Terms & Conditions (Version 1)
Last updated on February 12, 2016.
THIS IS A LEGAL AGREEMENT BETWEEN YOU, A PERSON OR ENTITY WHO REGISTERS AND PURCHASES VIVIFYSCRUM SERVICE (“Paid User”) OR WHO REGISTERS TO USE THE FREE VERSION OF THE VIVIFYSCRUM SERVICE (User), collectively “Customer(s)”) AND VIVIFY SCRUM LTD. (“Vivify Scrum”) REGARDING CUSTOMER’S USE OF VIVIFYSCRUM SERVICE ON THE SITE WWW.VIVIFYSCRUM.COM (“The Site”). BY CLICKING “I ACCEPT” CUSTOMER AGREES TO THE TERMS OF THIS AGREEMENT.
These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you should not use this website. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Using our Services
You must follow any policies made available to you within the VivifyScrum tool.
Do not misuse VivifyScrum, for example, do not interfere with it or try to access it using a method other than the interface and the instructions that we provide. You may use VivifyScrum only as permitted by law. We may suspend your access to VivifyScrum you if you do not comply with our terms or policies.
Using VivifyScrum does not give you ownership of any intellectual property rights or its content that you access. You may not use content from VivifyScrum unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in VivifyScrum or replicate its design and functionalities.
In connection with your use of VivifyScrum, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.
When a Customer signs up for the VivifyScrum Service, Vivify Scrum will automatically create an account (“Account”) for the Customer. Customers may create multiple Accounts. The Customer employee who registers for the VivifyScrum Service shall be deemed the Account owner. Customer is responsible for all activity occurring under its Account. Customer shall notify Vivify Scrum immediately of any unauthorized use of any password, account, copying or access to the Vivify Scrum Service. Each Customer shall have a unique login (email address and username) (“UserID”), which may not be shared, but may be reassigned to new Customers replacing former Customers.
Your user content
You retain ownership of any intellectual property rights that you hold in the content you create in VivifyScrum. Vivify Scrum does not own any of the Customer’s Data. Customer is solely responsible for the accuracy, integrity, and legality of Customer’s Data. Notwithstanding anything to the contrary in this Agreement, Vivify Scrum shall not be responsible or liable for the deletion, corruption, correction, destruction, damage, loss or failure to any of Customer’s Data. Customer shall not knowingly send or store spam, unlawful, infringing, obscene, or libelous material, or viruses, worms, Trojan horses and other harmful code, or data which violates the rights of any individual or entity established in any jurisdiction including, without limitation, medical information, credit card information or social security numbers, driver’s license or personal identification numbers or account numbers on, to or from the VivifyScrum Service. Customer represents and warrants that it is in compliance with and will comply with all applicable privacy and data protection laws and regulations with respect to any of Customer’s Data uploaded or submitted to the VivifyScrum Service and its use of the VivifyScrum Service and performance of its obligations under this Agreement. Customer will indemnify, defend and hold Vivify Scrum harmless from any claims, losses and causes of action arising out of or related to Customer’s breach of the provisions provided in this section.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Vivify Scrum does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
User IDs and Security
Customer may allow any Customer to use the VivifyScrum Service. No User ID may be shared by more than one Customer. The Customer is entirely responsible for maintaining the confidentiality of its User IDs and account information. The Customer acknowledges and agrees that as between the parties, Customer is solely responsible for Customers’ use of the VivifyScrum Service and all acts, omissions and use of User IDs or passwords or in connection with the VivifyScrum Services.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Customers are entirely responsible for the content of, and any harm resulting from any of their postings or submissions to the VivifyScrum site and VivifyScrum Service.
Grant of licence to Vivify Scrum
As between you and Vivify Scrum, you exclusively own all rights in and to the Contributions that you submit to the VivifyScrum site. Vivify Scrum needs a limited license from you so that we can use your Contributions to make the VivifyScrum Services and VivifyScrum Site available to you. For example, if you upload product specifications, product drawings or an animated graphic presentation of how a product works to the VivifyScrum site, we need a license from you to display, perform and distribute these Contributions in order to make these Contributions available to you on your project pages. And, if you permit third parties (such as your customers or consultants) to view your project pages, we need to have a license to sub-license your Contributions to these third parties so that they can view and use your group pages.
By making a Contribution to the VivifyScrum Site, you grant to Vivify Scrum a limited, perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to Vivify Scrum), fully-paid, royalty-free (meaning that Vivify Scrum is not required to pay you to use your Contribution), sub-licensable (subject to the restrictions below) and worldwide (because the Internet and the VivifyScrum are global in reach) license to use, modify, perform, display, reproduce and distribute the Contribution for the sole purpose of operating the VivifyScrum Site and VivifyScrum Services. VivifyScrum needs the right to “modify” and “reproduce” your Content, because the software and servers hosting the VivifyScrum Site modify and reproduce your Content automatically in order to make the VivifyScrum Site and VivifyScrum Service available.
We will only sublicense your Contribution for the following purposes: (a) to make your Contributions available to any third party (such as a client or a contractor) that you permit to view your project pages on the VivifyScrum Site; and (b) to permit a third party hosted services provider to host the VivifyScrum Site.
At prices described elsewhere at the Site, Vivify Scrum charges fees for accessing and using certain Services, which are subject to change in Vivify Scrum’s sole discretion. Price changes will be made known on the Site. If Customer elects to access or use any fee-bearing Service, Customer agrees to pay all applicable fees resulting from all use of that Service under its account, in the amounts, at the times and subject to any specified conditions. Such fees may be specified as being payable in advance or in arrears; fees may be fixed, contingent or variable (e.g., depending on usage factors); and fees may be specified on a recurring basis (e.g., subscription fees and/or usage fees, which may be payable monthly, quarterly or annually) or non-recurring basis (e.g., one-time activation fees).
Unless specified otherwise, all amounts due hereunder shall be paid upon order in US dollars, in immediately available funds by credit card or mobile telephone account, in full without set-off, counterclaim or deduction. Any amount not paid when due shall result in the termination or suspension of the Customer’s account or his or her access and use of the VivifyScrum service. Customer agrees to reimburse Vivify Scrum for all reasonable costs (including attorneys' fees) incurred in collecting payments. All payments to Vivify Scrum are exclusive of state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and Customer agrees to bear and be liable for the payment of all such charges (excluding taxes based upon the Vivify Scrum’s net income).
This website is provided “as is” without any warranties, express or implied. Vivify Scrum makes no warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Vivify Scrum does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Vivify Scrum will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Vivify Scrum and undertake to keep it indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Vivify Scrum to a third party in settlement of a claim or dispute on the advice of its legal advisers incurred or suffered by Vivify Scrum arising out of any breach by you of any provision of these terms and conditions [or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Vivify Scrum’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Vivify Scrum may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website and contacting your internet service provider to request that they block your access to the website.
Vivify Scrum may update, change or replace any part of these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Change notices regarding VivifyScrum services may be communicated by postings at the Site and/or electronic mail. Vivify Scrum may modify or terminate operation of the Site (including without limitation, any of the Services), in whole or in part, at any time.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
The details about the company Vivify Scrum
Full name: Vivify Scrum LTD Novi Sad
Vivify Scrum is registered in Novi Sad, Serbia, under registration number: 21170763
The comapany’s address is Laze Nancica 36, Novi Sad, Serbia.
You can contact Vivify Scrum by email to [email protected]