Terms of Service
This website (“Site”) is owned and operated by Kivo Technology, Inc. (DBA Vilo Living) and its affiliated companies (“Vilo,” “Company”, “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your legal rights to use or access our services, software, mobile application, and our website (“Services”) and Vilo hardware products or devices (“Products”).
Please read these Terms carefully. Vilo may suspend or stop providing our Services to you if you do not comply with our terms or policies. By your registration, login, usage of the Services or other actions, you acknowledge that you have read and understood, and agree to accept and be bound by the Terms.
By accepting these Terms, you agree to accept all constraints, including accepting Vilo to reserve the right to modify the Terms at any time, without additional notice to you. You can log in on our website at any time to check the latest Terms of Service. If you cannot accept any content that we have changed, you shall stop using Vilo Services. By your continued use of our Services, you agree to accept and will be bound by the modified Terms of Service.
TERMS OF USAGE OF OUR SERVICES
You may visit the Site without registration. However, you need a Vilo Account (“Account”) and provide relevant personal information on the registration webpage in order to access more Services. You can delete or suspend your account under the instructions of the Site, and we will keep or delete your Account based on these Terms.
- You understand and agree that the Site is an application service product. You shall take full responsibilities for the authenticity, legality, accuracy and validity of your registration information; You shall also be responsible for updating any changes in your registration information to keep it up to date; You shall not post any information in the name of others; you shall not use registered accounts maliciously; otherwise, we reserve the right to suspend the Services and you shall fully bear all legal liability. We do not accept any responsibility or liability for any claims or loss arising from your actions.
- You shall use the Site and Services in accordance with all applicable laws and take all responsibility for activities under your registered Accounts, including your statements and any loss or damage that may directly or indirectly arise from your statements. You should estimate the risks of the content on your own and take all risks from it, including the risk that lies on the correctness, integrity or practicability of the content. Vilo will not take any responsibility for any loss or damage that results from this behavior or activity;
- You have the obligation to take good care of the registration information on the Site and are responsible for all the activities. You must immediately notify us if you find any illegal or unauthorized activities. Vilo will not be liable for damages or losses arising from a user’s non-compliance with any of the provision(s) above;
- All your statements on the Site are public information that any third party has access to. Any statement posted on the Site will be deemed as public information, and user should bear legal liability for this action. If you do not want any third party to get your statements, please do not post them on the Site.
- The user accepts that in relation to business development, we may change, suspend, restrict, terminate or revoke the rights of our services at any time without notice;
- We may include advertisements, etc. in our Services. You agree to the display of advertisements and other events from us or our related parties or cooperators while enjoying our Services;
- We have the right to suspend, at our sole discretion or determination, any content that violates the laws and regulations in any jurisdiction or these Terms; that infringes, prejudices, threatens any right or safety; or that impersonates others. We also retain the right to take proper legal actions, including but not limited to removing any illegal or infringing content, suspending the qualification of violators and saving relative information and reporting to relevant authorities based on the applicable laws and regulations;
- When you shop on the Site, you can only modify any of the following information for maintaining the account’s safety: your name, address and phone number. If you need any help, please call customer service using the phone number you put in the order. Any call from any number other than in the order requires confirmation.
User Content refers to all the content (your information, picture, music or others) resulting from downloads, releases or other activities through the Site and Vilo Service. You are solely responsible for such content, and bear all risks that result from your disclosure of such User Content.
Once you upload, release or engage in activities through the Site and Vilo Services, you automatically grant to Vilo an irrevocable, non-exclusive, sub-licensable, transferrable and royalty-free global license to:
Provide you with Vilo products and services or for the purposes of improving Vilo products and services through our use of User Content. We may also copy, publish, display, make derivative works and/or bring it to other works, or use your user Account (except for your personal information) in other ways; and you authorize us the transferrable permission for the preceding subject matter; Copy and publish your content and personal information only to designated receiver; You agree that you irrevocably waive any and all ownership, legal and moral rights to your user content.
- be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- contain or depict any statement, remark or claim that does not reflect your actual view or experience;
- impersonate, or misrepresent your affiliation with, any person or entity;
- contain any unsolicited promotion, political campaigning, advertising or solicitation;
- contain any private or personal information of a third party without such third party’s consent;
- contain any virus, corrupted data or other harmful, disruptive or destructive file or content; or
- in our sole judgment, be objectionable, restrict or inhibit any other person from using or enjoying our Services, or expose us or others to any harm or liability of any type.
RIGHTS AND OBLIGATIONS
You have the right to use the Site legally.
You have the right to upload, download, install, and use Vilo products and services on mobile communication devices.
Vilo and its related companies possess the ownership of the Vilo Accounts. You have the right to use Vilo Accounts after you complete your registration. The rights to use Vilo Accounts only belong to you, and you are not allowed to borrow, lease, license, transfer, gift or sell Vilo Accounts. Vilo has the right to retrieve any Account for operational needs.
You have the right to change and remove personal information, registered information, and any content posted. Please note that you have to take the risk that any picture or word saved in the system might also be deleted when you remove related information.
