VIVA LIVA INC. TERMS OF USE

Welcome to VivaLiva.com. This website (the "Site") is operated by Viva Liva Inc. ("Viva Liva"). Access and use of the Site, and the information and the services thereon (collectively, the "Services") is provided to you by Viva Liva on the condition that you accept this agreement (the "Agreement"), the Privacy Policy, any other terms and conditions posted on this Website, and any other written agreement between you and us, as the same may be modified from time to time. By accessing, browsing, registering on and/or otherwise using the Site, you agree to accept and comply with this Agreement and you agree to be bound by the terms of our Privacy Policy. You further agree that this Agreement is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms and conditions.

You agree to use the Site only for lawful purposes, and that you will not use the Site in any manner that interferes with its security or normal operation or with any other user's use of the Site. You further agree that you will not access the Site by any means except through interfaces provided by Viva Liva for access to the Site. You further agree that if you create a listing on the Site, you are fully authorized to do so and are the owner or a representative of the owner of the property.

In the event that you use the Site in a way that violates our Terms Of Use, we reserve the right to remove your listing, delete your account and/or pursue any reasonable action to protect other users of the Site. This action may or may not include legal action. Any payment that you have made to Viva Liva will not be refunded in you violate our Terms Of Use.

You must be at least eighteen (18) years of age to use this Site, and fully able and competent to enter into the terms and conditions set out in this Agreement.

As a condition to your use of the Site, you agree not to solicit any persons (landlord, tenants or otherwise) that use the Site.

This is an agreement between you and Viva Liva INC.

By using the VivaLiva.com website ("service"), a service by Viva Liva INC. ("Viva Liva"), you agree to be bound by the following terms and conditions ("Terms of Use").

Viva Liva reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and features, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Copyright.

All content included on Viva Liva - including but not limited to all text, graphics, logos, icons, images, audio clips, videos, information, documents, products and services, products and services, and software (collectively, the "Goods") - is the property of Viva Liva or its affiliates or content suppliers, and is protected by Canada and international copyright laws. The compilation of all content on the Viva Liva site is the exclusive property of Viva Liva and protected by Canada and international copyright laws. Except as stated herein, none of the Goods may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Viva Liva.

Limited License.

Viva Liva grants you a limited license that authorizes you to view, copy, download and print materials made available on this website, provided that:

  • you are a potential or actual renter, the materials are used solely for personal, non-commercial purposes and if you are a property owner/manager, the materials are used only for the purposes of using the services offered by Viva Liva;
  • the materials are not modified or redistributed; and
  • all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such materials.

Any unauthorized use terminates the permission or license granted by Viva Liva.

Your license to us.

When you give Viva Liva or otherwise authorize us to use content, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity and database rights related to the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.

Trademarks.

VivaLiva.com, VivaLiva.ca, Viva Liva, other trademarks, trade names and service marks (the "Marks") displayed on this website are the property of Viva Liva or it's affiliates. Viva Liva graphics, logos, page headers, button icons, scripts, code and service names are trademarks or trade dress of Viva Liva or its affiliates. Users are not permitted to copy or otherwise use these Marks without the prior written consent of Viva Liva or such affiliate, which may own the Mark.

Devices.

You agree that you will not use any robot, spider, script, other automatic device, or manual process to monitor or copy our website pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Viva Liva site or any listing, offer or transaction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Cookies.

A "cookie" is a small piece of information sent by a Web server to store in a Web browser so that it can later be read back from that browser. We may use cookies to store some personal preferences for your future visits. Cookies allow us to recognize you more quickly; therefore, your experience on the Site can be more personalized and productive. Cookies are an industry standard and are used at most major Websites in much the same way we use them. Viva Liva or our service providers may place cookies or web beacons on your computer when you visit portions of our website. We may use permanent cookies to provide personalized features. We use session cookies, which are deleted when you log out of the Website or browse to a different website, to monitor and improve the functionality and usability of our website. You may block our cookies by changing the settings on your browser (contact your ISP for help), but doing so may prevent us from delivering certain services to you. We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness.

Applicable laws.

By visiting VivaLiva.com, you will comply with all applicable laws, statues, ordinances and regulations regarding your use of our service and any related activities, in the case of any dispute, provincial laws will govern these terms of use and any dispute on any sort that may arise between you and VivaLiva.com.

Resolution of disputes.

If a dispute arises between you and Viva Liva, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Viva Liva agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") by way of a Dispute Resolution Service. Before resorting to this alternative, we strongly encourage you to first Contact Us directly to seek a resolution. We will consider reasonable requests to resolve the dispute before proceeding with alternative dispute resolution procedures.

Payments, Refunds & Termination.

  • There are no Refunds, all payments are final
  • Viva Liva reserves the right to revoke your access and terminate your listing and the use of the website if it is in any way fraudulent, offensive, violates any applicable laws or is false or misleading without notice or refund.

