Terms of use

This Terms of use must be carefully read. This Agreement is a legal and binding agreement between you, as the end user, and Vivamusic. Your use of our websites (the "Vivamusic websites") as a guest or registered member of Vivamusic indicates your agreement and consent to become a party to this Agreement, to accept and be bound to the terms of use herein and compliance with our policies. If you do not accept and agree to the terms of this Agreement, your sole and exclusive remedy is to discontinue using Vivamusic.org.

1. General terms

The Vivamusic service is provided “as is”. While we make every reasonable effort to ensure that the service will function as claimed, we do not guarantee that the service will be free of bugs, security breaches, virus attacks and the like, or that it will always be available. Offered services must be used solely for common purposes. Any other purposes are strictly prohibited. This means any weak points testing, registering multiple accounts, using anyautomatic programs or crawlers at our site, etc. Realization of any of this will not be tolerated.

The service will occasionally be unavailable for routine maintenance, upgrading, or other reasons. In addition, you agree that Vivamusic will not be held responsible for any consequences to its users that may result from technical problems of the Internet, slow connections, traffic congestion or overload of our or other servers, etc.

2. Content

All audio and video content on Vivamusic service is stored out of its server. It does provide only connection to content itself, but does not take an action on storing, sharing or publicating any of these content. Full responsibility to this audio-visual content goes back solely to the owner of server, where is content stored. At the same time server Vivamusic does not take part on this content distribution and does not act as mediator as long as this content does not come under our possibility to affect or edit that content. The way, how Vivamusic does access to that content, has been consultated with Copyright Act organizations as a process, that does NOT infringe valid legislative.

Vivamusic does not guarantee the accuracy of any uploaded information, and is not responsible for any damage that may result to anyone using such an information. Furthermore, Vivamusic does not warrant, endorse or guarantee any content, product or service. As long as no content is saved on our server there is no possibility how to provide any unlimited access to this content, product or service at any time.

3. Member Registration

You can register as a member for free. By enrolling in the Service you acknowledge and agree thatthe Service is designed for personal use, you are not allowed to use any automated system for the selection or downloading of files. Vivamusic reserves the right to immediately and permanently terminate your access to the Service if we believe you are violating such limitation. On logging to Vivamusic you will be asked to submit a user identity name and password. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed. Further you understand and agree that Vivamusic cannot be responsible for the content posted on its site, so that, even though Vivamusic prohibits certain conduct and content on its server, you nonetheless may be exposed to such materials, and that you use the Vivamusic service at your own risk.

4. Termination

You agree that Vivamusic, in its sole discretion, may terminate your account, password (or any part thereof) or use of the Service if Vivamusic believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Vivamusic may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice. Further, you agree that Vivamusic shall not be liable to you or any third party for any termination of your access to the Service.

5. Code of Conduct

You alone are legally responsible for your conduct while using the Vivamusic service, and for any text, information, user names, images (“content”) that you submit, post, or display on the Vivamusic service. You must not defame, abuse, stalk, harass, threaten, libel, impersonate or intimidate other Vivamusic users, or upload any content that does so. You solely bear the responsibility for interaction with other users. You may not upload pornographic material or hate material to the Vivamusic service. You must not send or submit unsolicited messages, notices, or advertisements (“spam”) to any other members. You must not upload to the Vivamusic service any files containing any malicious computer code, such as viruses, worms or bugs, or any file that is designed to perform functions on any equipment, when downloaded, without the owner's express consent. The Vivamusic service has certain limitations (which may change from time to time), for instance: only certain enabled file types and sizes. You are not allowed to circumvent these limitations, e. g. by modifying these files, or any other method intended to enable you to upload content that you are not allowed to upload. Failure to comply with this Code of Conduct may result in deletion of the offending content without prior notification, and termination of your use of the Vivamusic service.

6. Explicit Lyrics

Vivamusic by default webcasts music and music videos from wide catalogue which contains a variety of music including some songs that may contain explicit lyrics or lyrics that certain people may find offensive. If you are dissatisfied with any music or videos webcast by Vivamusic, your sole and exclusive remedy is to discontinue using Vivamusic.org.

7. Electronic announcements

From time to time we may send you information relating to the Vivamusic service, such as service announcements and administrative messages, to your account E-mail.

8. Null and Void Where Prohibited

Although Vivamusic websites are accessible worldwide, not all products and services discussed or referenced on Vivamusic websites are available to all persons or in all geographic locations. Vivamusic reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so requests. Any offer for any product or service made on the Vivamusic websites are null and void where prohibited by law.

9. License to Vivamusic

By sending messages, whether in response to a contest or otherwise, uploading files, inputting data or engaging in any other form of communication through Vivamusic websites, you are granting a royalty free, perpetual, nonexclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication including, but not limited to, rights under copyright, intellectual property, trademark, service mark or patent laws under any relevant jurisdiction.

10. Use of Information

Vivamusic uses any information given by our users to enhance their experience in Vivamusic websites, whether to provide personalized elements on the sites or to better prepare future content based on the interests of our users. Vivamusic never shares this information with any third parties, including advertisers or partners, but Vivamusic may create aggregate reports on user demographics and traffic patterns for advertisers and partners. This allows our advertisers to advertise more effectively, and allows our users to view advertisements that are pertinent to their needs.

11. DISCLAIMER

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIVAMUSIC IS PROVIDING THIS SITE AND ITS CONTENT ON AN "AS IS" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THIS SITE OR ITS CONTENT. VIVAMUSIC DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES. IN ADDITION, VIVAMUSIC DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. FURTHER, VIVAMUSIC DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE VIVAMUSIC WEBSITES OR THE SERVER(S) THAT MAKE(S) THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIVAMUSIC HAS PROVIDED LINKS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIAL ON VIVAMUSIC WEBSITES. NEITHER VIVAMUSIC NOR THEIR AFFILIATES OR PARTNERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.

12. Modification

Vivamusic may modify the terms and conditions of this Agreement at our sole discretion and without prior notification. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of Vivamusic websites will constitute your binding acceptance of the change.

13. Agreement

This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications, proposals or agreements whether electronic, oral or written, between you and us with respect to the Service, all of which communications, proposals or agreements are expressly cancelled. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.