Last Updated: September 21, 2019
This Alivo Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Alivo, (“Alivo,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). Alivo is a social networking platform focussed on areas of health,fitness,sports,food,creativity,etc (collectively, the “Services”). This Agreement governs your use of our Services.
By creating an account, viewing content, recording health data,uploading content, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
Registration: You may create an account to use certain features we offer (e.g., uploading videos,images,text,etc). To do so, you must provide an email address or mobile number. You consent to receive notices from Alivo at this email address or mobile number.
Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile. If you are a government entity in the India, our Government Entity Addendum applies.
Age Requirements: You must be at least 13 years old to create an account. If you reside in the European Union, you must be at least 16 years old. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. If you are at least the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian's permission. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's usage. If your child is either under the applicable age or does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
We may allow you to upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. Alivo may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Alivo may take all appropriate actions to enforce its rights including removing specific videos,text,images,etc or suspending or removing your account.
You may only upload content that you have the right to upload and share. Copyright owners may send Alivo a takedown notice as stated in our Copyright Policy if they believe Alivo is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
You may not submit any content that:
Please see the Alivo Guidelines for guidance on how we interpret these terms.
In using our Services, you may not:
You will not:
You may not create an account if you are a member of a terror or hate group.
We provide means to allow you to include closed captioning in your videos. If required by applicable law, you must provide closed captioning in your videos.
As between you and Alivo, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow Alivo to host and stream your content, you grant Alivo the permissions set forth below.
By submitting a video, you grant Alivo permission to:
If you have enabled a video,image privacy setting or disabled downloading or embedding, we will limit distribution of your video,image pursuant to your selection. By enabling access to your video,image to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video,image. For the purposes of this Section 6.1, your video,image includes its title, description, tags, and other metadata.
The license period begins when you submit the video to Alivo and ends when you or Alivo delete it; provided that Alivo may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video,image is the subject of a takedown notice or other legal claim; or (c) when Alivo in good faith believes that it is legally obligated to do so.
You grant Alivo permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account.
The health data that is collected from you is used to provide you better services.This data is kept private and is not shared with any third party.
The Location data that is collected from you when you use our location services is used to provide you better services.This data is kept private and is not shared with any third party.
Content that is not covered by the licenses set forth in Sections 6.1 or 6.2 shall be governed by this Section 6.3 (e.g., text you submit in comments). You grant Alivo a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to Alivo on improving or products or services, Alivo may use your suggestions without any compensation to you.
All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to Alivo; rather, any breach of a term by Alivo hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
For each piece of content that you submit to or through Alivo, you represent and warrant that:
You will indemnify, defend, and hold harmless Alivo and its subsidiaries, parents, affiliates, directors, officers, employees, and agents, from and against all third-party actions arising from: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. With respect to memberships, Alivo may terminate this Agreement at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, Alivo may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit).
In the event of any termination or expiration, the following sections will survive: Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), and Section 11 (General Provisions).
ALIVO PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALIVO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Alivo makes no representations or warranties:
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ALIVO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; AND (B) ALIVO's TOTAL LIABILITY TO YOU, EXCEPT FOR ALIVO's CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ALIVO OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
Choice of Law: This Agreement will be governed by the laws of India (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
Any action relating to this Agreement or your use of our Services must be commenced in the state or federal courts located India; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, ALIVO AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Reservation of Rights, Severability, Force Majeure: Alivo reserves all rights not expressly granted herein. Alivo’s rights and remedies are cumulative. No failure or delay by Alivo in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. Alivo will not be liable for any delay or failure caused by a force majeure event.
Relationship: You and Alivo are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and assigns. You may not assign this Agreement to any person whose account has been terminated by Alivo or who is prohibited from registering; any such assignment will be void.
Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not Alivo, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of Alivo. If you have a signed agreement with Alivo, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
Addenda: This Agreement incorporates the following documents (and no others) by reference:
Notices: You must send any notices of a legal nature to us by email or at:
Attention: Legal Department