Holyvent’s Terms of Service
1. Summary. This summary provides you with a convenient overview of the layout of, but does not substitute in any way to, these Terms of Service.
2. Introduction. A short introduction to the company, its services and these Terms of Service. [more]
3. About Holyvent. Holyvent is a live video social platform focused on events that lets users stream and broadcast live video content using their iPhone. [more]
4. Holyvent's Terms of Service. This section regards and discusses the eligibility and ability to accept, the acceptance of, and modifications of Holyvent's Terms of Service. [more]
5. Licenses. Subject to and in accordance with these Terms of Service, Holyvent grants you a license to use Holyvent Materials. By submitting content to Holyvent’s Services, you grant to Holyvent a license to use your content and to each other user a license to access and view such content. [more]
6. Use of Holyvent Materials. This section regards and discusses (1) the registration of your account, your access to Holyvent’s Services, your account’s security, (2) the code of conduct applicable to users (including restrictions and prohibitions on content and use of Holyvent Materials), (3) safety and security policies, (4) the availability, quality and likely discontinuation of Holyvent Materials, (5) content removal and IP infringement notification policies, (6) the suspension and termination of your relationship with Holyvent, (7) updated versions of the Holyvent App, (8) proof, retention, storage, compliance and enforcement issues, (9), Holyvent’s relationship with Apple and iTunes, (10) advertisements and (11) premium services. [more]
7. Intellectual Property Rights, Copyright and Trademark Policy. All rights, title and interest in and to Holyvent Materials and all videos, including patents, copyrights and other intellectual property rights and goodwill associated therewith, are owned by Holyvent or its licensors. [more]
9. Links to Third-Party Services. Holyvent makes no express or implied warranties with regard to, and is not responsible or liable for third-party services. [more]
10. Links to Public Content Hosted by Holyvent. Holyvent grants you a license to publish on the Internet hypertext links to any public content hosted by Holyvent. [more]
11. Notices. You consent to receive by electronic means all important communications from Holyvent. [more]
12. Exclusions of Representations and Warranties. Your use of Holyvent Materials is at your own and sole discretion and risk. [more]
13. Limitations of Liability and Damages. Please read this section carefully, as it limits the liability of Holyvent and its representatives. [more]
14. Indemnification. You agree to indemnify, defend, and hold Holyvent and its representatives harmless from and against any claim brought against Holyvent and/or its representatives to the extent that such claim arises out of, is connected with, or is related to your actions. [more]
15. Claims, Dispute Resolution and Governing Law. These Terms of Service and any use of Holyvent Materials are governed by the laws of the United States and subject to the exclusive jurisdiction of the courts in Los Angeles should a claim or dispute not be resolved in a friendly and informal process. [more]
16. Relief and Remedies. Holyvent’s rights and remedies under these Terms of Service are in addition to any and all other rights and remedies Holyvent may have at law or in equity. [more]
17. Territorial Restrictions and Export Control. You may use Holyvent Materials only if you agree to comply with all applicable laws, regulations, orders or other restrictions, including those on export, re-export, redistribution of software, the Internet, data, email, or privacy. [more]
18. Interpretation. Headings and titles herein are for convenience only. All examples are illustrative, not exhaustive. [more]
19. Waiver. The failure or delay on your or Holyvent’s part to exercise, enforce, insist upon, or otherwise require performance of any right or provision of these Terms of Service shall not be deemed or construed as a waiver of such right or provision. [more]
20. Severability. If any provision in these Terms of Service is held or judged to be unlawful, invalid, unenforceable or void, the provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions, which will remain unaffected and in full force and effect. [more]
21. Assignment. These Terms of Service may not be assigned, subcontracted, delegated, or otherwise transferred by you. [more]
22. Entire Agreement. These Terms of Service govern your use of Holyvent Materials and constitute the entire and exclusive agreement and understanding between Holyvent and you regarding Holyvent Materials. [more]
23. No Agency or Partnership. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service. [more]
24. Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms of Service. [more]
25. Survival and Effect of Termination. Some provisions of these Terms of Service will survive termination. [more]
26. Feedback and Independent Development. You are welcome to submit feedback by emailing at email@example.com. If you provide Holyvent with feedback, Holyvent has no obligation with respect to, and is entirely free to use, such feedback. [more]
27. Copyright and Trademark Information. You may not use any of the trademarks or service marks displayed on Holyvent Materials (Holyvent.com, the Holyvent App and Holyvent’s Services). [more]
Welcome and thank you for your interest in Holyvent.
Your use of the Holyvent application (“Holyvent App”), its related services (“Holyvent’s Services”) or the Holyvent.com website (“Holyvent Website”) is subject to the terms of a legal agreement between you and Holyvent (the present “Terms of Service”).
Holyvent, Inc. is a company whose principal place of business is at 3501 Jasmine Avenue, Apt #18, CA 90034 Los Angeles, United States.
THE FOLLOWING TERMS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS THEREOF, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HOLYVENT IN RELATION TO YOUR USE OF HOLYVENT’S SERVICES.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
BY REGISTERING FOR, ACCESSING, BROWSING OR USING HOLYVENT’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF HOLYVENT’S SERVICES.
Subject to your compliance with these Terms of Service, Holyvent grants you permission to use the related Services, as set forth below.
If you have any question, please do not hesitate to contact us.
These Terms of Service are effective as of March 31, 2015.
3. About Holyvent
Based in Los Angeles, Holyvent is a live video social platform focused on events that lets users stream and broadcast live video content using their iPhone. By allowing its users to participate in events even when they cannot attend in person, Holyvent creates a virtual community that brings together users who are physically attending and broadcasting live videos and those watching from anywhere in the world.
Users can tune in anywhere in the world and get to see what’s happening live -- from an amateur concert to a political event abroad.
Holyvent's unique “many-to-many” approach is event-centric, as it encourages users simultaneously connected to the same event of interest to participate and share their points of view, both literally and figuratively, thus creating the best alternative to a live experience.
The Holyvent App lets users (i) stream live videos and define their respective privacy levels (either public or private), (ii) watch public videos streamed by other users, (iii) watch private videos upon invitation, (iv) join any locally broadcast event to share an alternative view thereof, (v) chat with users connected to the same live event, and (vi) look for public live videos on an interactive map.
4. Holyvent’s Terms of Service
These Terms of Service govern your access to and use of the Holyvent App, the Holyvent Website, Holyvent's services and content provided via the Holyvent App or the Holyvent Website, including any videos, live video streams, information, text, graphics, photos or other content made available through Holyvent (“Holyvent Materials”).
By downloading, installing or otherwise using the Holyvent App, you represent that you are at least 13 years of age and never had any account previously suspended or removed by Holyvent. You also represent that you can form a contract with Holyvent under the laws of the United States, the laws of the jurisdiction in which you use Holyvent’s Services, or any other applicable jurisdiction.
Your access to and use of Holyvent’s Services is conditioned on your acceptance of and compliance with these Terms of Service.
4.1. Eligibility and Ability to Accept Holyvent’s Terms of Service
You must be at least 13 years old to use Holyvent’s Services. If you are under 13, please do not use Holyvent’s Services. If you are at least 13, but are still a minor, please request your parent or legal guardian’s permission to use Holyvent’s Services and have them read this agreement with you.
By granting your child permission to use Holyvent’s Services, you agree to the terms of this agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of Holyvent’s Services. If your child is using Holyvent’s Services and is either under 13 or does not have your permission, please contact us immediately and we will disable their access. If you have questions about whether Holyvent’s Services are appropriate for your child, please contact us.
Even if you are old enough to use Holyvent’s Services and/or have your parent’s or guardian’s permission, please note that some of the content provided via Holyvent may not be appropriate for you and contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, please do not view such content.
Holyvent’s Services are not accessible to former users whose respective accounts were suspended or removed by Holyvent.
Holyvent’s Services are not accessible to persons who are either barred or otherwise legally prohibited from receiving or using them under the laws of the country in which they are resident or from which they access or use them. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
4.2. Acceptance of Holyvent’s Terms of Service
By accessing, browsing, and/or otherwise using the Holyvent App or Holyvent’s Services, whether you are a registered or unregistered user, you acknowledge that you have read and understood the present Terms of Service, and expressly and unconditionally agree to accept, comply with, and be bound by them. If you do not agree to be bound by all of these Terms of Service that affect your legal rights and obligations, please do not access or use Holyvent’s Services.
By using Holyvent’s Services, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement and to abide by and comply with its terms.
You may use Holyvent’s Services only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations.
If you use Holyvent’s Services on behalf of a corporation, partnership, association or other entity in whose name you are registering as a user and establishing an account, you hereby represent and warrant to Holyvent that you: (i) are an authorized representative of that entity with the necessary authority to bind such entity to these Terms of Service, (ii) have read and understand these Terms of Service, (iii) agree to be bound by these Terms of Service on behalf of that entity and (iv) acknowledge that your acceptance of these Terms of Service will be treated as acceptance by that entity. In such event, “you” and “your” will refer and apply to that entity.
4.3. Modifications of Holyvent’s Terms of Service
The services that Holyvent provides are always evolving and their form and nature may change from time to time without prior notice. Likewise, Holyvent reserves the right, at its sole discretion, to change, modify, or remove portions of these Terms of Service, at any time and without advance notice. Therefore you ought to check these Terms of Service periodically for such changes.
Unless a change is made for legal or administrative reasons, or to correct an inaccurate statement, Holyvent will provide you with 15 days notice before any updated version of these Terms of Service becomes effective. Revised Terms of Service will become effective at the date announced, and at least 15 days after being published on Holyvent.com. They will apply to your use of Holyvent’s Services from that point forward. However, changes made to these Terms of Service will not apply to you to the extent that (i) the changes concern matters that are the subject of an actual dispute between you and Holyvent as of the date the changes take effect, and (ii) Holyvent has actual notice of the dispute as of the date the changes take effect.
A notice will be posted on Holyvent.com whenever these Terms of Service have been changed or otherwise updated. If the revision, in the sole discretion of Holyvent representatives, is deemed to be material, Holyvent will also notify you via the email address associated with your Holyvent account and/or via the Holyvent App.
In case of a legal requirement, Holyvent may also introduce immediate changes to these Terms of Service and require that you accept them.
The most current version of these Terms of Service will always be available at http://www.holyvent.com/terms and can be sent to you by email upon simple demand.
