Terms of service

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PYVIT terms of service

Introduction:

Welcome to our Terms of Service! We appreciate your trust in our services and want to make sure you understand the rules of engagement. Please take a moment to review this document, as it outlines the terms and conditions that govern your use of our services. By accessing or using our services, you are entering into a binding contract with us, so it's important to be aware of these terms.

  1. Service Availability and Termination:

We have the right to make changes to our services, suspend, or terminate your access at our discretion. If we believe that you've violated our terms or acted inconsistently with this agreement, we may take action, including terminating your access. Please note that certain terms within this agreement will continue to apply even after termination.

  1. Access to Our Services:

Eligibility and registration requirements: To use our services, you must be at least 13 years old and legally able to enter into this agreement. Make sure your registration information is accurate and up-to-date. Protect your account and don't share your login information.

  1. Updates and Support:

We may provide updates to improve our services and may require you to use the latest version. We also offer user support, but we reserve the right to modify or discontinue this service as needed. Expect to receive messages from us, including marketing materials, and ensure your contact information is current.

  1. Rights and Restrictions on Use:

We grant you a limited license to use our apps and sites for personal use only. You may not copy, redistribute, or modify our content without permission. Please respect our rules and don't engage in prohibited conduct, such as scraping data or interfering with our services.

  1. Your Content:

You grant us a license to use your content within our services. Make sure you have the rights and permissions to share the content you post. If you choose to share content publicly, be aware that others may view, copy, and use it. We're not responsible for the content you share through our services.

  1. Inappropriate Content:

Don't post offensive or inappropriate content on our platform. This includes impersonation, illegal material, harmful content, pornography, and more. We reserve the right to determine what constitutes inappropriate content and take action accordingly.

  1. Links to Other Sites, Networks, Platforms, and Apps:

You may find links to third-party sites or apps within our services. Please be aware that we don't control these external services, and their terms and privacy policies may differ from ours. Use them at your own risk, and remember that our terms apply solely to our services.

We hope these revised terms provide you with a clearer understanding of our agreement. If you have any questions or concerns, please don't hesitate to reach out to us. We value your business and look forward to serving you.

  1. Ownership of Intellectual Property.

We want to make it clear that we hold the rights to our intellectual property, and we're granting you a limited license to use our Services based on this Agreement. It's important to note that using our Services doesn't grant you any ownership rights. Unless we specify otherwise, all the materials that make up our Services are owned, controlled, or licensed by PYVIT and are safeguarded by the law to prevent unauthorized use.

The entirety of our Services, including its contents, is protected under copyright, patent, trademark, and other intellectual property laws. PYVIT, our PYVIT logos, and all associated designs are trademarks and/or trade dress of PYVIT, and you cannot use them without our express written permission. Any other trademarks you encounter on our Services belong to their respective owners.

By using our Services or downloading/uploading materials to them, you agree not to reproduce, distribute, publish, create derivative works, publicly perform, publicly display, reverse engineer, reverse assemble, or attempt to discover any source code, sell, assign, sublicense, or otherwise transfer or exploit any rights related to the Services, unless expressly allowed in this Agreement. The limited licenses granted here don't amount to a sale of the Apps or Sites or any part of them. Rights that aren't explicitly granted here are reserved by PYVIT. Your use of the Apps and Sites should align with the permissions laid out in this Agreement.

  1. Export Control.

We need to emphasize the importance of complying with all export laws, both in the United States and abroad, concerning the importation and exportation of goods and services. You also confirm that you aren't located in any country under U.S. embargo or designated as a "terrorist supporting" country. Additionally, you're not listed on any United States list of prohibited or restricted parties.

  1. Use of Content in the Services.

Our Services are designed to enable you to "make video shoppable" and interact with content in various ways. Please understand that not all products and services may be available for purchase, and the content, terms, conditions, and descriptions within the Services can change. Availability may also vary by geographic area, and eligibility for specific products and services is subject to final determination by PYVIT or featured Brands.

  1. Feedback and Idea Submission.

If you provide us with feedback or ideas, we may choose to use or disregard them at our discretion, without any liability on our part. Any feedback, suggestions, ideas, or other submissions ("Ideas") shared with PYVIT in connection with the Services become the exclusive property of PYVIT. These Ideas are considered non-confidential, and PYVIT is not obligated to you, either contractually or otherwise. PYVIT has the freedom to use, sell, exploit, and disclose these Ideas in any manner, for any purpose, commercial or otherwise, without restrictions, attributions, or compensation to you.

