This Agreement is concluded between the Yioc Limited Liability Company hereinafter referred to as the Service Administration and any person becoming a User (hereinafter referred to as the User) upon the registration on the website of the Vivoadvert Service (hereinafter referred to as the Service), together referred to as the Parties and individually referred to as the Party in the text of the Agreement.
- General Provisions
1.1. This Agreement is a public offer. Receiving the access to the materials of the Service, the User is deemed to have acceded to this Agreement. Also the User accepts the conditions of this offer and the provisions of the Agreement (accept).
1.2. The unconditional acceptance (accept) of the terms of this offer is carried out by the registration on the website of the Service.
1.3. This Agreement, concluded by the acceptance of this offer, does not require bilateral signing and the electronic version of the Agreement is valid.
1.4. The use of the materials and functions of the Service is governed by the norms of the current legislation of Armenia.
- The Subject of the Agreement.
2.1. The subject of this Agreement is the transfer of non-exclusive rights to use the Vivoadvert Service by the Administration of the Service to the User as well as the provision of paid services provided by the functional opportunities of the Service. The transfer is to be carried out on the basis of a simple (non-exclusive) license by providing the User with the access to the Service on a server owned by the Service Administration located on the Internet at the following address: https: //member.Vivoadvert. com / (hereinafter referred to as the Service).
2.2. The Service Administration provides the User with the opportunity to buy advertising traffic according to 3 models such as CPC, CPA, and CPI.
2.3. The terms of this Agreement are applied to all the subsequent updates and new versions of the Service. Agreeing to use the new version of the Service, the User accepts the terms of this Agreement for the corresponding updates, new versions of the Service, if the update and/or the new version of the Service are not accompanied by another agreement.
2.4. The Vivoadvert service is the result of the intellectual activity of the Service Administration and it is protected by the legislation of Armenia on the protection of intellectual property as well as by the international law. The exclusive rights for the Service, the materials accompanying it and any copies of it, belong to the Service Administration. The right to use the Service is provided to the User solely on the terms and in the amount stipulated by this Agreement.
2.5. A simple (non-exclusive) license to use the Service in the ways specified in this Section 2 of the Agreement is granted to the User for the period of this Agreement’s validity on the territory of all the countries of the world.
- Terms of using of the Service.
3.1. To start working with the Service, the User must complete the registration procedure by filling in the registration form fields. Based on the entered data, the User is assigned a unique name (Login) and a password. Upon the completion of the registration process, the User becomes the owner of the account. From the moment of logging in the account, the User is solely responsible for the security of the entered data, as well as for the Login and password.
3.2. Upon the termination of work with the Service, the User performs the termination of work under the account himself by clicking the Exit button.
3.3. From the moment of registration on the Service, a personal (business) account is assigned to the User who has the right to deposit money on this account. The tariff account is assigned as well and the User deposits a monthly fee to it. The funds on the personal account can be used to pay for the paid services of the Service and to pay a monthly fee for the past billing period for the selected tariff.
Payment for the paid services is carried out by cashless transfer of funds in the form of a 100% prepayment and it is debited from the User’s business account. At the same time, paid services are provided to the User if the amount of money on the business account of the User is bigger or equal to the total cost of the selected services.
3.4. The Services are provided to the User without any guarantees, with that quality, scope and with the functional opportunities that these services have as the part of the Service. This means that the User has no right to make claims regarding the availability, amount, quality or functional possibilities of the services received and he uses them assuming all the risks and liabilities associated with the use of such services.
3.5. Paid services are deemed to be provided in a proper way and accepted by the User in full at the time when the amount of services provided corresponds to 100% and the User is not entitled to receive a refund.
3.6. Funds from the personal account cannot be returned; therefore, when replenishing the balance, the user agrees that it is impossible to return money from the balance after the replenishment.
3.7. The Service Administration provides technical support to the User, including on issues related to the functionality of the Service and on the services provided, as well as on the features of the Service operation.
The cost of technical support of the User is included in the price of services provided by the Administration of the Service.
- Rights and obligations of the Parties.
4.1. Rights and obligations of the User.
4.1.1. The User undertakes not to take any actions that may be considered as violating the Armenian legislation or the norms of international law, including in the area of intellectual property, copyright and / or related rights, as well as any actions that lead or may result in the disruption of the normal operation of the Service.
4.1.2. The User undertakes not to communicate the passwords and logins used to access the Service to third parties and to ensure the confidentiality of their storage. In case of unauthorized access to the Service with the usage of the User’s personal account, the User is obliged to immediately notify the Service Administration about this.
4.1.3. The User undertakes not to communicate the passwords and logins used to access the Service to third parties and to ensure the confidentiality of their storage. In case of unauthorized access to the login and password and/or the User’s personal account, the User is obliged to immediately inform the Service Administration about it.
4.1.4. The User undertakes not to use the software that provides automatic downloading and processing (disassembling) of the Web pages of the Service in order to obtain the necessary data (not to “parse” the Service’s Web pages).
4.1.5. The User has the right to access the Service at any time, except for the time of carrying out preventive maintenance works.
4.1.6. The User has the right to use the Service within the limits of its functional possibilities and under the conditions established by this Agreement.
4.1.7. The User has the right to deposit any amount of money for the purpose of replenishing the Business Account on the Service for the subsequent use of the Paid Services of the Service.
4.1.8. The User has the right to change the password independently without notifying the Service Administration of that.
4.1.11. Money transferred to the User’s Business Account is not refundable and it can be used to pay for the paid services of the Service.