By continuing to access or use Holyvent’s Services after any such revision becomes effective, you agree to be bound by the revised Terms of Service and are deemed to have accepted them. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using Holyvent’s Services and close your Holyvent account.
These Terms of Service may only be modified by written amendment duly executed by Holyvent. No waiver, concession, extension, representation, alteration, addition or derogation from, or pursuant to, these Terms of Service will be effective unless consented to explicitly and executed in writing by our authorized representative. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Service.
5.1. License to Use the Holyvent App and Holyvent's Services
Subject to your agreement and full compliance with the terms and conditions of these Terms of Service and until they terminate, Holyvent grants you a personal, worldwide, limited, revocable, royalty-free, non-sub-licensable, non-transferable, non-assignable and non-exclusive right and license to: (i) download and install a copy of the Holyvent App onto a single iPhone that you own and control, (ii) run such copy of the Holyvent App for your personal and/or commercial use, and (iii) use Holyvent’s Services for your own benefit through this App.
Except as expressly permitted by Holyvent in writing or to the extent such activities are expressly permitted by law, you will not (i) modify, adapt, alter, create derivative works from, make any derivative use of, transfer, sell, rent, lease, lend, distribute, redistribute, sub-license, assign any rights to, disassemble, decompile, reproduce, reverse engineer, attempt to extract source code of, tamper with, damage, interfere with, or otherwise convert any Holyvent Materials, in whole or in part, or permit or authorize a third party to do so, (ii) make any Holyvent Materials available to multiple users through any other means than the Holyvent App, (iii) use any data mining, robots or similar data gathering or extraction methods, (iv) download any of the content hosted by Holyvent, except as expressly permitted by Holyvent’s Services; or (f) make any use of Holyvent Materials except for their intended purposes.
Any use of Holyvent Materials except as specifically authorized in these Terms of Service, without the prior written permission of Holyvent, is strictly prohibited and your failure to comply with them may have legal consequences. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles.
You will only use the iTunes Store Sourced App as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Holyvent reserves all rights not expressly granted to you in these Terms of Service.
5.2. Licenses Granted by Holyvent Users
The below licenses are without prejudice to your ownership rights and in addition to any license you may decide to grant (e.g., a Creative Commons license). You retain your rights to any content you submit, post or display on or through Holyvent’s Services.
By submitting, posting, uploading, streaming, displaying, performing, storing or otherwise distributing content, including videos, on or through Holyvent’s Services, you waive all moral rights and rights of attribution with respect to your content and videos, and you grant:
(i) to Holyvent, a limited, royalty-free, worldwide, non-exclusive, perpetual, irrevocable, sub-licensable and transferable license to use, host, store, copy, convert for streaming, publish, communicate, reproduce, transmit, distribute, broadcast, process, adapt, decompile, disassemble, reduce to human readable form, publicly display, execute or perform, make available to the public, sub-license, make commercial use of, process, compile, translate, sell, lend, rent, combine with or incorporate into other content, modify, edit, adapt, translate, reformat and create derivative works of such content, in any format or media now known or later developed, on or through Holyvent’s Services and in any other communication and information networks, media channels, platforms, applications and services, including for the purposes of (a) providing, promoting and improving Holyvent’s Services, (b) transmitting, displaying or distributing such content over computer networks or other media, and (c) archiving or preserving the video for disputes, legal proceedings, or investigations;
(ii) to each other Holyvent user, a personal, non-commercial, worldwide, non-exclusive, royalty-free, perpetual and irrevocable license to access and view your content through Holyvent’s Services, subject to your video privacy choices.
The above licenses will (i) continue unless and until your Holyvent account is suspended or terminated, and (ii) terminate regarding a specific piece of content once you remove or delete that content from Holyvent’s Services.
Holyvent may, at any time, at its sole discretion and without prior notice to you, remove or modify any content you have created, uploaded, streamed or posted on or through Holyvent’s Services, without any liability to you.
Notwithstanding the foregoing, all licenses to Holyvent will continue indefinitely for legal archival/preservation purposes only.
6. Use of Holyvent’s Services
6.1. Registration, Access and Account Security
Holyvent’s Services are only available to users who have created and registered a personal account via the Holyvent App. Once the Holyvent App is installed on your iPhone, you will have to create and set up an account in order to enjoy Holyvent’s Services.
In order to install and use the Holyvent App, you, and not Holyvent, shall be solely responsible for (i) owning and maintaining a personal iPhone running the latest iOS version, (ii) having such personal device connected to the Internet via an online (Wi-Fi or cellular data) connection, and (ii) paying for all costs, expenses, charges or fees incurred by your use of such connection, as specified in your subscriber plan or contract with your communication service provider (such as your cellular company).
220.127.116.11. Account creation
You must create an account to upload or post content on Holyvent’s Services and access other features offered only to account holders.
You will not create: (i) an account for anyone other than yourself without a proper authorization or permission, (ii) more than one personal account, or (iii) any account through unauthorized means, such as by using an automated device, script, bot, spider, crawler or scraper.
You will not sell or transfer your username, your account or any of your rights or obligations under these Terms of Service to anyone or any entity without Holyvent’s prior written permission. You agree that your Holyvent username and account cannot, in principle, be transferred, and that any rights to your username, account or content terminate upon your death.
If Holyvent disables, suspends or terminates your account, you will not create another one without Holyvent’s prior written permission.
18.104.22.168. The Information You Provide to Holyvent
You represent that all information provided by you to Holyvent, both upon registration and at all other times, is true, accurate, current and complete, and you agree to keep your information up-to-date as necessary in order to maintain its truth, accuracy, currency and completeness.
If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to these Terms of Service.
22.214.171.124. Username and Password
When you register, you will be asked to provide a valid email address that is actually yours and to choose a password and a username.
You are encouraged to use a “strong” password (password that uses a combination of upper and lower case letters, numbers and symbols) with your account.
Your username is how you will be publicly identified, along with any photo you associate with your account. The username you choose may or may not be your real name. Usernames are allocated on a first come, first serve basis and some usernames may be unavailable for many reasons. If the username you want is already taken or not approved, you will need to choose a different one. If you wish to change your username, please contact Holyvent.
If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use as username: (i) someone else’s name, (ii) a name that violates any third party right, (iii) a name that is obscene, vulgar, distasteful, inappropriate for public use, or otherwise offensive or objectionable (as determined by Holyvent in its sole discretion), (iv) a name that infringes any trademark or other proprietary rights of others, or that violates these Terms of Service, or (v) domain names or web URLs, unless you obtain Holyvent’s prior written consent.
Holyvent reserves the right to reject, alter, change, remove, reclaim or ask you to change your username, password or other account information, for any reason, at any time.
You may access your Holyvent account by entering your username and password, which you alone are responsible for keeping secure.
Holyvent may permit you to register for and log into Holyvent’s Services via certain third-party social networks. If you log in via such social networks, the profile information connected to the account you use to log into Holyvent’s Services may be used by Holyvent in order to provide and support your Holyvent account.
Holyvent reserves the right to refuse access to Holyvent’s Services or other Holyvent Materials to anyone, for any reason, at any time.
6.1.3. Account Security
If you forget your username and/or password, you must notify Holyvent.
You are solely responsible for maintaining the confidentiality and security of both your account and password. You will not reveal your account information to anyone else, allow anyone else to use your account other than your management or appointed representative, or use anyone else’s account.
Whether or not you have authorized them, you are entirely responsible for all activities or actions that occur on or through your account, and you agree to immediately notify Holyvent of any breach of security such as the unauthorized use of your account or password.
Holyvent shall not be responsible for any loss or damages arising out of the unauthorized or other improper use of your account, as Holyvent is not liable for any content uploaded or responsible for any activity that may occur via your account. You agree to accept sole responsibility for all activities that occur via your account, such as the uploading or posting of content to Holyvent’s Services.
6.2. Streaming Live Videos with Holyvent's Services
Once your Holyvent account is set up, you may:
(i) stream live videos and define their respective privacy levels (either public or private);
(ii) join any event already being broadcast locally and stream an alternative view thereof;
(iii) watch public videos streamed by other users;
(iv) watch private videos upon invitation;
(v) chat with users connected to the same live event; and
(vi) look for public live videos on an interactive map.
Whenever you stream a video, the first minute of it (or its totality if it shorter than one minute) gets saved on Holyvent's servers and remains available for other authorized users to watch later. Holyvent saves up to fifteen (15) one-minute videos per user, which correspond to the last fifteen videos streamed by this user.
6.3. Code of Conduct, Restrictions and Prohibitions on Content and Use of Holyvent’s Services
For the purpose of these Terms of Service, any information, data, text, messages, files, materials, scripts, applications, software, code, URLs and other links, images, music, photographs, graphics, audio or video streams, audio or video clips, movies, profiles, usernames, works of authorship, goods, products, services, advertisements or other materials, as well as intellectual property rights contained therein such as copyrights, trademarks, service marks, is to be considered and defined as “content”.
The content you submit, post, or display will be able to be viewed by some or all users of Holyvent’s Services, depending on the privacy settings you choose for any content you share. Accordingly, you should only provide content that you are comfortable sharing with others under these Terms of Service.
You understand and agree that by using Holyvent’s Services and as long as you hold a Holyvent account, all content made available through Holyvent’s Services by or on behalf of a third party are the sole responsibility of the individual or entity from which such content is originated. Holyvent cannot guarantee the truthfulness, authenticity, quality or accuracy of said content. Under no circumstances will Holyvent be liable in any way for any content, including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content broadcast, posted, transmitted or otherwise made available via Holyvent’s Services.
You understand and agree that your content may be transmitted over various networks and changed to conform and adapt to technical requirements.
In order to evaluate and/or ensure compliance with these Terms of Service, or as otherwise made necessary, Holyvent reserves the right, in its sole discretion, to (i) contact all users holding a Holyvent account, (ii) review, screen, monitor and/or record all conduct on and content submitted to Holyvent’s Services, in particular chat exchanges and video streams, (iii) monitor or become involved in disputes between you and other users, (iv) investigate reports of alleged misuse of Holyvent’s Services and protect its intellectual property and other assets, and (v) refuse or remove any content from Holyvent’s Services if Holyvent believes that it violates these Terms of Service or is in direct infringement of intellectual property rights or is otherwise objectionable to Holyvent.
