VIVA TRANSLATE TERMS OF SERVICE
Last modified: Sep 21, 2022
1. Your Acceptance
Welcome to the Viva Translate Terms of Service. This is an agreement (“Agreement”) between Viva Translate, Inc. (“Viva Translate”) the owner and operator of the website https:// vivatranslate.com and the Viva Translate software, mobile application, components, downloadable browser extensions, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “User”) a user of the Platform.
PLEASE BE AWARE THAT THERE ARE CLASS ACTION, ARBITRATION, AND PAGA PROVISIONS CONTAINED IN THIS AGREEMENT.
Throughout this Agreement, the words “Viva Translate,” “us,” “we,” and “our,” refer to our company, Viva Translate, as is appropriate in the context of the use of the words.
By clicking “I agree”, subscribing to the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Agreement or the Privacy Policy and may notify you when we do so. If you do not agree with any changes please cease using our Platform immediately.
2. Platform and Registration
Users may access the Platform as permitted by us. Where required, Users must register on the Platform before accessing portions of the Platform. During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Platform and you must be over the age of 13 to register and create an account. If you are between the age of 13 and under 18, you must have your parent or guardian read and agree to this Agreement. We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of your password, account, and for any and all activities that occur under your account. You agree to notify Viva Translate immediately of any unauthorized use of your account or any other breach of security. Viva Translate will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.
3. Platform Ownership
In accordance with this Agreement, we may provide you access to the Platform after registration along with payment as applicable. The Platform is sold as a subscription and licensed and your subscription does not entitle you to any ownership of the Platform, you merely receive a non-exclusive, limited, non-assignable, and fully revocable right to access the Platform at our discretion. Where you download any portion of our Platform, we grant you a non-exclusive, limited, non-assignable, and fully revocable license to download and use the Platform for your own personal use. You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Viva Translate and/or Viva Translate’s licensors and that Viva Translate and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Viva Translate. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Viva Translate to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Viva Translate. All rights not expressly granted in this Agreement are reserved for us. You may only access the Platform as permitted by us and please be aware that we are not responsible for any User Content (defined below) encountered on the Platform, whether posted by you or any other person.
4. Third Party Software
Viva Translate may offer third party integrations or software (“Third Party Software”) at its discretion. Where the Platform interacts with Third Party Software, Viva Translate does not warrant or endorse any such Third Party Software. User uses any Third Party Software solely at their own risk. All such Third Party Software are owned, controlled, and operated by third party entities and such third parties are solely responsible for the Third Party Software including any claims, usage, issues or offerings made available through such Third Party Software. You may be required to purchase an additional subscription or otherwise pay for access to any Third Party Software from the entity that makes such Third Party Software available. Any issues with the transmission, processing, or storage of any User Content by any Third Party Software is solely to be resolved by and between you and any entity owning such Third Party Software. Viva Translate will not be responsible for any connectivity issues related to any Third Party Software and the Platform. Any Third Party Software is subject to the terms and conditions of the owner of such Third Party Software and you agree to abide by all such terms and conditions when using the Third Party Software in conjunction with the Platform. YOU ACKNOWLEDGE AND AGREE THAT VIVA TRANSLATE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD VIVA TRANSLATE LIABLE, FOR THE CONDUCT OF ANY THIRD PARTIES, INCLUDING ENTITIES RESPONSIBLE FOR THE THIRD PARTY SOFTWARE OR OTHER USERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
5. Privacy Policy
We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
6. User Content
A User’s ability to submit or transmit any information through the Platform, including but not limited to user information, data, recordings, audio, video, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Viva Translate is not required to host, store, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content at our discretion. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations. When you submit any User Content to us, you grant Viva Translate, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform and for our use as described within our policies. Viva Translate has no liability to you for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Viva Translate shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
7. Additional Guidelines for User Content