  1. Digital Millennium Copyright Act.

If you believe a third party has infringed on your copyright through our Services, please follow our take-down procedure in compliance with the Digital Millennium Copyright Act (the "DMCA"). We respond to notices of alleged infringement that adhere to DMCA requirements. If the content in question is on a third-party site or application, you should contact that third party.

Please be aware that your notice of claim must meet the detailed requirements specified in the DMCA (see 17 U.S.C. § 512(c)(3)) to be effective. We encourage you to review these requirements before submitting your claim.

You can notify us of alleged infringement of intellectual property rights by contacting our Designated Agent at the following address:

Mail: 871 S Automall Drive, Suite B, American Fork, UT 84003

Attn: Legal: DMCA

Email: legal@PYVIT.com

Upon receiving notice of claimed infringement, we'll follow DMCA procedures to resolve the dispute between the notifying party and the alleged infringer who provided the content in question. Please refrain from sending any other communications to the Designated Agent, as their role is solely for receiving notices of copyright claims under the DMCA.

  1. Assignment.

PYVIT has the freedom to assign its rights and obligations under this Agreement without any restrictions. However, you cannot assign any rights or obligations under this Agreement without PYVIT's written consent.

  1. No Warranty/Disclaimers.

It's important to understand that our Services are provided "as is." Your use of the Services is entirely at your own risk. We provide the Services on an "as is," "where is," and "as available" basis.

To the extent permitted by law, PYVIT and its officers, agents, employees, affiliates, subsidiaries, parents, successors, and assigns (collectively, the "PYVIT Parties") explicitly disclaim all warranties, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose, merchantability, non-infringement, title, quality, performance, non-interference with information, and accuracy of informational content.

We cannot guarantee that the information provided through our Services or our efforts will meet your specific needs or purposes. PYVIT Parties do not assume or authorize anyone else to assume any additional liability related to the sale and use of the Services.

We aren't responsible for any errors, omissions, interruptions, deletions, defects, delays, communication line failures, theft, destruction, or unauthorized access to or alteration of the Services or any user communications. Whether the content posted on the Services is incorrect or inaccurate, whether by users or by the equipment or programming linked to or used in the Services, is not the responsibility of PYVIT Parties.

PYVIT Parties cannot guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. The information or results you obtain from using the Services may not always be accurate or reliable. Additionally, the quality of any products, services, information, or other materials you purchase or obtain through the Services may not meet your expectations.

When you download or otherwise obtain material through the Services, you do so at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data resulting from the download of such material. Any information, whether oral or written, obtained from PYVIT Parties or through the Services, only constitutes a warranty if it is expressly stated in the Agreement.

Please note that certain jurisdictions may not allow specific disclaimers, so some or all of this section may not apply to you.

  1. Limitation of Liability.

We want to clarify our legal liability to you, if any, in a straightforward manner. To the extent permitted by applicable law, PYVIT PARTIES, in collaboration with any third parties associated with the Services, will not be held responsible for various types of damages, including but not limited to direct, indirect, incidental, special, consequential, punitive, or exemplary damages. This encompasses losses such as profits, goodwill, use, data, or other intangible assets, even if we have previously mentioned the possibility of such damages.

It's important to note that the preceding provision may serve to limit the liability of the PYVIT PARTIES, even in cases of their own negligence, including gross negligence. If you find yourself dissatisfied with the Services or any information contained within them, or if you choose not to comply with the terms of the Agreement, your sole and exclusive recourse is to discontinue your use of the Services.

However, in accordance with applicable law, the total liability of PYVIT PARTIES towards you will not exceed the amount you paid to use the Services. Please be aware that certain jurisdictions may not permit the limitation of specific types of liabilities, so some or all of this section may not be applicable to you.

  1. Indemnification

You are kindly requested to provide defense, indemnify, and extend absolute protection to PYVIT Parties, including any affiliated third parties involved in the provision of our services. This protection extends to safeguarding against all conceivable claims, damages, costs, attorneys' fees, expenses, and settlements. This commitment applies irrespective of the legal grounds upon which these claims may arise—be it in contract, tort, statute, law, or equity. These claims may pertain to your use of our services, any challenges encountered in utilizing them, the materials contained within our services, or any external sites or applications connected to our services. This also encompasses allegations of breaches of this Agreement and purported violations of third-party rights. It's important to note that this provision may, in some jurisdictions, grant indemnity to PYVIT Parties even when the liability or damages stem from their own negligence, including instances of gross negligence. Please be aware that certain jurisdictions may limit the applicability of such indemnifications, and as a result, some or all of this section may not be binding upon you.

