation files, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost, and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. We strongly encourage you to routinely archive and backup your User Content.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.
License to use your content
We do not claim any ownership of the User Content. You may have an option to mark the User Content you upload as Private Content (intended to be not shared or shared with specific users) or Public Content (intended to be available to all members of the public and allow it to be used by all users of the Site).
While you retain all rights in the User Content, by uploading any User Content which is marked as Public Content, you represent and warrant that you have the right to grant, and grant to the Company an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, display, reformat, translate, excerpt (in whole or in part), prepare derivative works of, or incorporate into other works and distribute such Public Content for any purpose in connection with the Site or the promotion thereof in any and all media or distribution channels (now known or later developed). You agree that this license includes the right for pptVivo! to make such Public Content available to other companies, organizations or individuals who partner with pptVivo! for the syndication, broadcast, distribution or publication of such Public Content on other media and services. For avoidance of doubt, please note that, Such additional uses by pptVivo!, or other companies, organizations or individuals who partner with pptVivo!, may be made with no compensation paid to you with respect to the Public Content that you submit, post, transmit or otherwise make available through the Services.
pptVivo! has the right to modify or adapt or reformat your User Content (i.e. both Private and Public Content) in order to transmit, display or distribute it over various media and/or make changes to your User Content (i.e. both Private and Public Content) as are necessary to conform and adapt such User Content to any requirements or limitations of any networks, devices, services or media for the purpose of enabling pptVivo! to provide you with the Service.
The above licenses granted by you in the User Content uploaded by you terminate within a commercially reasonable time after you remove or delete your User Content from the pptVivo! website. You understand and agree, however, that pptVivo! may retain, but not display, distribute, or perform, server copies of your User Content that has been removed or deleted.
You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to Private Content) a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, and display such Content as permitted through the functionality of the Site and under these Terms of Service. Certain User Content may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use that User Content. Users of such User Content may see the specific licenses referred to, and included via links included, in any such User Content. Users who make their User Content available subject to any such third-party licenses hereby agree to comply with all policies and conditions associated with such use and distribution.
Regarding submissions in the nature of questions, comments, suggestions, ideas, feedback or other information, please see Clause 22 below.
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 pptVivo!'s policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to pptVivo! by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the pptVivo! Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the pptVivo! Services;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
pptVivo!'s Copyright Agent for notice of claims of copyright infringement can be reached as follows: pptVivo! Copyright Agent, Av Cristobal Colón 412 8th B, Mendoza City, Mendoza 5500, Argentina Tel/Fax: +54-0261-4201434.
Please note that we may not be able to share the identification or personal details about the alleged infringer. The owner of copyright content or the personal alleging copyright infringement has to get a court order in order to obtain the identification details of the alleged infringer.
Disclaimer: The above information is for informational purposes only and does not constitute legal advice. You are strongly urged to seek legal advice regarding your rights and obligations.
If you dispute a copyright notice filed against the content uploaded by you, you may file a counter notification with us.You are advised to see an attorney regarding your rights and obligations.
The counter notice must set forth the items specified below:
- Identify the specific URLs of material that we have removed or to which access has been disabled.
- Provide your full name, address, telephone number, and email address, and the username of your pptVivo! account.
- Provide a statement that you consent to the jurisdiction of the Court for the judicial district in which your address is located (or any judicial district in which pptVivo! may be found if your address is outside Argentina), and that you will accept service of process from the person who provided the notification or an agent of such person.
- Include a statement by you, under penalty of perjury, that you believe, in good faith, that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Sign the notice.
Please note that by submitting a counter notification, you agree that your counter-notification (including your personal details) may be forwarded to the party who submitted the original claim of copyright infringement. pptVivo! will not be liable, in any way whatsoever, for any actions taken by the copyright owner using the information provided in your counter notification.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on pptVivo!. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Disclaimer: You are strongly advised to obtain legal advice from a qualified attorney regarding your rights and obligations. All information provided here is for informational purposes only.
Assumption of Risks
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VIEWING THIS SITE, READING COMMENTS BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS SITE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
Repeat Infringer Policy
The Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, Members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You are solely responsible for properly canceling your account. You can cancel your Premium account any time. No questions are asked at the time of cancellation. You acknowledge that all of your Content will be immediately blocked or deleted from the Service upon cancellation. Your Content in some scenarios cannot be recovered once your account is cancelled. pptVivo! does not accept any liability for such loss. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again but your content will be deleted or blocked as case may be only at the end of the paid month.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, presentations, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites or Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You agree to receive communications from pptVivo! in connection with your use of pptVivo! Services in the form of email or SMS messages, including without limitation account activity notification, service updates, and reminders.
You are solely responsible for your interactions with other Members. pptVivo.com reserves the right, but has no obligation to monitor disputes between you and other Members.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE PPTVIVO! SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT PPTVIVO! DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. PPTVIVO! ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. PPTVIVO! EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PPTVIVO! MAKES NO WARRANTY THAT (i) THE PPTVIVO! SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PPTVIVO! SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PPTVIVO! SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PPTVIVO! SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PPTVIVO! SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PPTVIVO! OR THROUGH OR FROM THE PPTVIVO! SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PPTVIVO! SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PPTVIVO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL PPTVIVO!’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 50.
The User Agreement between you and pptVivo.com will be governed by, and construed in accordance with the Argentinians laws without regard to conflict of laws principles.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service, provided by you to Company are non-confidential, and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these questions, comments, suggestions, ideas, feedback or other information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
This Agreement is accepted upon your use of the pptVivo! Site or any of the pptVivo! Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and pptVivo! regarding the use of the pptVivo! Services. The failure of pptVivo! to exercise or enforce any right, or provision of this Agreement will 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. PPTVIVO! is a trademark of pptVivo.com. 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.This User Agreement was last modified on March 1st, 2013