Terms of Use

last updated: February 1, 2022

Please read these Terms of Service (“Terms of Use”, “Terms”, “Terms and Conditions”) carefully. These Terms of Service help define ViviFunny’s relationship with you as you interact with our services. Access to, and use of ViviFunny’s (“We”, “Us” or “Our”) services (“Services”) which includes the mobile apps (the “App”), and the ViviFunny website https://www.vivifunny.com/ (“Website”), including any of its content, is conditional on your agreement to these Terms. You must read, agree with, and accept all of the terms and conditions contained in these Terms. By downloading, updating, accessing and/or using the Services, you are bound to these Terms and you indicate your continued acceptance of these Terms. IF YOU DO NOT AGREE ANY PART OF THE TERMS, DO NOT USE THE SERVICE.

Age Requirements

No one under 13 is allowed to create an account or use the Services.

Restrictions on Use the Services

You are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related products, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related products for violating any of the prohibited uses.

You will comply with all applicable laws in your access and use of the Services, including the laws of your country.

Subscriptions

Some of our Services are billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (“Billing Cycle”). Billing cycles are typically weekly, monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal either through your App Store, Play Store or a third party Subscription management page. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

For any Subscription Services offered by us, we accept payment via the current payment method indicated prior to purchase, which may include Apple Payments and any other form of payment that we make available to you from time to time. You agree to abide by any relevant terms of Services or other legal agreement whether with Apple or a third party, that governs your use of a given payment processing method.

Content

1. Our Services allows you submit an image, photo or other content (“Your Content”) to create some funny content. You hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, adapt, display, and perform Your Content. You also permit other users to access, display, view, store and reproduce such Content for personal use under this Terms. Please do not submit Your Content to our Services if do not wish to grant us the rights set forth in this Section.

2. Any content that you send or upload to our Services will be deemed NOT to be confidential or proprietary, and You expressly agree that you waive any trade secret or other confidentiality rights with respect to such uploaded Content. You understand that you are solely responsible for Your Content. You represent and warrant that you have the necessary rights to Your Content, including the right to assign or grant a license to your rights in these Terms.

3. Your Content must not:

1. include any content that You do not have permission, right or license to use;

2. include any defamatory, libelous, abusive, vulgar, offensive, derogatory, harmful, unlawful, deceptive, harassing, threatening, hateful, violent, racist, obscene or pornographic content or content that may otherwise be objectionable;

3. violate any local, national or foreign law;

4. contain sexually suggestive explicit content;

5. contain underage or non-consensual sexual themes, including child sexual abuse content;

6. comprise, endorse or promote any illegal, fraudulent or manipulative activity;

7. include any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

8. contain any personal or private information of a third party without such third party’s consent;

9. infringe or violate any letters, patents, copyrights, trademarks or the like;

4. You warrant and represent that you own or otherwise control all of the rights to Your Content, including without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, grant the license as above mentioned and for us to post, upload, cross-post and cross-upload the content.

5. You warrant that the creation, modification or any other use of the Content does not infringe or violate any third-party rights (including any intellectual property rights or privacy or publicity rights);

6. If you fail to comply, we reserve the right (but shall have no obligation) to remove any offending content, terminate you access for uploading Content, at any time, without prior notice and at our sole discretion.

Privacy Policy

To make our data collection practices clear, thorough, and easy to understand, we have provided Privacy Policy which specifies the way we collect and use your personal information, etc. Privacy Policy applies to use of our Services, and its terms are made a part of these Terms of Use by this reference. Please make sure that you read our entire Privacy Policy to fully understand our practices and how we handle your information. Additionally, by using our Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any Content or information you send to our Services may be view or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Copyright Infringement

ViviFunny retains all right, title, and interest in and to our Services, includes but not limited to words, software, audios and videos, photos, diagrams, all contents in advertisements, the commercial information we offer to you, etc., and any rights not granted to you herein are reserved by ViviFunny. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate our Services, or otherwise attempt to derive the source code of our Services, except to the extent allowed under any applicable law. You are allowed to use these contents only when you have our authorization; no unauthorized reproduction, modification or compilation of these contents or creation of relevant derivative works are permitted.

ViviFunny respects the intellectual property of others, and we ask our users to do the same. If you believe in good faith that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please provide ViviFunny’s Copyright Agent the following information:

– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

– a description of the copyrighted work or other intellectual property that you claim has been infringed and information reasonably sufficient to permit us to locate the work.

– your address, telephone number, and email address;

– a statement that you has a good faith belief that use of the work in the manner complained of is not authorized by the copyright owner, its agent, or the law;

– 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 an exclusive right that is allegedly infringed.

Send the above information to copyright@vivifunny.com

Indemnification

YOU AGREE TO INDEMNIFY AND PROTECT US. You agree to indemnify and hold Us, Our officers, directors, employees, agents, attorneys, representatives and shareholders harmless from and against any and all claims, costs, expenses, damages and liabilities on account of your violation of this Terms and our Privacy Policy. If ViviFunny does take any legal action against you as a result of your violation of these Terms of Use, ViviFunny will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ViviFunny. You agree that ViviFunny will not be liable to you or to any third party for termination of your access to our Services as a result of any violation of these Terms of Use.

Limitation Of Liability & Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

IN PARTICULAR, VIVIFUNNY DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIVIFUNNY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

VIVIFUNNY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIVIFUNNY SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY CHANGES WHICH VIVIFUNNY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE VIVIFUNNY WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT VIVIFUNNY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Third Party Websites

Users of the Services may gain access from the Services to third party sites on the Internet or applications in app stores through hypertext or other types of links in the Services. Third party sites are not within the supervision or control of VIVIFUNNY or its Services. Unless explicitly otherwise provided, neither VIVIFUNNY nor the Services make any representation or warranty whatsoever about any third party site or application that is linked to the Services, or endorse the products or services offered on such sites anв applications. VIVIFUNNY and the Services disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Services or VIVIFUNNY with respect to such sites and third party content.

Termination

VIVIFUNNY reserves the right to suspend or terminate your access to the services or delete your VIVIFUNNY Account ,without prior notice, if any of these things happen:

– you materially or repeatedly breach these terms, Services-specific additional terms or policies

– we’re required to do so to comply with a legal requirement or a court order

– we reasonably believe that your conduct causes harm or liability to a user, third party, or VviFunny — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you

VIVIFUNNY reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Of course, you’re always free to stop using our Services at any time.

All provisions of this Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to ViviFunny or its Services, including without limitation any indemnification obligations contained herein.

Changes

We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Services, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

Other

– You agree that if ViviFunny does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ViviFunny has the benefit of under any applicable law), this will not be taken to be a formal waiver of ViviFunny’s rights and that those rights or remedies will still be available to ViviFunny;

– Any part, provision, representation or warranty of this Terms which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof;

– This Terms shall be governed by and construed in accordance with laws of the People’s Republic of China(“PRC”) without giving effect to any conflict of laws principles of PRC, regardless of Your location. Both we and users agree to resolve the issues arising from these Terms through consultation. If consultation fails, either side can submit the issues to arbitration in accordance with this clause, then any such dispute will be finally and exclusively settled by the China International Economic and Trade Arbitration Commission (CIETAC) South China Sub-Commission for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

– We reserve the right to interpret these Terms and decide on any questions or disputes arising under these Terms. You agree that all such interpretations and decisions shall be final and conclusive, and binding on you as a user of our Service.

Contact Us

If you have any questions, comments or suggestions about this Terms or our Services, please contact us. The email address is support@vivifunny.com.