4.2. Rights and obligations of the Service Administration.
4.2.1. The Service Administration is obliged to provide the User with the access to the Service not later than 5 (Five) working days from the moment of User’s registration on the Service.
4.2.2. The Service Administration undertakes to provide the Service in accordance with the terms of this Agreement around the clock 7 (seven) days a week, including the weekends and public holidays, except for the time of preventive works performing.
4.2.3. The Service Administration undertakes to ensure the safety of the User’s data posted in the Service within 90 (Ninety) calendar days from the moment of the last usage of any paid service by the User.
4.2.4. The Service Administration has the right to stop the work of the Service for certain period of time in order to carry out the necessary planned preventive and repair works on the technical resources of the Service Administration. Also the work of the Service can be temporarily stopped because of the unscheduled operations in emergencies with the notification of the User about this by posting the relevant information on the following website: https://Vivoadvert.com. / This information is posted on the website only if there is a technical possibility for this.
4.2.5. The Service Administration has the right to temporarily stop the Service work if this is caused by the inability to use the information transport channels that are not owned by the Service Administration, or if this is caused by the action and /or inaction of third parties, if this directly affects the Service work, including the emergency situations.
4.2.6. The Service Administration has the right to update the content, functional possibilities and the user interface of the Service at any time at its own discretion.
4.2.7. The Service Administration has the right to change the cost of paid services unilaterally.
4.2.8. The Service Administration has the right to block and /or delete the User’s personal account including all the information content of the User without notifying the User and without the explanation of the reasons, in case of non-use of paid services of the Service within 90 (Ninety) calendar days and in case of violation of the terms of this Agreement by the User. In case of blocking or deleting personal account of the user due to the violation of the terms of this Agreement, the User’s personal account money is not refundable.
- Responsibility of the Parties and the procedure of dispute settlement.
5.1. The service is provided to the user “as is” in accordance with the principle generally accepted in the international practice. This means that for the problems arising during the process of updating, maintaining and operating the Service (including the problems of compatibility with the other software products, as well as inconsistency of the results of using the Service with the expectations of the User, etc.), the Service Administration does not bear responsibility.
5.2. For the violation of the obligations under the Agreement, the Parties are liable in accordance with the current legislation of Armenia. Moreover, the responsibility of the Service Administration to the User in the event of a claim for damages is limited by the cost rate paid by the User for Paid Services.
5.3. None of the Parties is liable for the total or partial non-performance of any of its obligations if the non-fulfillment is caused by the circumstances of the force majeure arising after the conclusion of the Agreement and if they do not depend on the will of the parties. In the event of force majeure events lasting for more than 3 (Three) months, any Party may unilaterally refuse to fulfill its obligations under this Agreement (terminate the Agreement).
5.4. Since the Service is the object of the intellectual property of the Service Administration, the responsibility for the violation of copyright is regulated by the current legislation of Armenia.
5.5. In the event of the disagreements and disputes between the Parties that are arising out of this Agreement or in connection with it, the Parties will take all the measures to resolve them with the application of pre-trial complaining procedure that is mandatory for the Parties. The deadline for responding to a complaint is 10 (ten) calendar days from the date of receipt of the claim by the corresponding Party.
5.6. In the event that the disputes and /or disagreements arising between the Parties cannot be resolved through negotiations, such disputes shall be resolved in the Arbitration Court of St. Petersburg and of the Leningrad Region.
- Other conditions.
6.1. This Agreement enters into force from the date of the acceptance and operates until the Parties fulfill their obligations to the full.
6.2. This Agreement may be terminated ahead of schedule by mutual agreement of the Parties and on the initiative of the Service Administration in case of violation of the terms of this Agreement by the User without returning any money to the latter.
6.3. As this Agreement is an offer, the Service Administration has the right to withdraw the offer according to the current civil law. In the event of withdrawal of this Agreement during its validity period, this Agreement shall be considered terminated from the moment of revocation. The withdrawal is carried out by placing relevant information on the website.
6.4. The parties have agreed that during the execution of this Agreement, the signatures of the representatives of the Parties, as well as their seals, are allowed to be used with the help of means of facsimile communication, mechanical or other copying, electronic digital signature or other analogues of the handwritten signature of managers and seals of organizations. The Parties confirm that the annexes to this Agreement, signed and executed in the manner indicated in this clause, are legally binding and they are subject to compulsory implementation by the Parties.
6.5. The Service Administration has the right to unilaterally make changes to the terms of service provision of the Service, publishing this information on the website with the public access and with the amendments of this Agreement.
6.6. The indicated changes of the Agreement’s terms shall come into force from the date of their publication, unless otherwise specified in the relevant publication. Continued use of the Service by the User after making changes and /or additions to the Agreement means the acceptance and consent of the User with such changes and /or additions.
7.1. Apart from the warranties expressly provided in the text of this Agreement, the Service Administration does not provide any other guarantees.
7.2. The Service Administration guarantees to the User that his personal data published on the Service will be available only in strict accordance with the laws of Armenia and /or in the manner and to the extent agreed upon with the User.
7.3. By agreeing to the terms and conditions of this offer by acceptance, the User assures the Service Administration and guarantees that he:
- concludes this contract voluntarily;
- has got familiarized with all the conditions of this agreement;
- fully understands and confirms the subject of the offer and the contract;
- has all the rights and powers necessary for the conclusion and execution of this agreement.
- The address and reference details of the Service Administration.
Legal address: 48/2 G.Njdeh str 3th fl.
Yerevan 0026, Armenia
+3 749 960 9588