ACCEPTABLE USE POLICY
This Acceptable Use Policy (this "Policy") describes permitted and prohibited uses of any Adaviv Inc. owned or operated website ("Website"), Mobile, iOS or Android Applications ("Mobile App") such as FLoC or Web Applications (“Web App”) such as We’d, as well as any electronic transmission sent, received, posted, accessed, or stored via any network ("Network"). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the Adaviv or We’d websites. If you violate this Policy or authorize or help others to do so, we may suspend or terminate your We’d account. In addition, if we believe or suspect that any transaction or activity violates this Policy or is otherwise a misuse of a website or Web App, we may take other corrective action that we deem appropriate, including blocking the transaction, withholding funds, restricting use of We’d, or removing, disabling access to, or modifying any content or resource that violates this Policy.
Please use the Contact Us page to report any violation of this Policy.
By accessing or using our Website, Mobile App or Network, you agree to these terms (collectively the "Policy"), as Adaviv may modify it from time to time. Modifications to this Policy are effective upon its posting on our Website. If you do not agree to accept and comply with the Policy, then do not access or use our Website or Network.
We do not allow the use of scripts and automation tools to help complete any Human Intelligence Tasks ("HITs") on the We’d website and no tools or scripts should serve as a substitute for your human judgment to complete work. You are not permitted to extract and store data from the We’d Application or Adaviv website and may not in any way disrupt or impair the operation of the Application or Website or the integrity of the either (e.g., scripts and automation tools that call or access the website or Web Application continuously and at high frequency aren’t OK).
AGREEMENT TO TERMS
The information provided on the Site, Mobile App or Web Application is 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site or Web Application or Web Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, Mobile App or Web Application (or any portion thereof).
You may be required to register with the Site, Mobile App or Web Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site, Mobile App or Web Application for any purpose other than that for which we make the Site, Mobile App or Web Application available. The Site, Mobile App or Web Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site or Web Application, you agree not to:
1. Systematically retrieve data or other content from the Site or Web Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site or Web Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use the Site, Mobile App or Web Application to advertise or offer to sell goods and services.
4. Circumvent, disable, or otherwise interfere with security-related features of the Site, Mobile App or Web Application, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of the Site, Mobile App or Web Application and/or the Content contained therein.
5. Engage in unauthorized framing of or linking to the Site, Mobile App or Web Application.
6. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
7. Interfere with, disrupt, or create an undue burden on the Site, Mobile App or Web Application or the networks or services connected to the Site, Mobile App or Web Application.
8. Attempt to impersonate another user or person or use the username of another user.
9. Use the Site, Mobile App or Web Application as part of any effort to compete with us or otherwise use the Site, Mobile App or Web Application and/or the Content for any revenue- generating endeavor or commercial enterprise.
10. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, Mobile App or Web Application.
11. Attempt to bypass any measures of the Site, Mobile App or Web Application designed to prevent or restrict access to the Site, Mobile App or Web Application, or any portion of the Site, Mobile App or Web Application.
12. Delete the copyright or other proprietary rights notice from any Content.
14. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, Mobile App or Web Application.
15. Use the Site, Mobile App or Web Application in a manner inconsistent with any applicable laws or regulations.
16. copy, download or use any images displayed or shown on the application in any way other than for what the application intends - which is to perform image annotation tasks on images - without expressed written permission.
17. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other established channels, such as email, Slack message channels or a Adaviv Message Center that may be established, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USER GENERATED CONTRIBUTIONS
The Site, Mobile App or Web Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, Mobile App or Web Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site or Web Application and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
All content included in or made available through this application or any related Adaviv Application you interact with, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Adaviv or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Adaviv Application or Service is the exclusive property of Adaviv and protected by U.S. and international copyright laws.
We’d, Adaviv, the Adaviv logo as displayed on this application and the Adaviv website is a Registered Trademark and Adaviv Inc. asserts all proprietary rights in and to all names and trademarks contained in this Application and in any associated online application, Mobile App and web site, regardless of whether a trademark registration has been secured. Any use of Adaviv’s trademarks including the We’d name and the Adaviv Logo in any form, in connection with any product or service that does not belong to Adaviv, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of such owner and may be actionable under United States Trademark Laws and/or International Trademark Laws and the Trademark or equivalent laws of other countries. Adaviv's trademarks and trade dress may not be used in connection with any product or service that is not Adaviv’s, in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits Adaviv.
By posting your Contributions to any part of the Site, Mobile App or Web Application, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any HIT, form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site, Mobile App or Web Application. You are solely responsible for your Contributions to the Site, Mobile App or Web Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re- categorize any Contributions to place them in more appropriate locations on the Site, Mobile App or Web Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, Mobile App or Web Application ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site, Mobile App or Web Application infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site or Web Application infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site, Mobile App or Web Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site, Mobile App or Web Application. We also reserve the right to modify or discontinue all or part of the Site, Mobile App or Web Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, Mobile App or Web Application.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States County, Massachusetts. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site, Mobile App or Web Application be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site, Mobile App or Web Application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site, Mobile App or Web Application at any time, without prior notice.
The site is provided on an as-is and as-available basis. you agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any 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.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
We will maintain certain data that you transmit to the Site, Mobile App or Web Application for the purpose of managing the performance of the Site, Mobile App or Web Application, as well as data relating to your use of the Site, Mobile App or Web Application. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site, Mobile App or Web Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, Mobile App or Web Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, Mobile App or Web Application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site, Mobile App or Web Application or to receive further information regarding use of the Site, Mobile App or Web Application, please contact us at: Adaviv Inc. 444 Somerville Ave. Somerville, MA 02143. United States. email@example.com