You are solely responsible for (i) any activity occurring via your account, including for any conduct or content that was either uploaded, posted, streamed, broadcast, transmitted, displayed, distributed or otherwise made available on or through Holyvent’s Services, (ii) your interactions (including any disputes) with other users of Holyvent’s Services, whether online or offline, and (iii) any consequences of such activity and interactions.
Businesses can share their videos on Holyvent, but cannot use messaging functionalities for promotional purposes.
If you are confronted with offensive, inaccurate, false or otherwise undesirable content, please use the “Report” icon available in the contextual menu of each video, or contact us to report the alleged misuse of Holyvent’s Services.
You agree to:
(i) use your best judgment in selecting accurate categories for any content you stream;
(ii) exercise caution, discretion, common sense and judgment in using Holyvent’s Services and disclosing personal information to other users of Holyvent’s Services;
(iii) take reasonable precautions in all interactions with other users of Holyvent’s Services, particularly if you decide to meet in person with someone you never met before;
(iv) evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content;
(v) cooperate fully with Holyvent to investigate any suspected unlawful, fraudulent or improper activity identified on Holyvent’s Services;
(vi) comply with all applicable local, provincial, state, federal, and international laws, rules and regulations applicable to your use of Holyvent’s Services and your content, including copyright laws;
(vii) comply with Holyvent’s Safety and Security Policies detailed in Section 6.4 below.
You agree not to:
(i) upload any content that you have not created by using your iPhone;
(ii) stream any video that depicts or promotes unlawful acts, extreme or real-life violence, self-harm, cruelty or extreme violence toward animals;
(iii) upload any indecent, lewd, obscene, sexually explicit or pornographic material (artistic and non-sexual nudity being allowed);
(iv) upload content that exploits children or otherwise identifies or harms minors;
(v) upload or post content that is hate speech or contains graphic or gratuitous violence;
(vi) upload or post content that is contrary to public policy and accepted moral standards, unlawful, fraudulent, harmful, defamatory, libelous, threatening, discriminatory, inflammatory, deceptive, abusive, racially or ethnically insulting, offensive, harassing, embarrassing, tortious, vulgar, misleading, invasive of another’s privacy, hateful or otherwise fraudulent offensive or objectionable, or that incites violence or hatred against any people, group of people or entity;
(vii) use Holyvent’s Services to send altered, deceptive or false source-identifying information;
(viii) upload or post content that provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals;
(ix) make unsolicited offers, advertisements, sponsorships, endorsements, proposals, or post any “junk mail,” “spam” or “chain letter”, including unsolicited advertising, promotional materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
(x) upload any content that promotes or pertains to multi-level marketing, affiliate programs, get-rich-quick schemes, pyramid schemes, promotional materials, online gaming and gambling, cash gifting, work-from-home gigs, or any other form of solicitation, including dubious money-making ventures;
(xi) upload or post content or take any action that either infringes any third party’s copyrights, patents, trademarks, service marks, trade secrets, privacy, confidentiality, publicity rights or other intellectual or proprietary rights, or for which you do not have all necessary rights and/or authorizations from the rightful owner(s), or for which you have not paid due royalties or fees pursuant to licenses or permissions with owners of copyright royalty collection organizations;
(xii) use Holyvent’s copyrights or trademarks or any confusingly similar marks, except as expressly permitted by Holyvent’s prior written permission;
(xiii) stream a video for which you do not have the consent or permission of each identifiable person featured therein;
(xiv) upload or post content that you do not have a right to transmit 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);
(xv) misrepresent the source(s), identity(ies) or contents of information streamed via Holyvent’s Services;
(xvi) upload or post content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(xvii) indicate in any manner that you have a relationship with Holyvent or that Holyvent has endorsed you or any products or services for any purpose;
(xviii) solicit, collect, harvest, use or share other Holyvent users’ login credentials, usernames, email addresses, or any other personally identifiable information;
(xix) defame, disrespect, deceive, discriminate, stalk, bully, spam, abuse, defraud, harass, threaten, impersonate, intimidate or misrepresent your affiliation with any person or entity;
(xx) prevent or restrict another user from using or enjoying Holyvent’s Services;
(xxi) sell, resell, license, sub-license, lease, sublease, rent, sub-rent, loan, offer, share, transfer, assign, distribute, copy, reproduce, republish, download, transmit, broadcast, modify, adapt, translate, make derivative works of, disassemble, reverse-compile, reverse-engineer or otherwise commercially exploit any Holyvent Materials, whether in whole or in part, unless you have obtained Holyvent’s and any likely content owner’s prior written and explicit consent, or unless such activity is expressly permitted by applicable law notwithstanding this limitation;
(xxii) access Holyvent’s Services in order to develop, create or build similar or competitive services;
(xxiii) access other users’ content for any reason other than your personal, non-commercial use solely, as intended through and permitted by the normal functionality of Holyvent’s Services;
(xxiv) act in a deceptive manner by, among other things, impersonating any person;
(xxv) obtain or attempt to obtain any materials or information through any means not intentionally made available through Holyvent’s Services;
(xxvi) upload, post or display private or confidential information, including your or any other person’s credit card information, social security or alternate national identity numbers, private personal details such as addresses, telephone numbers or email addresses, identification documents, sensitive financial information;
(xxvii) upload or post content that constitutes, promotes, advocates, encourages or provide instructions for a conduct that could constitute illegal activities or a criminal offense, give rise to civil liability, or otherwise violate the rights of any party or any applicable local, state, national, international or foreign law or regulation;
(xxviii) offer for sale or sell any item, good or service that violates any applicable federal, state, or local law or regulation, or that you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations;
(xxix) use Holyvent’s Services for any purpose that is either illegal, unauthorized, prohibited, misleading, malicious, discriminatory, or not permitted by these Terms of Service;
(xxx) encourage, instruct or facilitate any of the foregoing or any other violation of any term of these Terms of Service.
6.4. Safety and Security Policies
Holyvent does its best to keep all Holyvent Materials safe and protected from any vulnerability by using reasonable security measures, but does not and cannot guarantee it.
SECURITY MEASURES USED BY HOLYVENT TO PROTECT HOLYVENT MATERIALS ARE PROVIDED AND USED “AS IS” AND WITH NO WARRANTIES OR ASSURANCES THAT THEY WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS.
In order to help Holyvent keep all Holyvent Materials safe, you agree not to violate, attempt to violate or help violate any security features of Holyvent’s Services.
You therefore agree not to:
(i) collector store users' content or information, or otherwise access Holyvent’s Services, via automated means (such as harvesting bots, robots, spiders, or scrapers), unless you obtain Holyvent's prior written permission;
(ii) solicit login information or access an account belonging to another user;
(iii) record, crawl, scrape, cache, use any robot, spider, scraper, crawler, offline reader or otherwise access Holyvent’s Services via automated means without Holyvent’s express written permission, in order to bypass any measures Holyvent may use to prevent or restrict access to Holyvent’s Services;
(iv) remove, circumvent, disable, overburden, impair, damage, violate, disrupt, negatively affect or interfere in any manner with either the proper functioning of Holyvent’s Services, security-related features thereof, features thereof that prevent, limit or restrict use or copying of any Holyvent Materials, the service to any user, server, host or network connected thereto, or any activities conducted on or through Holyvent’s Services, including by transmitting, uploading or injecting any viruses, worms, scripts, files, Trojan horses, “time bombs”, “cancel bots”, corrupted files, malware, spyware, adware, programs, or any other executable code of a destructive, malicious or disruptive nature, by overloading, “flooding,” “spamming”, “mail-bombing”, “overloading”, “crashing”, “password mining” or otherwise hacking Holyvent’s Services;
(v) disobey any requirements, procedures, policies or regulations of networks connected to Holyvent’s Services;
(vi) probe, scan, or test the vulnerability of Holyvent’s Services, or any associated system or network;
(vii) attempt to access, search, or meta-search Holyvent’s Services by any means (automated or otherwise) other than through the Holyvent App provided by Holyvent and pursuant to these Terms of Service, unless you have been specifically allowed to do so in a separate agreement with Holyvent;
(viii) send any automated or machine-generated queries to Holyvent’s infrastructure;
(ix) decipher, copy, modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Holyvent in providing the Holyvent App and Holyvent’s Services;
(x) access content or data not intended for you, or log onto any Holyvent’s server;
(xi) upload or post content that may cause personal injury (including defamation, insults, abuse, etc.) or an invasion of privacy;
(xii) attempt to gain unauthorized access to, tamper with, or use non-public areas of Holyvent’s Services, Holyvent’s computer systems, or any part thereof, other users' accounts, computer systems, networks connected to Holyvent’s Services, or the technical delivery systems of Holyvent’s providers;
(xiii) breach security or authentication measures protecting Holyvent’s Services;
(xiv) disable, overburden, or impair the proper functioning or appearance of Holyvent’s Services, such as a denial of service attack or interference with page rendering or other Holyvent functionality;
(xv) manipulate identifiers in order to disguise the origin of any content transmitted through Holyvent’s Services;
(xvi) manipulate the operation or functionality of Holyvent’s Services, or attempt to enable features or functionalities that are otherwise disabled, inaccessible or undocumented;
(xvii) use or attempt to use another user’s account without explicit authorization from that user and Holyvent;
(xviii) falsely increase the number of views, impression of or clicks associated with your content or other users’ content, either directly or indirectly, or automatically or manually, nor authorize or encourage any third party to do the same;
(xix) change, modify, adapt or alter Holyvent’s Services or change, modify or alter a third-party application so as to falsely imply that it is associated with the Holyvent App;
(xx) stream videos by using a robot or a robot-like human in a manner that is disruptive to other Holyvent users’ experience;
(xxi) disobey any requirements, procedures, policies or regulations of networks connected to Holyvent’s Services;
(xxii) encourage or instruct any other individual to do any of the foregoing.
You are responsible for safeguarding the confidentiality of the password you use to access Holyvent’s Services and for any activities or actions under your account. You are encouraged to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Holyvent account and any other account that you may connect to your Holyvent account.
You are also responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not share your account or allow others to use your account. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. If you become aware of any security breach, you must notify us immediately.
Failure to comply with any of these provisions may result in your content being removed and/or your account being deactivated, suspended or terminated, without prior notice. In addition, you may be personally liable to civil and/or criminal sanctions specifically applicable to the situation, as the case may be, such as fines and imprisonment, in addition to being ordered to pay damages, where applicable.
