Scope of Terms
Vivid may provide activity or program specific Terms of Service, for example when Vivid provides interactive Materials and/or enables User Generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect.
Security and Privacy
Personal Information: Information submitted to Vivid through forms on the Web Sites or Materials is governed according to Vivid's Data Security and Privacy Notice.
Personal Non-Commercial Use: This Web Site is for personal and non-commercial use. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials.
You may not use or facilitate the use of this site or any Materials in connection with any infringement analysis concerning Vivid products. By your use of this site or any Materials, you agree to grant Vivid a non-exclusive, royalty-free license to any patent claim thereafter drafted which includes subject matter disclosed on this site.
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Use the Web Sites, Materials, Services or activities to "stalk" or otherwise harass or harm another, or derail activities related to the materials from the intended purposes;
- Impersonate any person or entity, including, but not limited to, a Vivid official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site or Materials;
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available 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;
- Use the Web Site or Materials in any manner that could damage, disable, overburden, or impair any Vivid server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site or Materials or interfere with any other party's use and enjoyment of the Web Sites or Materials;
- Attempt to gain unauthorized access to any Web Site or Material, other accounts, computer systems or networks connected to any Vivid server or Materials, through cracking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites or Materials;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to any regulations having the force of law.
Notices and Disclosures
Exclusions of Warranty: The Materials and Vivid Web Sites are provided by Vivid as a service to its customers and are for informational purposes only. You expressly understand and agree that:
- Your use of the web sites and materials is at your sole risk and that the services are provided "as is" and "as available" without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose.
- Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from any such material.
- In no event shall Vivid or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the web sites or materials, even if Vivid has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Limitation of Liability: You expressly understand and agree that Vivid and its licensors shall not be liable to you for:
- In no event shall Vivid and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of any software, documents, provision of or failure to provide services, Information Services, Materials, and other offerings.
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any content, or any changes Vivid may make to the services, documents, web site, content, Information Services, Materials, or for any permanent or temporary cessation in the provision of the Information Services (or any features within); or if applicable, your failure to keep your password or account details secure and confidential;
- These limitations on Vivid's liability shall apply whether or not Vivid has been advised of or should have been aware of the possibility of any such losses.
Accuracy and Completeness: Vivid does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Web Sites or Materials.
Changes and Updates: Vivid reserves the right to modify or discontinue, temporarily or permanently, Web Sites or Materials (or any part thereof) with or without notice. Vivid may make changes to Web Sites or Materials, or to the products described therein, at any time without notice. Vivid makes no commitment to update the Web Sites or Materials.
Content Related Notices
Ownership: You acknowledge and agree that Vivid owns all legal rights, title and interest in and to the Materials and Web Sites, including any Vivid trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Vivid's prior written permission. Except as expressly provided herein, Vivid does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
User Content Submissions
Definition: User content submissions may include but not be limited to user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the "User Content") on any Vivid Web Site. The content submitted by users is referred to here after as "User Content".
Non-Endorsement: Vivid does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Vivid expressly disclaims any and all liability in connection with User Content submissions. Vivid does not permit copyright infringing activities and infringement of intellectual property rights on its Web Sites, and Vivid will remove User Content if properly notified that such submission infringes on another's intellectual property rights in accordance with the relevant provisions. Vivid reserves the right to remove User Content at its sole discretion and without prior notice.
Ownership: Vivid does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Web Sites or Materials, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Web Sites or Material. Unless otherwise agreed to in writing, there is no compensation for User Content. Vivid is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized Vivid representative, any material, information or other communication you transmit or post to a Web Site will be considered non-confidential and non-proprietary.
License: Unless other specified on the Web Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such user content you grant Vivid, necessary sub-licensees and Web Site users, a perpetual, irrevocable and fully sub-licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
User Submitted Code: Any user submitted code or materials posted on a Vivid web site is supplied under license from the submitter, and should be used or downloaded in accordance with any license terms specified. Vivid is not responsible for user submitted code nor warrants that it will work correctly.
Limitations: With regard to information on Vivid products in the website or materials no license, express or implied, by estoppel or otherwise, to any intellectual property rights is granted to you. Except as provided in Vivid's terms and conditions of sale for such offerings, Vivid assumes no liability whatsoever, and Vivid disclaims any express or implied warranty, relating to sale and/or use of Vivid products including liability or warranties relating to fitness for a particular purpose, merchantability, or infringement of any patent, copyright or other intellectual property right.
Use of Vivid Products and Services: Vivid products and services are not intended for use in medical, life saving, life sustaining applications. Unless otherwise agreed in writing by Vivid, the Vivid products and services are not designed nor intended for any application in which the failure of the Vivid product could create a situation where personal injury or death may occur.
Changes to Specifications: Vivid may make changes to specifications and product descriptions at any time, without notice. The product information on the Web Site or Materials is subject to change without notice. Do not finalize a design with this information.
Defects and Errata: The products described in the Web Site or Materials may contain design defects or errors known as errata which may cause the product to deviate from published specifications. Vivid updates errata on the Website on a best effort basis. Contact Vivid by email to obtain the latest specifications before placing your order.
Benchmarks and Performance Claims: Any performance tests and ratings provided in the Web Site or Materials are measured using specific computer systems and/or components and reflect the approximate performance of Vivid products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. You should consult other sources of information and performance tests to assist you in fully evaluating your contemplated purchases, including the performance of that product when combined with other products.
Non-Vivid Benchmarks: Vivid does not control or audit the design or implementation of third party benchmarks or Web sites referenced in the Materials or on the Web Sites. Vivid encourages all of its customers to visit the referenced Web sites or others where similar performance benchmarks are reported and confirm whether the referenced benchmarks are accurate and reflect performance of systems available for purchase.
Simulated Benchmarks: Results that have been simulated are provided for informational purposes only. Results were derived using simulations run on a system expressly designed for this purpose. Any difference in system hardware or software design or configuration or operational environment factors may affect actual performance.
Notice Specific to Vivid Software
Any Vivid software that is made available to download from the Web Sites or made available through third parties ("Software") is the copyrighted work of Vivid and/or its affiliates. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless they first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of Vivid software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement accompanying such software. The software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, Vivid hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, Vivid may make available as part of the web site or in its software products, tools and utilities for use and/or download. Vivid does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in Vivid software products.
Notice Specific to Vivid Documents
Permission to use Vivid owned white papers, press releases, datasheets, specification documents, FAQs, etc. ("Documents") from the Web Sites is granted, provided that (1) Vivid's copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.
Documents specified above do not include the design or layout of the Web Site or any other Vivid owned, operated, licensed or controlled site. Elements of the Web Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Web Site may be copied or retransmitted unless expressly permitted by Vivid.
Vivid makes no representations about the suitability of the information contained in the documents and related graphics published on the web site for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Vivid hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Vivid and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the web site could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Vivid may make improvements and/or changes in the product(s) and/or the program(s) described at any time.
Links to Other Materials or Sites
The linked sites are not under the control of Vivid and Vivid is not responsible for the content of any linked site or any link contained in a linked site. Vivid reserves the right to terminate any link or linking program at any time. Vivid does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked from or to this Site, you do this entirely at your own risk.
All information available on the Web Site may be subject to the laws of the country where you reside.
Vivid makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where such content is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms constitute the entire agreement between you and Vivid Inc. and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and Vivid shall be governed by the laws of Japan without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the Country. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
In the case of any violation of these rules and regulations, Vivid reserves the right to seek all remedies available by law and in equity for such violations.
Changes to this Notice