TERMS AND CONDITIONS OF USE
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. Actvice only provides services to children under 18 if a parent is involved and purchases the services with their credit card or other permitted payment method. Actvice reserves the right to refuse service, terminate accounts, remove or edit content or cancel packages, in their sole discretion.
REGISTRATION AND PRICING.
In order to access certain features and services, including the ability to communicate with Actvice staff and other users of the Website (“Users”), upload videos and provide personal information, you must become a paying User to the Service. The terms of your payment will be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. Please see Registration for a description of the current package plans and their prices. Please note that the registration policies that are disclosed to you in registering to the Service are deemed part of this Agreement.
The Website and the Service are for the personal use of individuals Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Users and should not use the Service or the Website for any purpose whatsoever. Illegal and/or any unauthorized uses of the Website and the Service, including collecting usernames and/or email addresses of Users by electronic or other means for any purpose (including of sending unsolicited email and unauthorized framing of or linking to the Website) may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website and the Service is with the permission of Actvice, and may be revoked at any time, for any reason, in Actvice's sole discretion.
You are solely responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Actvice of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Actvice will not be liable for any loss or damage arising from your failure to comply with this provision. Use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Window's Live ID to your Actvice account.
COMMUNICATIONS BETWEEN USERS.
CONTENT ON ACTVICE.
Proprietary Rights. As between you and Actvice, Actvice owns and retains all proprietary rights in the Website and its content therein (“Site Content”) and the Service. The Website contains copyrighted material, trademarks, and any other proprietary information of Actvice, and its licensors. Except for that information which is in the public domain or for which you have been specifically granted written permission in advance, you may not copy, modify, publish, transmit, distribute, perform, display, sell or otherwise exploit, in any manner whatsoever, any such proprietary information.
RELIANCE ON SITE CONTENT, ADVICE, CRITIQUE, FEEDBACK, ETC.
Opinions, advice, statements, offers, critiques, feedback and other information or content made available through the Service, but not directly by Actvice, are those of the respective authors, and should not necessarily be relied upon. Such authors are solely responsible for said content and Actvice does not: (i) guarantee the accuracy, completeness, or usefulness of any such information on the service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such opinion, advice or statement made by any 3rd party that appears on the website. Under no circumstances will Actvice, its representatives, staff or affiliates, be responsible for any loss or damage resulting from reliance on information or other Site Content posted on the Website or transmitted to or by any 3rd party or other User.
LIABILITY OF ADVERTISEMENT SITE CONTENT.
NEWS, FEATURE ARTICLES AND OTHER INFORMATION SITE CONTENT.
Site Content may also include original news and features articles. All such Site Content is the sole responsibility of the writer submitting the articles. Actvice does not endorse, warrant, agree or disagree with of any the Site Content posted by independent writers and other 3rd parties. Site Content is protected by copyright, trademark, patent, trade secret and other laws. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Site Content. You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website or Service, use of the Website or Service, or access to the Website or Service.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You are solely responsible for the content that you publish or display on the Website or Service or transmit to other Users (“User Content”). User Content will not contain any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Actvice or to any other User. If information provided to Actvice, or other User, subsequently becomes inaccurate, misleading or false, you will promptly notify Actvice of such change. For User Content that is covered by intellectual property rights, including without limitation, photos, bios and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, royalty-free, worldwide license to use and to sub-license any IP content that you post on or in connection with Actvice ("IP License"). You acknowledge and agree that Actvice may, in its sole discretion, review and delete any User Content, posts, messages, emails, double-blind emails, photos or profiles, in whole or in part, that, in Actvice’s sole judgment, may violate this Agreement or which may be offensive in any way or illegal, or that might violate the rights, harm or cause injury, or threaten the safety of Users or other 3rd parties. By posting any such content mentioned in this paragraph 12, to any public area of Actvice, you automatically grant, and represent and warrant that you have the exclusive authority to grant, to Actvice, its representatives, staff, affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that posting and use of your User Content by Actvice will not infringe or violate the rights of any third party. The following is a partial list of the type of content that is illegal or prohibited on the Website. Actvice reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates the terms of this paragraph 12, including without limitation, removing offending communication from the Service and terminating the account of such violator(s). It includes, but is not limited to, content that:
-Is patently offensive such as content that in any way promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
-Harasses or advocates harassment of another person;
-Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
-Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
-Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
-Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
-Provides material that exploits people in a sexual or violent manner, or solicits personal information from anyone;
-User Content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence;
-Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
-Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
-Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. Your use of the Service, including but not limited to the content you post on the Service, must be in accordance with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, other User. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or Website or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other User. Although Actvice cannot monitor the conduct of its User off the Website, it is also a violation of these rules to use any information obtained from the Service or Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion. All information you include in your account profile must be accurate, current and complete.
Actvice reserves the right to investigate and terminate your account if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
-You will not impersonate any person or entity.
-You will not express or imply that any statements you make are endorsed by Actvice without our specific prior written consent.
-You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website or Service or its contents.
-You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
-You will not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website.
-You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
-You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website or Service.
-You will not "frame" or "mirror" any part of the Service or the Website, without Actvice 's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Actvice or the Service or the Website in order to direct any person to any other web site for any purpose.
-You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
MODIFICATIONS TO SERVICE.
Actvice reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Actvice shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
BLOCKING OF IP ADDRESSES.
In order to protect the integrity of the Service, Actvice reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.
DIGITAL MILLENNIUM COPYRIGHT ACT.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
•An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•A description of the copyrighted work that you claim has been infringed upon;
•A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
•Your address, telephone number, and e-mail address;
•A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that this procedure is exclusively for notifying ACTVICE.COM that your copyrighted material has been infringed.
Actvice is not responsible for any incorrect or inaccurate Site Content posted on the Website or in connection with the Service, whether caused by Users of the Website or by any of the equipment or programming associated with or utilized in the Service. Actvice is not responsible for the conduct, whether online or offline, of any User of the Website or Service. Actvice assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or User communications. Actvice is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Actvice or any of its representatives, staff, affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Site Content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Actvice expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Actvice cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or emailed to you is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Actvice makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Furthermore, Actvice provides advice, suggestions and recommendations only and makes no representations or warranties, express or implied, of any guarantees for offers of employment to the User.
The Website or Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Actvice has no control over such sites and resources, you acknowledge and agree that Actvice is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Site Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Actvice shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Site Content, goods or services available on or through any such site or resource.
LIMITATION ON LIABILITY.
Except in jurisdictions where such provisions are restricted, in no event will Actvice be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Actvice has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Actvice's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Actvice for the Service during the term of your registration period.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Agreement or Actvice exclusively in a state or federal court located in Los Angeles County. The laws of the State of California will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims. If anyone brings a claim against us related to your actions, content or information on Actvice, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. We try to keep Actvice up, bug-free, and safe, but you use it at your own risk. We are providing Actvice "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Actvice will be safe or secure. Actvice is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other Consequential, special, indirect, or incidental damages arising out of or in connection with this statement or Actvice, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this agreement or Actvice will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Actvice's liability will be limited to the fullest extent permitted by applicable law.
USERS OUTSIDE THE UNITED STATES.
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to Users outside the United States:
You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Actvice (such as advertising or payments) or operate a Platform application or website.
INDEMNITY BY YOU.
This Agreement contains the entire agreement between you and Actvice regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.