6.5. Availability, Quality and Discontinuation of Service
Although Holyvent’s Services are intended to remain available 24/7, they may at times be interrupted, including for scheduled or unscheduled maintenance, upgrades, emergency repairs, or due to failure of telecommunications links and/or equipment, security breaches, or other event of force majeure.
The availability, quality and functionality of Holyvent’s Services depends on various factors, including software, hardware, communication networks and quality of cellular network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free and do not necessarily provide the best possible throughput or quality of service.
As further detailed in Section 13, Holyvent shall not be liable for damage or loss of any kind due to any modification, suspension, unavailability or discontinuation of Holyvent’s Services.
As further detailed in Section 6.6 and Section 7.3, Holyvent reserves the right to remove any content from Holyvent’s Services for any reason, without prior notice. Such content removed may continue to be stored by Holyvent, including in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Holyvent encourages you to maintain your own backup of your content, as Holyvent is not a backup service and Holyvent’s Services should not be relied upon for the purposes of content backup or storage.
Holyvent may, at any time, at its sole discretion, without prior notice and without any liability to you, (i) change the layout, design, scope, features or availability of any Holyvent Materials, (ii) discontinue, suspend or terminate the operation or provision of Holyvent’s Services, or any part thereof, temporarily or permanently, for all users or for certain users, or (iii) impose limits on use and storage or restrict your access to parts or all of Holyvent’s Services. You are granted only a limited right to use Holyvent’s Services in accordance with these Terms of Service.
Holyvent may, but is not obligated to, (i) offer technical support in connection with your use of Holyvent’s Services, in the format, frequency, scope and scheme that Holyvent determines, and (ii) maintain Holyvent’s Services with periodic releases of bug fixes, code updates or upgrades, on a discretionary basis, including as regards the frequency and scope of such releases. You will have no plea, claim or demand against Holyvent or its representatives in any matter related to (i) Holyvent’s provision of technical support or the lack thereof, or (ii) updates, upgrades or the lack thereof.
6.6. Content Removal and IP Infringement Notification Policies
Holyvent reserves the right not to post or publish, and to refuse, remove or edit any content, at any time, in its sole discretion, and without notice or liability. Holyvent has the right, but not the obligation, to monitor any materials submitted via Holyvent’s Services, to investigate any reported or apparent violation of these Terms of Service, and to take any action that Holyvent in its sole discretion deems appropriate.
While Holyvent may remove any user content from Holyvent’s Services at its discretion and in accordance with these Terms of Service, Holyvent also reserves the right to remove content alleged to be infringing without prior notice to you and at its sole discretion. In appropriate circumstances, Holyvent will also terminate your account. Holyvent acts in accordance with the Digital Millennium Copyright Act (DMCA) and has designated a copyright agent to receive notifications of claimed infringement from the public (see 17 U.S.C § 512(c)(3) for further detail).
If you believe that your copyright or other intellectual property rights have been infringed and they are not subject to US law and jurisdiction (for example, if you consider the infringement is subject to the E-Commerce Directive of the European Union), please contact our copyright agent at firstname.lastname@example.org.
If you believe that certain content available on Holyvent’s Services infringes upon rights that you own or represent, you may send our designated copyright agent a written notification, stating the nature and location of the content claimed to be infringing. Upon your notification and subject to copyright, privacy, publicity and other relevant laws, Holyvent may remove or disable access to any such content.
To be effective, your notification of claimed infringement must be a written communication provided to our copyright agent that includes the following:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;
(ii) Identification of the work and the pertinent exclusive legal right claimed to be infringed, or if multiple works or legal rights are covered by a single notification, a representative list of such elements;
(iii) Identification of the material that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to locate the material;
(iv) Information reasonably sufficient to contact you, such as an address, telephone number, and email address at which you may be contacted;
(v) A statement that you have a good faith belief that the use of the material, in the manner complained of, is not authorized by the owner of the pertinent legal right (such as copyright, publicity rights or privacy rights), its agent, or the law;
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the pertinent exclusive legal right (such as copyright, publicity rights or privacy rights) that is allegedly infringed.
After receiving your communication, Holyvent may ask you to provide further or supplemental information, prior to removing any content that was available on Holyvent’s Services. Holyvent may also provide its registered user who uploaded the allegedly infringing content with your contact details in order for them to be able to contact you and challenge your claim.
6.6.2. Counter Notification
If you believe that your content has been removed by mistake or misidentification, you may submit a counter notification to our copyright agent. To be effective, your counter notification must be a written communication that includes the following:
(i) Your physical or electronic signature;
(ii) Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;
(iii) A statement, under penalty of perjury, that you have a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;
(iv) Your name, address, telephone number, email address and a statement that you consent to the jurisdiction of the competent courts in any judicial district in which your address is located or in which you may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
After receipt of a counter notification, Holyvent will promptly provide the person who submitted the claimed infringement notification with a copy of the counter notification, and inform that person that the removed material will be replaced or access thereto re-enabled within 10 business days. Holyvent will then replace the removed material and cease disabling access to it within 10 to 14 business days following receipt of the counter notice, unless our copyright agent first receives notice from the person who notified Holyvent of the claimed infringement that such person has filed an action seeking a court order to restrain the registered user from engaging in infringing activity relating to the material on Holyvent’s Services.
6.6.3. Repeat Infringements
Holyvent representatives may deny or cancel any instance of your use of Holyvent’s Services, or terminate your account altogether, if they determine, at their sole discretion, that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once or a user whose uploaded material was removed from Holyvent’s Services more than once. Holyvent representatives may decide, at their sole discretion, that a sufficient reason exists for the immediate termination of your account for any reason, at any time and without prior notice.
6.6.4. Copyright Agent Details
Our copyright agent is Mr. Laurent Cenatiempo; address: Rue de la Brasserie, 34 - 1050 Brussels, Belgium; telephone number: +32.496.600.181; email address: email@example.com. Please note that our copyright agent receives alleged infringement-related notifications only. Any other matters, such as comments, requests and other messages should be referred to Holyvent by using firstname.lastname@example.org.
Under Section 512(f) of the Digital Millenium Copyright Act, any person who knowingly materially misrepresents: (i) that any material or activity is infringing, or (ii) that any material was removed or disabled by mistake or misidentification, may be liable for any damages, including costs and attorneys’ fees that Holyvent may incur if injured by such misrepresentation, as the result of its reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.
6.7. Suspension and Termination of Relationship
The Terms of Service apply as of the time and day you first use Holyvent’s Services, and continue to apply until you or Holyvent terminates your account.
6.7.1. By You
At any time, for any reason, and without prior notice, you may end your relationship with Holyvent by terminating your account. To achieve this, please contact us.
Due to technical or operational limitations, there may be a delay between your request to terminate your account and the moment when your content or account no longer is visible on Holyvent’s Services.
Your only remedy with respect to any dissatisfaction with (i) Holyvent’s Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Holyvent in operating Holyvent’s Services, or (iv) any content or information transmitted through Holyvent’s Services, is to terminate your account.
6.7.2. By Holyvent
In addition to any remedies that may be available under any applicable law, Holyvent reserves the right to temporarily or permanently terminate, limit, or suspend your account (or any part thereof), or block or remove any content you submitted, at any time, for any reason, without prior notice, in its sole discretion, and without liability to you. Holyvent is most likely to exercise such right if, for example, (i) you have violated the letter and/or the spirit of these Terms of Service, (ii) you create risk or possible legal exposure for Holyvent due to improper, abusive, fraudulent, and/or illegal activity on your account, (iii) your conduct or content would tend to damage Holyvent’s reputation and goodwill, (iv) content uploaded via your account infringes copyrights, especially if you are a repeat infringer, (v) you violated any applicable law, rules, or regulations, (vi) Holyvent is required to do so per requests by copyright owners or law enforcement or other government agencies, (vii) you used a robot or any automated means to submit content on Holyvent’s Services, sign up for multiple accounts, or follow lots of other users, (viii) your account has remained inactive (i.e., you have not logged in) for a continuous period of at least six (6) months despite emails from Holyvent inviting you to log back in so your account does not get removed, or (ix) the provision of Holyvent’s Services to you is no longer commercially viable.
Should Holyvent resort to terminating, limiting or suspending your account, Holyvent will use reasonable efforts to notify you via the email address associated with your account or through Holyvent’s Services the next time you attempt to access your account.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Holyvent’s Services may also be referred to appropriate law enforcement authorities. Holyvent may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of Holyvent’s Services.
If Holyvent terminates your account, you may not create a new one and Holyvent may block your email address and Internet protocol address to prevent further registration.
Holyvent may also, at any time, in its sole discretion and without prior notice, discontinue providing any of Holyvent’s Services, or any part thereof.
6.7.3. Consequences of Termination
If your account is terminated, (i) you must discontinue any and all use of Holyvent’s Services and uninstall the Holyvent App from your iPhone, (ii) these Terms of Service (including all licenses and rights granted thereby) also terminate, with the exception of its Sections 5.2, 6.3, 6.4, 6.6, 6.7, 6.9, and 7 through 27, which will continue to apply as per Section 25, (iii) Holyvent will use reasonable efforts to remove all of your content from Holyvent’s Services, and (iv) your account and content may have now become permanently unrecoverable.
Holyvent retains backups of user content on its servers, and some of your content may remain thereon even after you ask to have it deleted (although no longer accessible on or through Holyvent’s Services).
6.8. Updated Versions of the Holyvent App
Holyvent is not obligated to maintain or support the Holyvent App, or to provide you with updates, upgrades or services related thereto.
Holyvent reserves the right to modify Holyvent’s Services at any time, without prior notice, and for any reason, including by (i) deleting or modifying any part or all of any service, (ii) adding features and functionalities, or (iii) limiting the use of certain features or functionalities.
In order for the Holyvent App installed on your iPhone to remain up-to-date and thus include the latest improvements, enhancements and developments brought to Holyvent’s Services, you acknowledge and agree that (i) Holyvent may, from time to time and in its sole discretion, issue updates or upgrades to the Holyvent App, which may automatically download and install on your iPhone, and (ii) the terms and conditions of these Terms of Service will apply to all such updates or upgrades.
6.9. Proof, Retention, Storage, Compliance and Enforcement
You acknowledge and agree that Holyvent’s servers and operations are in the United States. As a result, regardless of where you live, your content is transferred to and stored in the United States, and you hereby consent to the transfer, processing, and storage of your content in the United States.