Disclaimer of warranties and limitation of liability.

  • The Viva Liva site is provided by Viva Liva on an "as is" basis and "as available" basis.
  • Viva Liva makes no representations or warranties of any kind, expressed or implied, as to the operation of this site or the information, content, materials, or services included on this site.
  • You expressly agree that your use of this site is at your sole risk.
  • You expressly understand and agree that Viva Liva 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 Viva Liva has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the service; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the service; (5) termination of your account; or (6) any other matter relating to the service.

Release.

In the event that you have a dispute with one or more users, you release Viva Liva, its parent and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.

Indemnity.

You will indemnify and hold Viva Liva (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.

Modification of the Site.

Viva Liva may, at its sole discretion, improve, modify or remove any information or content appearing on the website at any time for any reason. Viva Liva may discontinue or revise any or all aspects of the website in its sole discretion and without prior notice.

Modification of these Terms of Use.

Viva Liva reserves the right to change the terms, conditions, and notices under which this Web site is offered at any time. Modification of this contract will be deemed effective upon publication on the Web site with respect to any Renters or Lessor actions, communications or transactions occurring after said date. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

Privacy.

We view the protection of users' privacy as a very important principle and will only use your information as described in the Privacy Policy. We do not sell your personal information to third parties for their marketing purposes without your explicit consent, and we use your information only as described in the Privacy Policy. We store and process your information on computers in Canada or any other country in which we or our affiliates, subsidiaries or agents maintain facilities, and by using our Website, you acknowledge and agree that you may be transferring your personal data outside of the country in which you have contributed it, and that you consent to any such transfer of information outside of your country. These countries may not have similar data protection laws to those that apply in your country. However, if we transfer your personal data outside of your country in this way, we will take steps to ensure that your privacy rights continue to be protected in compliance with applicable data protection law and this Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.

Your content.

For clarity, you retain all of your ownership rights to your content, including, but not limited to, photos and property information. However, by submitting content to the Site, you hereby grant Viva Liva a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Viva Liva’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your content through the Service, and to use, distribute, and display such content as permitted through the functionality of the Service and under these Terms of Use. Viva Liva may retain, but not display, distribute, or perform, server copies of your content that have been removed or deleted.

You further agree that any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Viva Liva all of the license rights granted herein.

Unsolicited Submissions.

In order to avoid potential misunderstandings or disputes, Viva Liva does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to us, you automatically grant (or warrant that the owner of the Submissions grants) to Viva Liva and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Viva Liva or its successors, assigns and licensees. You further agree, represent and warrant that all moral rights in the Submissions are waived in favour of Viva Liva and its successors, assigns and licensees.17. Services not provided.In connection with your use of Viva Liva website and/or services, you acknowledge and agree as follows:(1) Viva Liva does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals;(2) Viva Liva does not render legal, brokerage, or other professional advice or services;(3) Viva Liva is not undertaking any, and has no, fiduciary duties to either Renters or Lessors, including, without limitation, the obligation to inspect rental properties or to verify the veracity of information contained in a preview of your property or Offers;(4) Viva Liva is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this website;(5) Viva Liva does not guarantee the accuracy of any information available on this website, and is not responsible for any errors, omissions, or misrepresentations, whether made by Renters or otherwise and all information obtained on this website or from Renters must be verified independently;(6) Viva Liva may make changes to its products and/or services and this website at any time and without notifying you or receiving your consent; and(7) Viva Liva does not monitor transmissions of information by Renters and Lessors and thus assumes no liability for Renters' and/or Lessors' failures to comply with such laws.18. Interpretation.All references in this Agreement to "Viva Liva", "we", "us", "our" and like terms should be interpreted as referring to Viva Liva INC.The insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement.Feel free to contact us regarding our Terms of Use or Privacy Policy.

Services not provided.

In connection with your use of Viva Liva website and/or services, you acknowledge and agree as follows:

  • Viva Liva does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals;
  • Viva Liva does not render legal, brokerage, or other professional advice or services;
  • Viva Liva is not undertaking any, and has no, fiduciary duties to either Renters or Lessors, including, without limitation, the obligation to inspect rental properties or to verify the veracity of information contained in a preview of your property or Offers;
  • Viva Liva is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this website;
  • Viva Liva does not guarantee the accuracy of any information available on this website, and is not responsible for any errors, omissions, or misrepresentations, whether made by Renters or otherwise and all information obtained on this website or from Renters must be verified independently;
  • Viva Liva may make changes to its products and/or services and this website at any time and without notifying you or receiving your consent; and
  • Viva Liva does not monitor transmissions of information by Renters and Lessors and thus assumes no liability for Renters' and/or Lessors' failures to comply with such laws.

Interpretation.

All references in this Agreement to "Viva Liva", "we", "us", "our" and like terms should be interpreted as referring to Viva Liva INC.

The insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

Feel free to contact us regarding our Terms of Use or Privacy Policy.

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