Terms and Conditions.


IMPORTANT - PLEASE READ CAREFULLY.

Before creating a free account, read the terms and conditions of this agreement carefully. Indicating your acceptance and agreement of the terms and conditions contained in this agreement binds you ('subscriber') to said agreement. If you are not willing to be bound by these terms and conditions you should promptly exit this site and refrain from using its services. In the case that the subscriber is not of legal age of majority or is by some other statute not permitted by law to enter into this agreement, the subscriber acknowledges that vivabank.com is providing services that is not in any opposition to said subscriber's legal guardians. We reserve the right to discontinue services if and when the subscriber does not otherwise comply with these terms and conditions. Responding to the Children's Online Privacy Protection Act ('COPPA'), we require all subscribers be at least thirteen (13) years of age.

GRANT OF RIGHTS TO USE SERVICES.

Upon entering this agreement, subscribers will have no right to reproduce, distribute, sell or resell, duplicate, create derivative works, or exploit any portion of our services for commercial purposes; nor make a claim that it has any such right. Furthermore, the subscriber is exclusively responsible for obtaining all equipment and necessary approvals to connect to the World Wide Web. The subscriber acknowledges and agrees to be granted a personal license to use the services provided by this site in a nonexclusive, non-transferable, and revocable capacity. Vivabank retains all rights and interest to services including copyrights, trademarks, patents and intellectual property rights including auxiliary services associated and provided as part of the services. Subscribers have no rights to grant sublicenses, leases, or other rights to services found on this site to any third party.

SUBSCRIBER REGISTRATION.

The subscriber agrees to provide true, accurate, complete and current data upon signing up for the services and requests of Vivabank.com. Vivabank reserves the right to suspend, terminate, and refuse services (both current and future) to any subscriber that provides inaccurate, false, or incomplete / noncurrent data. Subscribers shall promptly update registration data and insure all data is current. Vivabank reserves the right to distribute registration data to third parties with the consent of the subscriber. During the registration process, the subscriber will create a user ID and password for their respective account. It is the responsibility of the subscriber to maintain the confidentiality of said information, and will be responsible for any and all transactions or other activities performed as a result of said information being disclosed. The subscriber shall promptly notify Vivabank.com if and when any unauthorized use of their account has been performed along with any other breach of security. Furthermore, subscribers will not give account information to third parties.

TERMINATION - SERVICE MODIFICATIONS.

Vivabank.com reserves the right to modify or discontinue the services at any time during the term of this agreement, with or without notice to its subscribers. Vivabank.com may at any time and with or without notice, at its sole discretion, change: existing or establish new practices, restrictions, and limitations to any amount it deems fit. Accounts that have been inactive for extended periods of time may be viewed as forfeited and deleted by Vivabank.com. Vivabank.com will not be held liable to any third parties or subscribers themselves, in part or wholly, for modifying or terminating services to its site. Subscribers are solely responsible for backing up any information they deem critical or important stored on Vivabank.com. Vivabank.com will not be held responsible in the event of a subscriber's data being lost.

AGREEMENT MODIFICATIONS.

A revised version of this agreement may be posted at any time by Vivabank.com, and the continued use of this site after any said postings will constitute an agreement with any and all changes. If the subscriber disagrees with any changes, the subscriber must immediately cease the use of all services provided by Vivabank.com.

SUBSCRIBER'S RIGHTS TO CHANGE OR END THIS AGREEMENT.

Following a written notice to Vivabank.com, a subscriber may terminate its rights to receive services provided by this site. Upon said termination, the subscriber shall cease the use of this site and Vivabank.com will in turn have no obligations whatsoever to the subscriber. Changes in services requested by the subscriber will be made solely at the discretion of Vivabank.com The 'Contact Us' page will provide an avenue to submit any and all written requests to cancel accounts.

VIVABANK'S RIGHT TO RESTRICT OR TERMINATE SERVICES PROVIDED BY THIS AGREEMENT.

At the sole discretion of Vivabank.com, a subscriber's account may be restricted, suspended, or terminated at any time with or without notice. Upon said courses of action, Vivabank may promptly delete the subscriber's account and all related files and information within and/or attached to said account and bar further access or said files and information.

LIMITATION OF LIABILITY.

Under no circumstance or event will Vivabank.com be liable to any third parties or subscribers for indirect, incidental, special, or consequential damages arising from any theory of liability. The maximum liability for damages, if any, no matter through what form of action, will not exceed any license fee paid by the subscriber for the use of this site. Limitations specified herein this section shall survive and be applied even in the case of a limited remedy specified elsewhere in this agreement is discovered to have failed its essential purpose.

IDEMNIFICATION.

Vivabank.com, its executives, directors, officers, agents, and employees shall be held harmless and indemnified of any losses, expenses (to include any reasonable attorney fees), costs, liabilities, damages (even resulting from negligent acts), and wilful misconduct and omissions from subscribers, by any and all subscribers of this site.