The computer registers stored on Holyvent's systems in accordance with standard safety practices shall be considered proof of e-mails exchanged, registration forms sent, videos uploaded and messages sent. Registration forms are stored on reliable and durable media, as required by current law. It is agreed that in the event of a contradiction between Holyvent's computer registers and any paper or electronic documents in your possession, Holyvent's computer registers shall be authoritative.
Holyvent reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Service. You agree that Holyvent has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party (including Holyvent’s right to cooperate with any legal process relating to your use of Holyvent’s Services or a third-party claim that your use of Holyvent’s Services is unlawful and/or infringes such third party’s rights).
6.10. Relationship with Apple and iTunes
Without limiting any other terms of these Terms of Service, the following applies to any Holyvent App accessed through or downloaded from the Apple iTunes Store (“iTunes Store Sourced App”):
1. You acknowledge and agree that (i) these Terms of Service are concluded between you and Holyvent only, and not Apple, (ii) Holyvent, not Apple, is solely responsible for the iTunes Store Sourced App and content thereof, and (iii) your use of the iTunes Store Sourced App on an iPhone that you own or control will comply with the App Store Terms of Service.
2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes Store Sourced App.
3. You and Holyvent acknowledge that, as between Holyvent and Apple, Apple is not responsible for addressing any claims of you or any third party relating to the iTunes Store Sourced App or your possession and use of the iTunes Store Sourced App, including: (i) product liability claims, (ii) any claim that the iTunes Store Sourced App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
4. You and Holyvent acknowledge that, in the event of any third party claim that the iTunes Store Sourced App or your possession and use of that iTunes Store Sourced App infringes that third party’s intellectual property rights, as between Holyvent and Apple, Holyvent, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
5. You and Holyvent acknowledge that, in the event of a conflict between these Terms of Service and the “Usage Rules” established by Apple and its principals (as defined in the App Store Terms and Conditions) or the App Store Terms and Conditions, or if any provision of these Terms of Service is less restrictive than the corresponding provision of the Usage Rules or the App Store Terms and Conditions, the Usage Rules or the App Store Terms and Conditions will prevail.
6. You and Holyvent acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the iTunes Store Sourced App, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the iTunes Store Sourced App against you as a third party beneficiary thereof.
7. If you have any questions, complaints or claims with respect to any iTunes Store Sourced App, you may contact Holyvent by emailing email@example.com or mailing us at Holyvent, Inc., 3501 Jasmine Avenue, Apt #18, CA 90034 Los Angeles, United States.
Holyvent’s Services do not include any form of advertising or information of commercial nature other than relating to Holyvent Materials.
However, Holyvent reserves the right to, and may, at any point in time, change its policy and start placing third-party advertisements, promotions or commercial information on Holyvent’s Services.
6.12. Premium Services
Holyvent reserves the right to, and may, at any point in time, offer the possibility to enjoy the benefit of advanced “premium” features and/or functionalities for a fee.
7. Intellectual Property Rights, Copyright and Trademark Policy
You agree that Holyvent's Services contain proprietary information and material that is owned by Holyvent and/or its licensors, and is protected by applicable intellectual property and other laws, including copyright, and that you will not use such proprietary information or materials in any way whatsoever, except for using Holyvent’s Services in compliance with these Terms of Service.
All rights, title and interest in and to Holyvent’s Services, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by Holyvent or its licensors.
In accordance with the prohibitions set under Section 6.3 and Section 6.4, you may not copy, distribute, display or perform publicly, sub-license, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of Holyvent’s Services, any part thereof, or any content available thereon, either by yourself or by a third party on your behalf, in any way or by any means, including electronic, mechanical or optical means.
You may not adapt or otherwise use any name, mark or logo that is identical, or confusingly similar to the trademarks, service marks and logos of Holyvent. You must refrain from any action or omission that may dilute, or tarnish Holyvent's goodwill.
7.1. Users’ Intellectual Property Rights
Holyvent does not own any of the content you submit to Holyvent’s Services, as you retain your rights to any such content and remain the sole owner thereof.
By submitting any content to Holyvent’s Services, you agree to allow other Holyvent’s users to view and transmit your content on or through Holyvent’s Services, free of charge, for personal use only, and as long as your content is hosted by Holyvent.
For each piece of content that you submit and thus make accessible to other users, you represent and warrant that:
(i) you have all the rights, power and authority necessary to submit such content to Holyvent’s Services and grant both the licenses set forth in Section 5.2 and the rights granted herein, either because you are the rightful owner of all rights to such content or because you are lawfully licensed by the rightful owner(s) thereof;
(ii) Holyvent will not need to obtain licenses from, or pay royalties, to any third party;
(iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights;
(iv) you lawfully obtained the consent of all individuals, and the parents or legal guardians of all minors depicted or shown in the content, to film them, exploit their image, likeness and publicity rights, and use the video depicting or showing them, for the purposes and in the manners contemplated by these Terms of Service;
(v) you lawfully obtained a license from the lawful licensors of all intellectual property protected elements which are depicted, shown or incorporated in the content to exploit such elements and to use the video depicting or showing them, for the purposes and in the manners contemplated by these terms; and
(vi) the content complies with these Terms of Service and all applicable laws.
As described in Section 8, you can choose who can view your video streams by choosing which privacy settings are applicable.
Any content will be non-confidential and non-proprietary, and Holyvent will not be liable for any use or disclosure of content. You acknowledge and agree that your relationship with Holyvent is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any content does not place Holyvent in a position that is any different from the position held by members of the general public, including with regard to your content. None of your content will be subject to any obligation of confidence on the part of Holyvent, and Holyvent will not be liable for any use or disclosure of any content you submit.
7.2. Holyvent’s and Other Users’ Intellectual Property Rights
With the exception of the content that you submitted to Holyvent’s Services, all other content on Holyvent’s Services is either owned by or licensed to Holyvent, and is subject to copyright, trademark rights, and other intellectual property rights of Holyvent or Holyvent’s licensors.
Any third-party trademark or service mark present on content not submitted by you are trademarks or service marks of their respective owners.
All right, title, and interest in and to Holyvent’s Services (excluding content submitted by users) are and will remain the exclusive property of Holyvent or its licensors.
The visual interfaces, graphics, logos, design, button icons, images, photographs, video streams, features, functionalities, information, data, text, names, designations, typefaces, computer code, systems, methods, products, software, services, and all other elements of Holyvent's Services are protected by United States copyright, trade dress, trade secrets and trademark laws, international conventions, and all other relevant and applicable laws and regulations of the United States.
Nothing in these Terms of Service gives any user a right to copy, imitate or use the Holyvent name or any of the Holyvent trademarks, logos, domain names, and other distinctive brand features, in whole or in part, without the prior written permission of Holyvent. In addition, the look and feel of the Holyvent App and Holyvent’s Services, including all custom graphics, button icons and scripts, are service marks, trademarks and/or trade dress of Holyvent, and may not be copied, imitated or used, in whole or in part, without prior written permission from Holyvent.
Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, published, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Holyvent or Holyvent’s licensors. Holyvent and its licensors reserve all rights not expressly granted in and to their content.
You agree to not use or exploit any content in any manner inconsistent with any of the rights granted or restrictions set forth herein.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any of the content available on Holyvent, and you will not reproduce, modify, enhance, edit, translate, adapt, alter, reverse engineer, decompile, disassemble, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Holyvent Content.
You may not use any meta-tags or any other hidden text utilizing “Holyvent” or any other name, trademark or product or service name of Holyvent without Holyvent's prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in Holyvent's Services are the property of their respective owners.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Holyvent or any other affiliation.
Holyvent reserves its right to enforce its rights to the fullest extent of the law in the event of any violation of these Terms of Service. Holyvent Materials may contain certain licensed information and content, and Holyvent’s licensors may protect their rights in the event of any violation of these Terms of Service.
7.3. Information on Copyright, Trademark and Other IP Infringements
Holyvent is committed to helping people and entities protect their intellectual property rights. Holyvent does not allow posting content that violates third parties’ intellectual property rights, including copyright and trademark.
Copyright is a legal right that seeks to protect original works of authorship (ex: books, music, film, art). Generally, copyright protects original expression such as words or images. It does not protect facts and ideas, although it may protect the original words or images that express an idea. Copyright also doesn’t protect things like names, titles and slogans; however, another legal right called a trademark might protect those.
A trademark is a word, slogan, symbol or design (like a brand name or a logo) that distinguishes the products or services offered by one party from those offered by others. Generally, trademark law seeks to prevent confusion among consumers about who provides or is affiliated with a product or service. The owner of a trademark may be able to prevent others from using its trademark (or a similar trademark) in a way that would confuse people into thinking that there’s a relationship between the trademark owner and a person who isn’t authorized to use the trademark or that the trademark owner endorses that other person’s products or services.
The owner of a trademark may claim rights to a trademark through registration with a recognized trademark office. In certain countries and in certain situations, rights for an unregistered trademark may be created through actual use of the trademark in commerce or business.
You acknowledge that the copyright, trademark and other intellectual property laws of the United States, international treaties and conventions, and other applicable laws and regulations, protect Holyvent Materials, and you agree to abide by relevant intellectual property laws regarding ownership and use of intellectual property as they relate to Holyvent Materials.
If you believe that certain content available on Holyvent’s Services infringes upon rights that you own or represent or that your content has been removed by mistake or misidentification, please refer to Section 6.6.
8.1. Information Holyvent Collects About You
Holyvent may collect personal information that can identify you, such as your name and email address, and other information that does not identify you. When you provide personal information through Holyvent’s Services, the information may be sent to servers located in the United States and other countries around the world.
Holyvent may also collect data pertaining to your use of Holyvent’s Services, such as your geographical location as you stream videos, the interactions you have made with Holyvent’s Service, and data from your iPhone.
8.2. Information You Provide
Holyvent’s Services make it possible for users to post information about themselves and others, communicate with others and upload content such as video streams and messages.
Holyvent may collect and store any personal information you publish on Holyvent’s Services via the Holyvent App or provide in some other manner, including personal information that may be contained in any video, message or other submission. This includes identifying information, such as your name, address, email address, telephone number, and likeness.
In addition, Holyvent has access to your profile information, such as your name, age, email address, location, followers and comments to videos, and may ask you to provide additional personal details regarding requests you submit to Holyvent’s Services.
Bear in mind that false, incorrect, or outdated information may prevent you from registering and impair Holyvent' ability to provide you with Holyvent’s Services and contact you.
