Terms and Conditions ("Terms") 📑
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Activvely mobile application (the "App") operated by Activvely Inc. ("us", "we", or "our"). Seriously, they’re really important!
Your access to and use of the App is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the App. So, you should totally read them!
By accessing or using the App you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the App. Sorry, not sorry.
When you create an account with us, you must login in using your email account, which is totally standard nowadays.
You also guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the App.
You are responsible for maintaining the confidentiality of your account and login email, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. Deal? Also, you may not use as a username any name that is offensive, vulgar or obscene. That wouldn’t be chill at all.
If there comes a time when you feel you have to part ways with us, we’ll be super sad to see you go, but completely understand. So, If you wish to terminate your account, you may simply discontinue using the App or you can delete your account at any time. Your account will be deleted ASAP but the ghost of your account aka Your Content may take a while before it completely disappears.
By creating an Account on our app, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Our App allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). Hooray! You are responsible for the Content that you post on or through the App, including its legality, reliability, and appropriateness. So, play fair!
By posting Content on or through the App, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You’d leave us with no choice.
You retain any and all of your rights to any Content you submit, post or display on or through the App and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the App. However, by posting Content using the App you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the App. You agree that this license includes the right for us to make your Content available to other users of the App, who may also use your Content subject to these Terms.
Activvely Inc. has the right but not the obligation to monitor and edit all Content provided by users. K?
In addition, Content found on or through this App are the property of Activvely Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. That would be a major party foul.
Copyright Policy ©
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the App infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the App on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims 📩
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's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the App where the material that you claim is infringing is located;
your address, telephone number, and email 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.
You can contact our Copyright Agent via email at email@example.com
Intellectual Property 📓
The App and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Activvely Inc. and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or app without the prior written consent of Activvely Inc.
Links To Other Web Sites 🔗
Our App may contain links to third party web sites or apps that are not owned or controlled by Activvely Inc.
Activvely Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or apps. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Activvely Inc. 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 use of or reliance on any such content, goods or apps available on or through any such third party web sites or apps.
At the risk of sounding like a broken record: We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or apps that you visit.
This would be a huge bummer, but we may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Activvely Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the App, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the App.
Limitation Of Liability 👇🏼
In no event shall Activvely Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the App is at your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Activvely Inc., its subsidiaries, affiliates, and its licensors do not warrant that a) the App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the App will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law 📃
These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have had between us regarding the App.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.
Contact Us 🙋🏼♀️
If you have any questions about these Terms, please contact us.
Effective Date 🗓