This Community End-User License and Service Agreement (hereinafter referred to as this “Agreement”) is the agreement between you and vivo with respect to Community and related applications and websites (hereinafter collectively referred to as the “Service”). Please carefully read and fully understand all terms and conditions of this Agreement, especially those regarding the exemption or limitation of vivo’s liability, limitation of user rights, as well as content that is marked in bold or underline format. Your using of the Service, or any parts thereof, shall be deemed as your acceptance of this Agreement, and your continued use of the Service, in whole or in part, shall be deemed as your irrevocable and unconditional acceptance of the terms and conditions contained herein including your irrevocable agreement to be bound by this Agreement. If you do not agree to this Agreement, you will not be able to use the Service.

1 Capacity for Civil Conduct

• 1.1 You represent and warrant that you have the full capacity for civil conduct in accordance with the laws of your region when you use the Service or agree to this Agreement.
• 1.2 You shall not use the Service or accept this Agreement without the consent or confirmation by your parent or guardian in the case that you are a minor or you do not have the full capacity for civil conduct in accordance with the law of your region.
• 1.3 You using of the Service or acceptance of this Agreement shall be deemed that you have met the provision in the first paragraph of this section or you have obtained the consent from your parent or guardian.

2 The Service

• 2.1 This Service provides you with Internet information storage space and information publishing services. You can post information, articles, comments, etc. in the form of text, pictures, videos, etc. in this Community. To the maximum extent permitted by law, vivo has right to upgrade or make other adjustments to the scope of services provided or specific service forms, methods, standards, etc.
• 2.2 Login / Registration Service

  You may use the Service by logging in to your vivo Account. You agree to abide by the vivo Account End-User License and Service Agreement in the course of using your vivo Account. You shall keep your vivo Account in safe custody and you shall be responsible for any losses and liabilities arising from the provision of your account to third parties.

3 License and Proprietary Rights

• 3.1 vivo hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to use the Service.
• 3.2 You agree that the licenses vivo grants to you hereby shall not be deemed or construed to mean any sale and/ or transfer of any content, product, or service, in whole or in part, to you by vivo.
• 3.3 vivo does not expressly or implicitly grant to you any right or interest of copyright, trademark, patent, or any other intellectual property or proprietary right, save for the limited license to the Service expressly granted to you in section 3.1 of this Agreement.
• 3.4 You shall not make any commercial use of, modify, disassemble, decompile, or reverse engineer any related contents of the Service.
• 3.5 You acknowledge and agree that all software and contents related to the Service, including but not limited to structures, source codes, and related documents of software, are properties of vivo, vivo’s affiliates or their suppliers, contain valuable trade secret and/or intellectual property, and shall be regarded as confidential information of vivo, vivo’s affiliates, or their suppliers.
• 3.6 Without the written permission of vivo, any user or third party shall not by himself or authorize, permit, assist others to perform below behaviors:
  • 3.6.1 Duplicate, retrieve or use the information contents of the Service to promote, increase views amount and other commercial uses.
  • 3.6.2 Edit, organize and compile the information contents of Service without authorization and display the contents outside the source page of the Service.
  • 3.6.3 Use any identification methods including but not limited to special signs, special codes to direct, transfer or hijack the traffic or views of the information contents of the Service.
  • 3.6.4 Other behaviors that illegally retrieve or use the information contents of the Service.
• 3.7 Without the written permission of vivo, any user or third party shall not directly or indirectly steal the information contents of the Service (including but not limited to by hotlinking, illegal crawling, download stimulation, deep links, counterfeit registration), or delete or alter the electronics rights management information thereof (including but not limited to by hiding or modifying domain names, specific signs of platforms, user names) in any way.
• 3.8 You agree to use the Service only in a manner consistent with all applicable laws, including, but not limited to, in accordance with the relevant copyright and other intellectual property rights regulations and/or export control regulations.

4 Users’ Behaviors

• 4.1 You hereby covenant that, in your use of the Service, you will abide by all the applicable laws and regulations, and will not host, display, upload, modify, publish, transmit, store, update or share any information that:
  • 4.1.1 belongs to another person and to which the user does not have any right;
  • 4.1.2 is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  • 4.1.3 is harmful to child;
  • 4.1.4 infringes any patent, trademark, copyright or other proprietary rights;
  • 4.1.5 violates any law for the time being in force;
  • 4.1.6 deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • 4.1.7 impersonates another person;
  • 4.1.8 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
  • 4.1.9 contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  • 4.1.10 is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
  • 4.1.11 Any other act that violates applicable laws and regulations and/or infringes rights of others in any way.
• 4.2 If you violate the provisions of preceding clauses, under applicable laws, vivo will have the right to unilaterally stop providing the Service, remove infringing/illegal content, and take necessary legal measures.

