Terms of Service

By using ViralKivi at http://ViralKivi.com (the “Service”), a you accept the following terms and conditions (the “Terms of Service”). Please also be aware of the Privacy Policy located on ViralKivi. Usage of the service is also governed by the privacy policy. In case of inconsistency between the TOS and the privacy policy, these terms of service shall prevail.

USER REGISTRATION OBLIGATIONS

You agree that any and all information provided during the registration process (“Registration Data”) is true, accurate, up to date and complete. You also agree to update and maintain Registration Data so that it is true, accurate, up-to-date and complete. ViralKivi reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time. By posting your ViralKivi channel on Facebook you agree to abide by the terms and policies set by these platforms for these kinds of content.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Upon completing the registration process you will receive a password and account ID. You and you alone are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your password and account. You further agree to notify ViralKivi in the event your password or account has been used without the proper authorization or there are other breaches of security of which you become aware. You also agree to exit from your account at the end of each session with the Service. ViralKivi will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply with this section. ViralKivi prohibits the sale or transfer of control of any ViralKivi account by the registered account holder to any other individual or party.

COPYRIGHT

We claim no ownership of any intellectual property rights over the Content that you upload to the Service. Any intellectual property rights in the uploaded Content belong solely to you (or your licensors). However, by uploading the Content to the Service, you grant ViralKivi a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, sublicense, and prepare derivative works of, such Content, in any format or medium now known or later developed, solely on and through the Service, subject to these Terms of Service and our privacy policy. You represent and warrant that you have sufficient rights to grant this license. You can remove your profile at any time by deleting your account which will remove all personally identifiable information. We will review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

  • A description of the copyrighted work that you claim has been infringed.;
  • Info sufficient to enable ViralKivi to locate the allegedly infringing Content on the Service;
  • Your address, phone number and email address;
  • Statement by you that you have good faith belief that the use of the Content is not authorized;
  • Statement by you that the info in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • A signature of the person authorized to act on behalf of the owner of the copyright interest.

Claims can be sent to help (at) ViralKivi.com

INDEMNITY

You agree to indemnify and hold harmless ViralKivi, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to the Content you Upload, your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party.

LIMITATION OF LIABILITY

  • The Service and the Software are made available to you for your convenience on an “as is” and “as available” basis. ViralKivi DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE OR THE SOFTWARE. ViralKivi does not warrant or represent that the Software will be free of all viruses. You understand that the Service and the Software are still alpha/beta versions and may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in these Terms of Use, you specifically agree that ViralKivi is not liable for any of the above issues. Moreover, you understand that ViralKivi does not warrant or represent that the Service and/or the Software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas.
  • We SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW.
  • If you are dissatisfied with the Service or the Software, or have any other disputes or claims with or against us with respect to the Service or the Software or these Terms of Use, then your sole and exclusive remedy is to discontinue using the Service and/or the Software.

PROHIBITED USES

You shall not, and shall not authorize or encourage any third party to:

  • add images or link to any Web page or any Web site that contains any hate-related, violent, pornographic, adult or illegal content;
  • “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any Channel;
  • disseminate malware;
  • Get your account suspended by Facebook. Facebook suspension will automatically cause ViralKivi suspension
  • create a new account to use the Program after ViralKivi has terminated this Agreement with You as a result of your breach of this Agreement;
  • engage in any action or practice that reflects poorly on ViralKivi or otherwise disparages or devalues ViralKivi’s reputation or goodwill.
  • Willfully violate the terms and conditions of any of the platforms we work with including Facebook and Youtube.
  • act in any way that violates any Program Policies posted on the ViralKivi Web Site, as may be revised from time to time, or any other agreement between You and the provides of the ViralKivi service

NOTICES FROM ViralKivi

From time to time, ViralKivi may send notices to you via email or regular mail, or display notices or links to notices on the Service. We encourage you to read these notices and check for them on a regular basis, because these notices will apply to you and your account immediately upon posting, whether or not you actually review them.

We are continuously developing the features and functionality of ViralKivi. Consequently, we reserve the right to modify these terms of service at any time at our sole discretion. You agree to be bound to such alterations when you use ViralKivi and the alterations shall be effective at the time of using ViralKivi. It is important that you review these Terms of Service regularly on ViralKivi to ensure you are updated on any modifications to these terms. If you are dissatisfied with or do not agree to abide by any altered Terms of Service, your sole remedy should be to close your account on ViralKivi and discontinue use of our service. If you close your account, channels associated with your name will be marked as Anonymous and be disassociated with your account. All user statistics when you request account removal will be reset on removal of your account.