VIVA Report – Brukeravtalen
Notice: read this Terms and Conditions carefully before creating an account and/or using the Service (as defined below).
Creating an account at the Site (as defined below) constitutes acceptance of all terms and conditions of this agreement without modification, and the Company has entered into those terms and conditions (the "Agreement") with Viva Media AB, company registration No 556973-4675, Stålgatan 20, SE-754 50 Uppsala, Sweden ("Viva Media").
This Agreement sets forth the legally binding terms and conditions for the Company’s use of the Site and the Services at vivareport.com.
If the Company is creating an account on behalf of, or in order to be able to assists its customers, i.e. an advertising agency or likewise, the Company shall enter the VIVA Report – terms and conditions for multi-users.
- The "Company" means the company which creates an account on the Site, and by that will or is using the Service at the Site for its own needs.
- The "Service" means a statistics service as described in clause 2.
- The "Site" means https://vivareport.com.
- "Viva Media" means the company providing the Site and the Service and which is defined above.
- Description and use of the Service
- The Service offers a tool for statistics which gives a quick and easy overview of how the total traffic for the Company’s site looks like and what the traffic gives for efficacy.
- The Service is web based and the information and statistics is presented quickly, simply and clearly, whenever and wherever to the Company. The Service is available 24/7.
- The Service is offered free of charge and "AS IS".
- In order to be able to use the Service for the media which the Company is interested in, the Company needs to deliver the Company’s login information for each media. The Service will then have access to the different media and can deliver the statistics to the Company.
- All data is archived under the Company’s account as long as the account is active, the Company has therefore always access to the history data. The Service therefore includes a backup of your data.
- The Company is only allowed to use the Service for its own account, i.e its internal needs.
- Viva Media is not obliged to offer any support or other technical help to the Company.
- The Company’s obligations and responsibilities
- The Company shall not interfere with or disrupt the Service or networks connected to the Site or through the use of the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or through the use of the Service, or otherwise interfere with the Service in any way.
- The Company agree that Viva Media may store and display (only to the Company) the data within the Service. The Company furthermore agree that Viva Media may use the stored data for its own statistics and analysis provided that the data can not be derived to the Company, whether the Company’s Agreement is valid or not and regardless as to time.
- Intellectual Property Rights
- The Site and the Service and their contents, features and functionality are owned by Viva Media and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws in Sweden and worldwide.
- Title to, ownership of, and all rights in patents, copyrights, trademarks, other intellectual property rights together with any and all information, data, software, material and documents of any kind provided and/or disclosed by Viva Media to the Company is the exclusive property of Viva Media. Nothing in this Agreement, aside from clause 2, shall be construed as granting to the Company any right with respect to information, data etc. from Viva Media.
- Viva Media represents and warrants to the Company that the intellectual property rights of Viva Media are correct and adequate in all material respects.
- Viva Media does not warrant the availability or the use of the Site and the Service. Viva Media does not warrant that the Service provided under this Agreement will be uninterrupted or error free; or that it will meet the Company’s requirements, other than as expressly set out in this Agreement.
- Except for the warranties set forth in this clause 6, Viva Media explicitly disclaims all other warranties hereunder, expressed or implied, including but not limited to the warranties of the Service being fit for a particular purpose.
- The Company shall have complete and exclusive responsibility for all its activities concerning the Service and the Site and the Company undertakes to indemnify and hold harmless Viva Media of any liability, directly or indirectly, resulting from the Use of the Service, including but not limited to claims from third parties.
- Limitation of liability
- In no event will Viva Media be liable for any damages whether direct, special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service.
- Viva Media is not liable for the Company’s loss of data.
- Term and Termination
- This Agreement shall enter into force when the Company accepts this Agreement at the Site and shall continue in effect as long as the Company uses the Service.
- Viva Media may terminate the Company’s access to the Service and the Site, without cause or notice, which may result in the forfeiture and destruction of all stored data associated with the Company.
- Even if the Company terminates the Agreement, Viva Media reserves the right to gather and store data until the Company actively closes its account.
- All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Each party undertakes, without limitation in time, not to disclose confidential information, which the party receives from the other party or which arises during performance of the Agreement, to a third party.
- "Confidential information" refers in this Agreement to any item of information - technical, commercial or of any other nature - regardless of whether or not such information has been documented, with the exception of:
In cases referred to by C, above, the party is not however entitled to reveal to third parties that the same information has been received from the other party pursuant to this Agreement.
- information which is generally known or which becomes a matter of general knowledge in a manner other than through a party’s breach of the provisions of the Agreement;
- information which a party can prove that it had possessed before it received it from the other party;
- information which a party received or will receive from a third party when not having a duty of secrecy to such party.
- The Company may not in wholly or partly assign or pledge its rights and/or obligations under this Agreement to any third party without the prior written approval of Viva Media.
- Viva Media reserves the right, at its sole discretion, to modify or replace these terms and conditions by posting the updated terms on the Site. The Company’s continued use of the Site and the Service after any such changes constitutes the Company’s acceptance of the new terms and conditions.
- If the Company does not agree to any of this Agreement or any amendments to this Agreement, the Company shall not use, access or continue to access the Site and the Service and shall discontinue any use of the Site and Service immediately.
- Entire Agreement
- The Agreement constitutes the entire Agreement between the parties on all issues to which the Agreement relates.
- Governing law and disputes
- This Agreement shall be construed in accordance with and governed by the laws of Sweden, excluding its conflict of laws rules.
- Disputes arising from this Agreement shall be finally settled by arbitration at the Stockholm Chamber of Commerce Arbitration Institute (Institute).
- The Rules for Expedited Arbitration shall apply unless the Institute due to the complexity of the case, dispute and other circumstances, determines that the Rules of the Arbitration Institute shall apply to proceedings. In the latter case the Institute shall also decide whether the arbitral tribunal shall consist of one or three arbitrators.
- The arbitration shall take place in Stockholm.
- Each Party undertakes, without limitation in time, not without a compelling reason to reveal
- The content of this Agreement or arbitration in respect of this Agreement, or
- information about negotiations, arbitration or mediation in respect of this Agreement.