5 Personal Information Protection

We attach importance to your privacy and personal information so that our collection and processing of your information will in accordance with our “vivo Privacy Terms for vivo Community”. Before you use the Service, please read the Privacy Terms in detail, you can also check the details of the Privacy Terms through [vivo Community - vivo Privacy Terms for vivo Community].

6 Disclaimer

• 6.1 The Service is for your personal use only and you shall not provide it to any third party. You understand and agree that you shall be solely responsible for the results of your use (that is illegal or in violation of this Agreement) of the services, performance or functions provided by vivo. You agree to take all risks of your using of the Service.
• 6.2 Any information, comment, or opinion you post via vivo Community do not represent the vivo’s point of view, and we are not responsible for the integrity, truthfulness, accuracy, or reliability of your opinions. vivo has the right to delete your posted information when you are suspected of violating the law or infringing the legitimate rights of others or violating this Agreement.
• 6.3 You are aware of and agree that all your behaviors in vivo Community will comply with relevant countries’ legislation, including but not limited to your post comments and reply. You shall be responsible for any consequences of your conduct arising from your use of the vivo Community.
• 6.4 You should make your judgment regarding illegal, unethical, deceptive or otherwise inappropriate information that you may be exposed to in the vivo Community. In any event, vivo shall not be liable for any loss or damage resulting from such information.
• 6.5 Notwithstanding anything to the contrary, the Service, and all information, products, software, programs, and contents related to the Service, including but not limited to the Community, are provided on an "AS-IS" basis, without guarantees and warranties of any form or kind. vivo disclaims all representation or warranties, whether explicit, implied, statutory and otherwise, including but not limited to representations and warranties of security, stability, accuracy, merchantability, fitness for a particular purpose and non-infringement of ownership and intellectual property to the maximum extent permitted by law.
• 6.6 vivo hereby disclaims, and you hereby irrevocably, perpetually, and unconditionally discharge and release vivo, its affiliates, and employees, directors, and officers of vivo or its affiliates from all responsibilities for any indirect, incidental, special, or other damage or loss you have suffered arising out of or related to the Service or related contents, to the maximum extent permitted by law.
• 6.7 vivo shall not be liable for failure to provide the Service or fulfill the obligations in this Agreement that is on account of:
  • 6.7.1 Force majeure, including but not limited to earthquake, flood, storm, tsunami, epidemic, war, terrorist attack, riot, strike, and governmental order;
  • 6.7.2 Repair, update of software, or upgrade of hardware operated by us or by a third party at our instance;
  • 6.7.3 Interruption of data transmission due to network operator’ problem or user’s network connection problem;
  • 6.7.4 Any problem due to software or services provided by third parties or acts of third parties;
  • 6.7.5 Other situations in which vivo shall suspend or terminate the Service in accordance with laws and regulations or other irresistible reasons, such as vivo’s business adjustment.

7 contact

• If you have any questions, grievance, comments or suggestions, you can refer to vivo official website (https://www.vivo.com) to contact vivo via online Customer Care, or contact vivo via:
• Email: grievance.officer@vivo.com
• Telephone: 1800-208-3388 or 1800-102-3388

8 Miscellaneous

• 8.1 This Agreement constitutes the entire agreement between you and vivo, superseding all prior agreements between you and vivo as to the subject matter hereof.
• 8.2 If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect.
• 8.3 Any provision of this Agreement that is not enforced shall not constitute a waiver of right by you or vivo.
• 8.4 Licenses vivo grants to you shall be limited to those expressly granted herein. vivo reserves all rights not expressly granted to you.
• 8.5 If you are in breach of this Agreement, vivo will have the right to unilaterally terminate this Agreement and cease the relevant services, without bearing any responsibility for damages. For the avoidance of doubt, any provision of this Agreement which is expressed or intended to continue in force shall survive the termination of this Agreement until the expiration of the agreed conditions or termination by its nature.
• 8.6 Corresponding to the amendment of applicable laws and regulations or the changes of the Service, we will update the Agreement from time to time and these updates constitute part of the Agreement. If you have any objections to the updated part of the Agreement, please stop using the Service. If you continue to use the Service, it is considered that you agree to accept the updated Agreement.
• 8.7 You agree to abide by the laws, ordinances, bylaws, and other regulations of local authority, state, autonomous region, federation, and country where you are located in your using of the Service.

Updated on 【April 18, 2022】