  1. Choice of Law, Venue, Claim Resolution, and Class Action Waiver

In the event that a legal dispute arises between us, we have elected to resolve it in a cooperative manner in Salt Lake City, Utah, under the jurisdiction of Utah law. The laws of the state of Utah, without invoking conflict of law provisions, will govern any disputes emerging from or linked to this Agreement or our services. All claims associated with this Agreement or our services will be exclusively adjudicated within the federal or state courts of Salt Lake County, Utah. We acknowledge that this Agreement is fully executable within Salt Lake County, Utah, and consent to personal jurisdiction there. In addition, we willingly waive any objections to venue or personal jurisdiction concerning lawsuits filed in state or federal courts in Salt Lake County, Utah. For those residing in the European Economic Area (EEA), it's important to note that this choice of law and jurisdiction will not impede your rights under your country's laws or access to its legal system. You are required to initiate any dispute within two years and renounce the opportunity to participate in a class action lawsuit against PYVIT. Please be mindful that all disputes must be raised within two years from the date the cause of action arises. Failure to provide written documentation within this timeframe will render all claims related to the dispute null and void. Furthermore, you agree not to join any lawsuit with another individual or serve as a class representative in any class action lawsuit against PYVIT.

  1. Several Notes About This Agreement and Apple

If you acquired our Apps from Apple's App Store, we kindly request that you review the following additional terms. This section pertains to matters involving Apple Inc. ("Apple") and Apple's "Usage Rules" as outlined in Apple's App Store Terms of Service, accessible at http://www.apple.com/legal/internet-services/itunes/us/terms.html (last accessed on February 7, 2017) as of the effective date of this Agreement. It is important to recognize that:

    • This Agreement exclusively concerns the parties involved and not Apple.
    • Apple bears no responsibility for our Sites, Apps, or their content.
    • Apple is not obligated to provide any maintenance or support services for our Apps.
    • Apple disclaims all warranties, whether explicit or implied.
    • Any claims arising from your use of our Apps, including product liability claims, non-compliance with legal or regulatory requirements, claims arising from consumer protection laws, and intellectual property infringement claims, are not Apple's responsibility.
    • Our usage rules for the Apps are not intended to be less restrictive than Apple's Usage Rules.
    • Apple and its subsidiaries are considered third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple retains the right to enforce it against you as a third-party beneficiary.

In the context of the Apps downloaded from Apple's App Store, the limited license granted to you concerning such Apps (as detailed in section 2(c) above) is hereby modified to include the following restriction: You may only use these Apps on an Apple-branded device (e.g., iPhone, iPod Touch, iPad) that you own or control, and usage must align with Apple's Usage Rules.

  1. General Terms

For U.S. Government customers, please note that the Apps qualify as a "Commercial Item" as defined in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. In line with these regulations, Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government users as Commercial Items and are granted the same rights as other users under this Agreement. Unpublished rights are retained under U.S. copyright laws.

FORCE MAJEURE

PYVIT Parties bear no liability for any inability to fulfill obligations under this Agreement if such inability arises from circumstances beyond our control. These circumstances may include but are not limited to fire, flood, natural disasters, epidemics, acts of God, labor strikes, civil unrest, riots, insurrections, revolutions, war, terrorism, supplier or transportation failures, utility or telecommunications disruptions, failures of third-party software, legal or governmental regulations, or other causes or events that are beyond reasonable control.

WAIVER / SEVERABILITY / HEADINGS

In the event that any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired in any way. A valid, legal, and enforceable provision of similar intent and economic impact will be substituted for the invalid provision. PYVIT's failure to require strict performance of any provision or to exercise any right under this Agreement shall not be construed as a waiver of that provision or right. The headings at the beginning of each section are provided for identification and reference purposes only and should not be used to determine the interpretation of this Agreement.

  1. Contact Us

This section provides you with information on how to reach out to us. Any notices or communications sent to PYVIT in accordance with this Agreement must be in writing and directed to the address specified below or to any other address that PYVIT may communicate in writing.

All notices should be addressed to:

PYVIT

871 S Automall Drive, Suite B

American Fork, UT 84003

Email: legal@PYVIT.com

ATTN: Legal

Effective date: September 20, 2023