You are responsible for the safety of your Account information and password, and should bear legal liability for activities under registered Accounts. You agree not to use the passwords and Accounts of others under any circumstances. You agree to immediately notify Vilo once you suspect others using your password or Account.
Rights Limitations and Restrictions
You shall not sell, lease, transfer, release or make other commercial use of the content from the Site or Vilo products and services (including but not limited to the content or the advertisements or sponsored content);
You shall not visit the Site or use Vilo Services to establish similar or competitive services; Unless expressly prescribed by laws, you shall not copy, publish, download, change, translate, merge, decompose, and paste or decompile etc. any part of the Site or Vilo Services (including but not limited to the content or the advertisements or sponsored content) in any manner.
You understand and agree that our services are based on technical support from third parties such as Android, etc. You understand and consent that we may provide some of your personal data to such third parties in the course of receiving technical or any other support from them. You agree and authorize the Site and Vilo products and services to limit your rights of using the Site and Vilo services.
User Content means the content that is downloaded, released or generated while using the Site and Vilo products and services by users. You have to take legal responsibilities for content disclosure caused by you.
When you visit the websites and advertisement of a third party, the third party’s terms and policy applies. You will bear all risks and legal responsibility when you use third party’s services. The Site and Vilo products and services may include content provided by other users; and the interaction between you and other users only belongs to you and other users. Vilo does not control such User Content, bear legal liability, or own the obligations to check, monitor, examine and approve such User Content. You thus bear legal liability for the risks of such interaction.
LIABILITY FOR OUR SERVICES
You agree to use the Site or Services harmlessly and help Vilo to avoid bearing any lawsuit, complaint, loss, damage, responsibility, cost and fees (including but not limited to counsel fees) from any third party caused by the use of the Site or Services, your user content, your violation of these Terms.
Vilo reserves the exclusive right to defend and the right to claim for compensation.
User Content refers to all the content (your information, picture, music or others) results from downloads, releases or other activities through the Site and Vilo Services. You are solely responsible for such content, and bear all the risks results from your disclosing user content.
You will not unilaterally reconcile when you and Vilo jointly file a lawsuit against any third party without written consent from Vilo.
Vilo will reasonably notify you such lawsuit or action at law.
Under no circumstances Vilo will bear any indirect, consequential, exemplary, incidental, exceptional or punitive compensation results from these Terms. You bear all the risks from using the computer system and mobile database through the Site or Services.
DISCLAIMER OF WARRANTY
Your use of our Products and Services is at your sole risk. Except as otherwise provided in a writing by us, our Products and Services and any content therein, including User Content, are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Vilo does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Vilo attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
Some jurisdictions do not allow or limit the exclusion of certain warranties, so the disclaimers and limitations above may not apply to you to the extent applicable law so requires.
Any information posted on the Site or the interactive platform should not infringe the intellectual property of any third party. You cannot upload, release, change, spread or copy any material or trademark under copyright protection, or proprietary information of others, without the written consent of the owner. If Vilo receives the appropriate notice from any copyright owner or its legal representative, we will remove the related content after investigation.
Graphics, words and composition involving Vilo and other Vilo logos appear in Vilo products and services are the trademarks of Vilo. Without written consent, you cannot display or use them in other manners in any way. By no means can any entity or individual use, copy, change, spread, transcribe any part of the trademark or bundling sell with other products.
In addition to the provisions therefore, you can promptly contact us if you think someone copies or publishes your work on the Site, and also infringe your copyright. Please also include the following information in the written notice: (i) materials evidencing that you have copyright or you are authorized to exercise copyright of the allegedly infringing content; (ii) your explicit identification, address and contact information; (iii) the network address of the allegedly infringing content; (iv) the description of the allegedly infringing copyright works; (v) materials evidencing that your copyright infringed; (vi) under the premise that you agree to bear all consequences of perjury, you issue written statement of the accuracy and authenticity of the content in your written notice.
MODIFICATION AND TERMINATION
We may change or modify terms of these Terms at any time, and will notify you through your email address or notifications on the Site. Your use of the Site and all other services of Vilo after modifications to the terms indicate that you agree to such changes; Vilo reserves the right to modify, keep and suspend the Site and Vilo products and services without notification from time to time;
You agree that Vilo will not take any responsibility for changing, reserving or suspending the Site and Vilo products and services, the actions taken by other services, or third parties.
Vilo reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any aspect of the Products and Services without advance notice. All modifications and additions to the Products and Services will be governed by the Terms unless otherwise expressly stated by Vilo in writing. Vilo will not be liable to you or to any third-party for any modification, suspension or discontinuance of the Products and Services or any part thereof.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VILO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY FILTERS OR PRODUCT PURCHASED THROUGH THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED (INCLUDING, WITHOUT LIMITATION ANY FILTERS OR OTHER PRODUCT PURCHASED THROUGH THE SERVICES) OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL VILO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID VILO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution
Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to 218 Main Street, #724, Kirkland, WA 98033 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/ as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Kivo Technology, Inc. (DBA Vilo Living)
3600 136th Pl SE, Suite 300, Bellevue, WA 98006