INTERNATIONAL USE.

Vivabank.com will make no representation that materials on its site are available for use in areas outside of the United States of America. Subscribers agree they will comply with all foreign and domestic laws, regarding the transmission of data both within and between the United States, and within the subscriber's host country. Furthermore, accessing this site from countries that deem the material displayed illegal is prohibited.

RULES AND REGULATIONS.

Any transmissions sent through this site will be the sole liability of the subscriber. Subscribers are prohibited from using the services provided by this site to create and / or distribute any content that is harassing, obscene, fraudulent, malicious, or infringing; nor will any subscriber be allowed to participate in activity deemed unethical, immoral, or illegal. All subscribers agree to abide by all policies and rules set forth by Vivabank.com and any associated third party networks.

WARRANTY DISCLAIMER.

Vivabank.com makes no warranties neither expressed nor implied, including but not limited to, the implied warranties of merchantability for a certain purpose and any similar warranty whether it arises under a provision or law of the United States. Furthermore, all services are provided 'as available' and 'as is'. No warranty will be provided that the services of this site will meet any requirements by the subscriber, or that said services will be uninterrupted, secure, error free, timely, or that defects in the aforementioned services will be corrected. Vivabank.com is not responsible for interruptions in the services, information lost or misdirected, or general Internet issues. No accuracy or reliability of the result obtained by the use of this site or information downloaded or otherwise obtained is warrantied to be accurate or reliable by Vivabank.com. All data obtained by the subscriber is acknowledged to be and agreed to be the subscriber's sole risk and discretion. Vivabank will not be liable or responsible for any damage to subscribers or their property. Unless expressly stated in this agreement, no advice - neither verbal nor written - obtained by a subscriber through the use of this site or its employees shall create any warrant.

ELECTRONIC TRANSACTIONS.

Subscribers transacting through and with vivabank.com agree to have copies of all respective documentation received electronically. All information and documentation sent to vivabank.com will also be done so electronically. The subscriber further agrees that's any electronic documentation will be legally binding and treated the same as documentation sent and received through printed and mailed material. In cases in which a signature is required to complete a transaction, the subscriber agrees to comply with commercially attribution procedures, established by law and agreed to mutually agreed to by all parties, for authentication of records. Without any limits to the foregoing, subscribers agree that by logging in with their username and password, said process will constitute as a legally binding signature. By subscribing to this site, you, the subscriber agrees to not hold vivabank.com responsible for failure to receive any electronic documentation. Furthermore, the subscriber agrees to immediately notify vivabank.com of any electronic documentation that is expected but not received. Vivabank.com reserves the right to change expected delivery methods of documentations, and the responsibilities of the subscriber, at any time, and without notice, at vivabank.com's sole discretion. Subscribers agree to take all reasonable measures to ensure the security and confidentiality of all login information issued, and also agree to notify vivabank.com immediately in the case of a breach or the discovery of any credentials being given out (either intentionally or unintentionally). All subscribers must review their transaction(s) carefully. Once accepted, transactions become final, legally binding, and unchangeable.

THIRD PARTY ADVIERTISER.

Transactions entered into with advertisers, while allowed, will be solely between the subscriber and the advertiser. Vivabank.com will have no responsibility in connection with any such transactions (including but not limited to: information, services, etc. provided by said advertisers).

GENERAL.

This agreement defines the entire agreement (including all respective documentation), and merges any and all prior correspondence. If any of this agreement ever becomes deemed illegal or void, the remaining portions of this agreement shall remain in force and effect. Any said portions deemed illegal will be constructed as nearly as possible to reflect the intention of involved parties. Notices to this agreement will be done so in writing, delivered by email. This agreement is constructed in accordance with the laws of the State of New York with no regard to conflicts of law. All parties submit to the sole jurisdiction of courts located in Colorado, both federal and State, and irrevocably waive all rights a party may have to declare the courts location inconvenient or lacking jurisdiction. Vivabank.com shall be entitled to injunctive relief plus all other remedies available in law and equity in the case that the subscriber breaches an of the provisions regarding ownership contained in this agreement. Provisions of this agreement in relation to intellectual property (IP) ownership, disclaimers, limitations, warranties, restrictions, and liabilities will survive termination or expiration of this agreement without limitation. Any failure to exercise rights by Vivabank.com will not constitute a waiver of said rights or affect the validity of this agreement in any way. All subscribers agree to not transfer or reassign this agreement or their rights. Transfers of this agreement will void this agreement. Further, this agreement will be considered binding on and inure the benefit of all parties mentioned, their successors, and agreed upon assigns, and legal counsellors. Subscribers will not be covered under the United Nations Convention on Contracts for the International Sale of Goods nor its policies applicable. Section titles listed throughout this agreement are for reference points and convenience only and will have no legal or contractual weight. If you do not accept any or all of the terms listed throughout this agreement, please promptly exit this webpage.

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