Your video streams are not private or confidential and you should not have any expectation of privacy with respect to them. Use caution, common sense and obtain proper consent when you film and upload videos containing or depicting yourself or other individuals.
BECAUSE THE VIDEOS YOU UPLOAD MAY HAVE TO DO WITH THE PRIVACY RIGHTS OF OTHERS, YOU MUST LAWFULLY OBTAIN THE CONSENT OF ALL INDIVIDUALS, AND THE PARENTS OR LEGAL GUARDIANS OF ALL MINORS, DEPICTED OR SHOWN IN YOUR VIDEOS, TO FILM THEM AND POST THE VIDEO ON THE SERVICE. IN ANY CASE, USE CAUTION AND COMMON SENSE WHEN YOU UPLOAD VIDEOS CONTAINING OR DEPICTING PERSONAL INFORMATION OF YOURSELF OR OTHER INDIVIDUALS. YOU ARE SOLELY RESPONSIBLE FOR ANY VIDEOS THAT YOU UPLOAD.
Whenever a user streams a video, the first minute of it is saved on Holyvent’s servers and remains available to other users.
All such user submissions are governed by the present Terms of Service. Whenever you voluntarily disclose personal information on publicly-viewable content, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. Holyvent cannot control who reads or watches your publications or what other users may do with the information you voluntarily publish, therefore you are encouraged to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
8.3. Information About Others
Holyvent may also collect and store personal information about other people that you provide through Holyvent’s Services. If you use Holyvent’s Services to send information to other users, Holyvent may store such information, and the personal information of each such recipient. Similarly, if you use, upload, share and/or distribute content that contains personal information about other persons or entities that are not Holyvent users, such information may be stored.
8.4. Information Collected by Third-Parties
Holyvent may, in the future, allow third-parties to display advertisements on Holyvent’s Services. These third-party companies may use tracking technologies to collect information about users who view or interact with their advertisements.
8.5. How Holyvent Uses the Information It Collects
Holyvent may use information that it collects about you to:
(i) provide you with Holyvent’s Services, its features and functionalities, and deliver the services that you have requested;
(ii) manage your account, provide you with support and handle your complaints;
(iii) perform research and analysis about your use of, or interest in Holyvent’s services, any content hosted by Holyvent, or products, services or content offered by others;
(iv) communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you;
(v) improve and customize the experience of using Holyvent’s Services;
(vi) develop and display content (and advertising) tailored to your interests;
(vii) enforce the present Terms of Service and prevent any misuse of Holyvent’s Services;
(viii) manage its business, including the administrative and operational aspects of Holyvent’s Services;
(ix) comply with any applicable law and assist law enforcement agencies and competent authorities, when the Holyvent Team has a good faith belief that Holyvent's cooperation with them meets the applicable legal standards, or take any action in any case of dispute involving you, with respect or in relation to Holyvent’s Services; and
(x) perform functions as otherwise described to you at the time of collection.
8.6. With Whom Holyvent Shares Your Information
Holyvent does not share your personal information with other entities, except as indicated below or when you are informed and given an opportunity to opt out of having your personal information shared. Holyvent may, however, disclose your information:
(i) in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise legal rights; to defend against legal claims; or as otherwise required by law; all of which may lead Holyvent to raise or waive any legal objection or right available, in its sole discretion;
(ii) when Holyvent representatives believe disclosure is appropriate in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Holyvent, its users, its employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the present Terms of Service;
(iii) in connection with a substantial corporate transaction, such as the sale of the Holyvent business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Holyvent may, in the future, share personal information with:
(i) Authorized service providers that perform certain services on Holyvent’s behalf, which may include fulfilling orders, processing credit card payments, providing customer service and marketing assistance, or performing business and sales analysis. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes; and
(ii) Business partners with which Holyvent partners to offer its users products, services, promotions, contests and/or sweepstakes.
Your video streams, videos and messages are publicly shared with all other Holyvent users.
In any case other than the above, your personally identifiable information will be shared with others only if you provide your explicit prior consent.
8.7. Third-Party Websites
8.8. How You Can Access Your Information
You can always access, review and update your personal information either directly through the Holyvent App or by contacting the Holyvent team.
You also may choose to close your account at any time by contacting the Holyvent Team at firstname.lastname@example.org. After your account gets closed, you will not be able to sign in to your Holyvent account or access any of your personal information. However, you can always open a new account at any time.
You may also delete videos you previously streamed to Holyvent’s Services. Removing or uninstalling the Holyvent App from your iPhone will not cause your previously posted videos to be removed from Holyvent’s Services.
8.9. Your Choices About Collection and Use of Your Information
When you register on Holyvent, you may be given a choice as to whether you want to receive email messages and/or newsletters about product updates, improvements, special offers, or containing special distributions of content by Holyvent. At any time you can choose to no longer receive commercial or promotional emails or newsletters from Holyvent, either by contacting Holyvent or by clicking on the opt-out link provided in such communications. It may take up to ten (10) days for an opt-out request to be processed. Holyvent may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
8.10. How Holyvent Protects Your Personal Information
Holyvent implements appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure and reduce the risks of damage, loss of information and unauthorized access or use of information.
For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions.
However, no system can be completely and absolutely secure, therefore Holyvent cannot promise, and you should not expect, that your personal information, searches, or other communications will always remain secure and immune from any wrongdoings, malfunctions, unauthorized interceptions or access, or other kinds of abuse and misuse. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
8.11. Data retention
Holyvent retains your personal information for as long as it deems it necessary for its business needs, and may delete such information from its systems, without prior notice to you. In any case, Holyvent may keep any de-identified or anonymous information for statistical, development, marketing and other purposes, indefinitely. Be advised that removing or uninstalling the Holyvent App from your iPhone will not cause your personal information to be deleted from Holyvent’s Service.
8.12. Aggregated or anonymized information
Holyvent may use de-identified, statistical or aggregated information, including information that is processed according to this policy, to properly operate Holyvent’s Services, to develop and improve the quality and functionality of the Service, to enhance your experience, to create new services, including customized services, to change or cancel existing features and for other research, development and statistical purposes.
We may share, publish, post, disseminate, transmit or otherwise communicate or make available such information to suppliers, business partners, sponsors, developers, affiliates and any other third party, at Holyvent's sole discretion, provided information that can be reasonably used to reveal your identity without your consent will not knowingly or intentionally be shared.
8.12. Children’s Privacy
Holyvent does not knowingly collect personal information from children under the age of 13, in accordance with Section 4.1 of these Terms of Service per which such children are not authorized to use Holyvent’s Services.
8.13. Using Holyvent’s Services from Outside the United States
If you are not a United States citizen, please be aware that your information may be transferred to, stored, and processed in the United States where Holyvent’s servers are located and its central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that Holyvent seeks to take every reasonable and useful step to ensure that your privacy is protected.
By using Holyvent’s Services, you understand that your information may be transferred to Holyvent’s facilities and those third parties with whom it needs to be shared.
If you are a resident in a jurisdiction where transfer of your personal information to another jurisdiction requires your consent, then you provide your express and unambiguous consent to such transfer. In any circumstance, by using Holyvent’s Services, you grant Holyvent the permission to store and process your personal information at locations outside your territory.
8.14. No Rights of Third Parties
8.15. How to Contact Holyvent
9. Links to Third-Party Services
Holyvent's Services may contain links or references (“Links”) to websites, resources or services operated by other people or companies (collectively “Third-Party Services”).
Holyvent does not control, maintain, monitor or endorse any Third-Party Services or any information, materials, products, or services contained on or accessible through Third-Party Services. Likewise, Holyvent has no control over, and assumes no responsibility for the business practices, privacy policies, performance or content of any Third-Party Services, or for the collection, use or disclosure of any information they may collect. Holyvent makes no representation, recommendation, endorsement, or warranty with regard to any Third-Party Services, and encourages you to read their terms and policies prior to the use of their services.
You acknowledge and agree that Holyvent makes no express or implied warranties with regard to, and is not responsible or liable for: (i) the availability, accuracy, currency, content, quality, transmission, copyright compliance, legality or decency of Third-Party Services, (ii) unintended, objectionable, inaccurate, misleading, or unlawful content, products, or services on or available through Third-Party Services, or (iii) any loss or damage of any sort incurred as a result of the availability of Third-Party Services, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Third-Party Services.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through Holyvent's Services are solely between you and such third parties.
You acknowledge sole responsibility for and assume all risk arising from your access and use of Third-Party Services, including the information, materials, products, and services on or available through Third-Party Services.
Holyvent’s Services include the possibility for users to invite their Facebook and Twitter friends to become friends on Holyvent as well. Holyvent does not control any of these two social networking websites nor any of their services or content.
10. Links to Public Content Hosted by Holyvent
Holyvent grants you a non-exclusive, non-assignable, license to publish on the Internet hypertext links to any public content hosted by Holyvent. You agree, however, not to publish any such link on a page that would contain content, information, or other material prohibited by law and/or under these Terms of Service.
You consent to receive by electronic means all important communications from Holyvent, such as legal notices, including those regarding changes to these Terms of Service. Holyvent may provide all such communications (i) by email, (ii) by posting them on the Holyvent website, or (iii) by posting them via the Holyvent App.
Except as explicitly stated otherwise, legal notices from Holyvent will be served to the email address you provide to Holyvent during the registration process.
You may send legal notices to Holyvent using email@example.com or the following address: Holyvent, Inc., 3501 Jasmine Avenue, Apt #18, CA 90034 Los Angeles, United States.
Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, Holyvent may give you legal notice by mail to a postal address upon simple request. In such case, notice will be deemed given three days after the date of mailing.
Notice posted on the Holyvent website or via the Holyvent App is deemed given 30 days following the initial posting.
Nothing herein shall limit Holyvent’s right to object to subpoenas, claims, or other demands.
12. Exclusions of Representations and Warranties
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF HOLYVENT MATERIALS IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN AND SOLE DISCRETION AND RISK.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE) TO ANY PERSON OR ENTITY FROM USE OF, OR INABILITY TO USE, HOLYVENT MATERIALS -- INCLUDING PERSONAL INJURY, PROPERTY DAMAGE OR LOSS OF DATA.
UNLESS OTHERWISE EXPRESSLY STATED IN THESE TERMS OF SERVICE, HOLYVENT MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND.
SOME INDIVIDUALS MAY FIND THAT SOME OF THE CONTENT MADE AVAILABLE THROUGH HOLYVENT IS OFFENSIVE OR INAPPROPRIATE. HOLYVENT IS UNDER NO OBLIGATION TO MONITOR USER CONTENT, DOES NOT ENDORSE ANY SUCH CONTENT, AND MAKES NO COMMITMENTS OR REPRESENTATIONS IN THIS RESPECT.
TO THE FULLEST EXTENT PERMITTED BY LAW:
(1) NEITHER HOLYVENT NOR ANY OF THEIR REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO HOLYVENT MATERIALS OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR VIA HOLYVENT.
(2) HOLYVENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) RELATING TO HOLYVENT MATERIALS, INCLUDING THE WARRANTIES OF: (i) TITLE, (ii) MERCHANTABILITY, (iii) FITNESS FOR A PARTICULAR PURPOSE (SUCH AS PERSONAL, BUSINESS OR PROFESSIONAL NEEDS OR REQUIREMENTS), (iv) NON-INFRINGEMENT OF PROPRIETARY RIGHTS, (v) CUSTOM, (vi) TRADE, (vii) QUIET ENJOYMENT, (viii) COMPATIBILITY OR SYSTEM INTEGRATION, (ix) QUALITY, (x) AVAILABILITY, TIMELINESS, PERFORMANCE OR TRANSMISSION, (xi) SECURITY, (xii) FREEDOM FROM COMPUTER VIRUS, (xiii) CORRECTNESS, ACCURACY, COMPLETENESS OR CURRENCY, (xiv) RELIABILITY, (xv) USEFULNESS, (xvi) COURSE OF DEALING OR COURSE OF PERFORMANCE, (xvii) COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY.
HOLYVENT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR BROADCASTING CONTENT AND/OR WATCHING THE BROADCAST CONTENT AND/OR OTHERWISE USING THE CONTENT, INCLUDING WITH RESPECT TO ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT, THE TIMELINESS, DELETION, OR MIS-DELIVERY OF ANY CONTENT, OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS. HOLYVENT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY.
HOLYVENT DOES NOT WARRANT THAT HOLYVENT MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, SAFE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT DEFECTS WILL BE CORRECTED. HOLYVENT’S SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET SUCH AS (i) ANY UNAUTHORIZED ACCESS TO, OR USE OF, HOLYVENT'S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (ii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM HOLYVENT MATERIALS, (iii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH HOLYVENT MATERIALS BY ANY THIRD PARTY, AND/OR (iv) ANY ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE THROUGH HOLYVENT.
HOLYVENT DOES NEITHER WARRANT THAT ANY CONTENT YOU SUBMIT WILL BE MADE AVAILABLE ON HOLYVENT’S SERVICES OR STORED BY HOLYVENT, NOR THAT HOLYVENT WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF HOLYVENT’S SERVICES.
HOLYVENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH HOLYVENT MATERIALS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOLYVENT WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR MONITORING, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WHILE HOLYVENT DOES ITS BEST TO MAKE YOUR ACCESS TO AND USE OF HOLYVENT'S SERVICES SAFE, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOLYVENT OR THROUGH HOLYVENT'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
HOLYVENT DOES NOT WARRANT THAT THE NATURE OF, YOUR ACCESS TO AND USE OF HOLYVENT MATERIALS IS PERMITTED, LAWFUL OR POSSIBLE (AS APPLICABLE) IN ANY PARTICULAR JURISDICTION, AND SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
BY ACCESSING OR USING HOLYVENT'S SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THEM.
SOME STATES OR JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED OR OTHER WARRANTIES OR DAMAGES. ACCORDINGLY, TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SERVICE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED HOLYVENT’S SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO HOLYVENT MATERIALS EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS OF SERVICE.
NOTHING IN THE TERMS OF SERVICE SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU ARE ALWAYS ENTITLED TO AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE.
13. Limitations of Liability and Damages
Please read this section carefully since it limits the liability of Holyvent and its representatives. Each of the provisions in this section only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in these Terms of Service shall exclude or limit Holyvent’s liability for losses that may not be lawfully excluded or limited by applicable law.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT HOLYVENT HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Holyvent is under no legal obligation to monitor content transmitted via Holyvent’s Services using the Holyvent App. Its only obligations as host concern (i) the fight against certain content in accordance with the procedure described in Section 6, (ii) the retention of your connection data, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to personal data, and (iii) the removal of all clearly illegal content which has been effectively brought to its representatives' attention.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HOLYVENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NEITHER HOLYVENT NOR ITS REPRESENTATIVES NOR THIRD-PARTIES (SUCH AS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS, PARTNERS AND SUPPLIERS) SHALL BE LIABLE TO YOU FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, STATUTORY OR EXEMPLARY DAMAGES, OR (ii) ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR (iii) ANY LOSS OF DATA, USE, GOODWILL, BUSINESS REPUTATION, OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, OR (iv) COSTS, EXPENSES OR PAYMENTS ARISING DIRECTLY OR INDIRECTLY FROM:
(i) HOLYVENT MATERIALS, IN PARTICULAR USER CONTENT, OR YOUR RELIANCE ON THEIR AVAILABILITY;
(ii) THE PERFORMANCE OF HOLYVENT’S SERVICES, INCLUDING ANY FAULTS, ERRORS, INTERRUPTIONS OR OMISSIONS IN THEIR OPERATION BY HOLYVENT STAFF, WHETHER OR NOT LINKED TO RECENT CHANGES, UPDATES OR UPGRADES;
(iii) YOUR ACCESS TO, USE OF, INABILITY TO ACCESS, UPLOAD, STORE OR USE OF HOLYVENT MATERIALS;
(iv) ANY FAILURE, ERROR, MISTAKE, OMISSION, INTERRUPTION, INACCURACY, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR COMPUTER VIRUS;
(v) ANY CONDUCT OR CONTENT ON HOLYVENT’S SERVICES, INCLUDING ANY OFFENSIVE, DEFAMATORY, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONDUCT OR CONTENT BY OTHER USERS OR THIRD PARTIES ON OR THROUGH HOLYVENT’S SERVICES;
(vi) UNAUTHORIZED ACCESS, USE OR ALTERATION OF HOLYVENT'S SECURE SERVERS, ANY PERSONAL INFORMATION STORED THEREIN, YOUR TRANSMISSIONS, OR YOUR CONTENT;
(vii) ANY DENIAL, SUSPENSION, CANCELLATION, OR TERMINATION OF YOUR ACCOUNT;
(viii) THE RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT;
(ix) YOUR FAILURE TO PROVIDE HOLYVENT WITH ACCURATE INFORMATION OR YOUR FAILURE TO KEEP YOUR PASSWORD OR HOLYVENT ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(x) THESE TERMS OF SERVICE;
(xi) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF HOLYVENT'S SERVICES;
(xii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY HOLYVENT OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF HOLYVENT’S SERVICES;
(xiii) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS;
(xiv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH HOLYVENT'S SERVICES BY ANY THIRD PARTY;
(xv) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING (i) DAMAGE FROM ANY SECURITY BREACH, VIRUS, BUGS, TAMPERING, FRAUD, FAILURE, ERROR, BREAKDOWN, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, (ii) DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF HOLYVENT HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF ANY HOLYVENT MATERIALS).
IN NO EVENT SHALL HOLYVENT BE LIABLE FOR LOSS, DAMAGE OR INJURY, INCLUDING DEATH OR PERSONAL INJURY.
IN NO EVENT SHALL HOLYVENT’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HOLYVENT, IF ANY, DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF HOLYVENT'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY HOLYVENT MATERIALS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY HOLYVENT MATERIALS.
HOLYVENT IS NOT RESPONSIBLE FOR THIRD PARTIES’ ACTIONS, CONDUCT, CONTENT, INFORMATION, OR DATA ON HOLYVENT’S SERVICES, AND YOU RELEASE HOLYVENT AND ITS REPRESENTATIVES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
YOU ALONE ARE RESPONSIBLE FOR YOUR INVOLVEMENT WITH OTHER USERS. HOLYVENT RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR DISAGREEMENTS BETWEEN YOU AND OTHER USERS. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU IRREVOCABLY AND FOREVER RELEASE HOLYVENT AND ITS REPRESENTATIVES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FROM: (i) CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, WHETHER INTERACTIONS WITH OTHER USERS HAVE OCCURRED THROUGH HOLYVENT’S SERVICES OR IN THE REAL, PHYSICAL WORLD, (ii) YOUR OWN ACTS AND OMISSIONS, AND (iii) YOUR CONTENT.
BY ACCESSING HOLYVENT'S SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, HOLYVENT WILL BE FULLY RELEASED FROM ITS OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS OF SERVICE, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO HOLYVENT’S SERVICES, OR IF YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS THROUGH YOUR USE OF HOLYVENT’S SERVICES.
Nothing in these Terms of Service shall prevent you or Holyvent from complying with applicable laws.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HOLYVENT’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT HOLYVENT HAS OFFERED SERVICES, CONTENT AND OTHER MATERIALS, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HOLYVENT, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HOLYVENT. HOLYVENT WOULD NOT BE ABLE TO PROVIDE ITS SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND (AT HOLYVENT’S REQUEST), AND HOLD HOLYVENT AND ITS REPRESENTATIVES HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY, DAMAGE, LOSS, COST, EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), SUIT, ACTION, JUDGMENT, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST HOLYVENT AND/OR ITS REPRESENTATIVES (“CLAIM”) TO THE EXTENT THAT SUCH CLAIM, ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH OR RELATED TO ANY OF THE FOLLOWING:
(i) YOUR CONTENT, ACCESS TO, USE AND MISUSE OF HOLYVENT MATERIALS;
(ii) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF SERVICE;
(iii) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT, ACCESS OR USE OF HOLYVENT MATERIALS BY SOMEONE ELSE, OR VIOLATION OF THE TERMS OF SERVICE BY SUCH OTHER PERSON USING YOUR COMPUTER OR USER ID;
(iv) YOUR VIOLATION OF ANY LAW, RULE, REGULATION, CODE, STATUTE, ORDINANCE OR ORDER OF ANY GOVERNMENTAL, QUASI-GOVERNMENTAL, REGULATORY, ADMINISTRATIVE AND LEGISLATIVE AUTHORITY; OR
(v) ANY MISREPRESENTATION MADE BY YOU.
THIS INDEMNIFICATION AGREEMENT ALSO APPLIES TO ANY CLAIM, DIRECTLY OR INDIRECTLY RELATED TO HOLYVENT MATERIALS, THAT (i) YOUR USE OR ACCESS, OR ANOTHER PERSON’S USE OR ACCESS, OF YOUR COMPUTER OR USER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT OF A THIRD PARTY UNDER ANY LOCAL, INTERNATIONAL, FEDERAL, OR STATE LAW, (ii) YOUR USE OR ACCESS TO HOLYVENT'S SERVICES IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY, OR (iii) YOU OR YOUR CONTENT CAUSED ANY SORT OF DAMAGE TO A THIRD PARTY.
YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM. THIS DEFENSE AND INDEMNIFICATION OBLIGATION SHALL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF HOLYVENT MATERIALS.
HOLYVENT RESERVES THE RIGHT TO ASSUME AT YOUR OWN EXPENSE THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY HOLYVENT. YOU AGREE TO FULLY COOPERATE WITH HOLYVENT’S DEFENSE OF ANY SUCH CLAIM AND NOT TO SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF HOLYVENT.
HOLYVENT WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
15. Claims, Dispute Resolution and Governing Law
If you believe that Holyvent has not adhered to these Terms of Service or if any dispute or controversy arises, please contact Holyvent by email at firstname.lastname@example.org to seek a clarification or amicable resolution. The Holyvent team will do their very best to address any and all of your requests, questions, claims and concerns.
Before submitting to adjudication in court any dispute, claim, or controversy arising bout of, in connection with, or relating to these Terms of Service, you and Holyvent will dedicate at least one (1) month to attempt to amicably resolve such matter in an informal dispute resolution process. Holyvent will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
YOU AND HOLYVENT AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF HOLYVENT MATERIALS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Regardless of your place of residence or where you access or use Holyvent’s Services from, these Terms of Service, any action related thereto, and the relationship between you and Holyvent shall be construed in accordance with and governed by the laws of the United States of America and the State of California, without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
All claims, disputes, legal proceedings or litigation arising out of or relating to Holyvent Materials, including the validity, applicability, performance or interpretation of these Terms of Service, will be brought solely in the federal or state courts located within Los Angeles County, California, United States. You hereby waive any objection as to inconvenient forum and agree to submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating all such claims.
If you are a federal, state, or local government entity in the United States using Holyvent's Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (without giving effect to any conflict of laws principles).
For purposes of these Terms of Service, including if you create a Holyvent account, you are not an employee or agent of Holyvent, and you will not represent that you are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other, nor will it bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under these Terms of Service, including any expenses associated with the implementation of these Terms of Service.
Holyvent reserves the right to amend the provisions under this section, but any such changes will not apply to disputes arising before the effective date of the amendment. The provisions under this section will survive the termination of any or all of your transactions with Holyvent.
16. Relief and Remedies
Holyvent’s rights and remedies under these Terms of Service are in addition to any and all other rights and remedies Holyvent may have at law or in equity.
You acknowledge and agree that any breach or threatened breach of these Terms of Service by you may cause Holyvent irreparable damage for which recovery of money damage would be inadequate and that Holyvent may obtain interim relief, emergency relief or other equitable relief to protect their rights, without any requirement to post a bond, other security or proof of damages.
You also acknowledge that the restrictions contained in these Terms of Service are reasonable in scope and are necessary to protect Holyvent's legitimate interests in protecting its business.
Nothing in these Terms of Service shall, in any way, affect either party’s right to seek interim relief, emergency relief or other equitable relief in the court of competent jurisdiction, or Holyvent’s right to lodge a claim against you pursuant to Section 14 in any court adjudicating a third-party claim against Holyvent.
17. Territorial Restrictions and Export Control
The Holyvent App if not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Holyvent to any registration requirement within such jurisdiction or country. Holyvent reserves the right to limit the availability of Holyvent’s Services or any portion thereof, to any person, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit the availability or quantity of any content, program, service or other feature that it provides.
You may use Holyvent Materials only if you agree to comply with all applicable laws, regulations, orders or other restrictions, including those on export, re-export, redistribution of software, the Internet, data, email, or privacy.
Software related to or made available by Holyvent may be subject to United States export controls. No such software may be downloaded, exported or re-exported: (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Headings and titles herein are for convenience only, have no legal or contractual effect and shall not be used to construe or interpret, nor deemed to limit or affect, any of the provisions of these Terms of Service.
Whenever used in these Terms of Service, the term “including” means "without limitation" to the preceding phrase. All examples are illustrative, not exhaustive.
The failure or delay on your or Holyvent’s part to exercise, enforce, insist upon, or otherwise require performance of any right or provision of these Terms of Service shall not be deemed or construed as a waiver of such right or provision, and shall in no manner affect the waiving party’s right to enforce the same at a later time.
No waiver of any provision of these Terms of Service shall be effective unless made in writing and hand-signed by an authorized representative of the waiving party.
A waiver of (any breach or default of) any provision of these Terms of Service will not be construed as a further or continuing waiver of other breaches of the same or other provisions of these Terms of Service.
Enforcement of user content rules, conduct rules and other rules set forth in these Terms of Service is solely at Holyvent’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of Holyvent's right to enforce such rules in other instances.
If any provision in these Terms of Service is held or judged to be unlawful, invalid, unenforceable or void during arbitration or by a court or other tribunal of competent jurisdiction, the parties agree that (i) the provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions, (ii) the court or arbitrator should endeavor to modify the provision so as to effect the original intent of the parties as closely as possible to what is reflected in the provision, and (iii) the remaining provisions of the Terms of Service will remain unaffected and in full force and effect.
Without Holyvent’s prior written consent, which shall not be unreasonably withheld, (i) these Terms of Service, and any rights, obligations and licenses granted thereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you, whether in whole or in part and whether voluntarily or by operation of law, and (ii) any attempted, purported or actual assignment, subcontract, delegation, or transfer in violation of the foregoing shall be null and void.
Notwithstanding the provisions of the Assignment of Obligations Law, Holyvent may, at any time and without restriction, assign these Terms of Service in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to the Agreement. By virtue of such assignment, the assignee assumes Holyvent's stead, including all rights, duties, liabilities and obligations.
22. Entire Agreement
These Terms of Service (i) constitute the entire and exclusive agreement and understanding between Holyvent and you regarding Holyvent’s Services, (ii) govern your use of Holyvent’s Services, and (iii) supersede and replace any prior agreements and understandings between Holyvent and you regarding Holyvent’s Services.
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
Any and all other collateral representations, promises, conditions, representations, warranties, promises or conditions not incorporated in these Terms of Service shall not be binding on Holyvent.
23. No Agency or Partnership
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service and you agree that you are not considered, and shall not represent yourself as, an agent, partner, joint venturer, employee or franchisee of Holyvent.
24. Third-Party Beneficiaries
As per Section 6.10 of these Terms of Service, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance thereof, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third-party beneficiary thereof.
Nothing in these Terms of Service, express or implied, is intended to or shall confer upon any other third-party beneficiaries any right, benefit or remedy of any nature whatsoever under or by reason of these Terms of Service.
In addition, these Terms of Service do not create any private right of action on the part of any other third party or any reasonable expectation that Holyvent’s Services will not contain any content that is prohibited by them.
25. Survival and Effect of Termination
Upon termination of these Terms of Service, all rights and licenses granted by Holyvent will terminate and any provision which, by its nature or express terms, should survive termination, shall survive such termination or expiration, including Sections 5.2, 6.3, 6.4, 6.6, 6.7, 6.9, and 7 through 27.
Neither the termination of these Terms of Service, the removal of the Holyvent App from your iPhone or the termination of your Holyvent account will cause the deletion of any content that you have uploaded or make them inaccessible to viewing. However, such content may no longer be available and Holyvent shall not be responsible for the likely loss or deletion of it.
26. Feedback and Independent Development
You are welcome to submit feedback by emailing us at email@example.com.
If you elect to provide Holyvent with content, information, suggestions, ideas, proposals, concepts or other feedback in connection with these Terms of Service or use of Holyvent Materials (“Feedback”), you acknowledge and agree that Holyvent has no obligation (whether of confidentiality, compensation or otherwise) with respect to and is entirely free to use such Feedback, for any purposes whatsoever, including developing, manufacturing and marketing products and services, without any obligation, compensation, liability or payment of any kind to you, or restriction of any kind.
You acknowledge and agree that all Feedback will be the sole and exclusive property of Holyvent. You hereby irrevocably transfer and assign to Holyvent and agree to irrevocably transfer and assign to Holyvent all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein.
Further, you acknowledge and agree that Holyvent is engaged in creating and developing its own programs, plans and projects, which makes it possible that it might already be independently developing products services, plans and projects that are quite similar to and/or competitive with your Feedback (including the concepts contemplated by or embodied therein).
Nothing in these Terms of Service will be construed as a representation or agreement that Holyvent will or will not (i) develop, distribute, market or promote applications, services, products, concepts, systems or techniques that are similar to and/or compete with the applications, services, products, concepts, systems or techniques contemplated by or embodied in any Feedback, or (ii) compensate you or provide you with any input or response with regard to your Feedback.
27. Copyright and Trademark Information
Copyright © 2015, Holyvent, Inc., All rights reserved.
All trademarks, logos, service marks and trade names (collectively “Marks”) displayed on Holyvent.com, the Holyvent App and Holyvent’s Services registered and unregistered trademarks or service marks of Holyvent, Inc. or, where applicable, its licensors.
All other Marks are the property of their respective owners. All rights reserved.
You are not permitted to use these Marks.
Holyvent’s Services are operated and provided by Holyvent, Inc. If you are a California resident, you may have this same information emailed to you by request sent by email at firstname.lastname@example.org or postal mail at Holyvent, Inc., 3501 Jasmine Avenue, Apt #18, CA 90034 Los Angeles, United States.
28. Contact Us
If you have any question, claim or complaint, wish to report unlawful, offensive or inappropriate content, a violation or infringement of your rights, a broken feature, an impostor or hacked account, or would like to request a copy of these Terms of Service or any other records relating to these Terms of Service of your use of Holyvent’s Services, please contact us by email at email@example.com or postal mail at Holyvent, Inc., 3501 Jasmine Avenue, Apt #18, CA 90034 Los Angeles, United States.