Alviy Terms of ServicePublished: October 11, 2012
Effective: 01 December 2012
The previous version of the Terms can be found here.
Help us protect your content. Keep your password to our Services private and up-to-date information provided in your account. Do not share your account identification information with anyone and do not give other people access to your account.
Some of our Services allow you to download client software (hereinafter referred to as the "Software"), which may be automatically updated. Before so long as you comply with these Terms, we grant you a limited non-exclusive, non-exclusive transferable and revocable license to use the Software solely for gaining access to the Services. To the extent that components of this Software may offered under an open source software license, we provide you with such license, and the terms of such license may expressly take precedence over certain the terms of these Terms. Unless the following restrictions are prohibited by law, you agree not to perform and not attempt to reverse engineer or decompile the Services and not provide help someone with this.
Invoicing. You can increase your free account limits and add additional paid features to your account (thus, your account becomes a "Paid Account"). We will automatically bill you from the date you switch to a Paid Account and at each periodic extension until the cancellation date. If you have signed up for an annual plan, we will send you an email notification with a reminder of the plan's impending renewal within a reasonable period of time before the renewal date. You are responsible for paying all applicable taxes and we will withhold taxes. Some countries have mandatory laws regarding your right to opt-out, and this the paragraph of the Terms does not take precedence over these laws.
Non-refundable amounts. You can cancel your Alviy Paid account at any time. Payments are refundable only if required by law. For example, a user residing in the European Union has the right to cancel a Paid Account subscription at within 14 days of registering the relevant account, upgrading the account, or renewing the subscription to a Paid account.
Returning to a free subscription. Your Paid account will continue to function until the subscription is canceled or terminated in accordance with these Terms. In case of failure to make timely payment Paid Account, we reserve the right to suspend your Paid Account subscription or remove Paid Account features.
Changes. We may change the current rates, but in this case we will send you advance notice about such changes via a message sent to the email address associated with your account.
You can stop using our Services at any time. We reserve the right to suspend or cancel your access to the Services by sending you a notification if:
(a) You have violated these Terms
(b) you use the Services in a way that causes us or other users a real threat of harm or loss,
(c) You do not have a Paid Account subscription and have not exercised for 12 consecutive months access to our Services.
We will notify you in advance at the email address associated with your account within a reasonable time, so that we can correct the action that forced us to contact you, and you would have the ability to export your content from our Services systems. If, upon receipt of such notice, you fail to take the action we have asked you to take, we will revoke or temporarily suspend your access to Services.
We will not send a notification before access is revoked if:
(a) You have committed a serious breach of these Terms
(b) sending a notice would result in our legal liability or jeopardize the ability to provide Services to other users,
(c) The law forbids us from doing this.
We may stop providing the Services if unforeseen circumstances arise that are beyond control of Alviy, or we need to comply with legal requirements. In this case, we within a reasonable time We will send you advance notice so that you can export your content from our systems. If we stop providing the Services for such reasons until the end of any fixed or minimum period, which you paid, we will return the part of the funds that was paid, but for which you were not provided Services.
Services AS IS
We strive to provide excellent Services, but there are certain conditions we cannot guarantee. IN TO THE MAXIMUM EXTENT PERMITTED BY LAW, Alviy, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES. SERVICES PROVIDED ON AN "AS IS" BASIS. WE ALSO MAKE NO WARRANTY OF MERCHANTABILITY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. In some countries, disclaimers, provided above are not permitted and in such cases they may not apply to you.
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT IS UNLAWFUL; HERE INCLUDES ANY LIABILITY FOR FRAUD AND DEFURENCE ON THE PART OF Alviy AND ITS AFFILIATES DURING THE PROVISION OF THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCEPTIONS DO NOT WE ARE LIABLE TO YOU ONLY FOR LOSS AND DAMAGE WHAT WERE REASONABLE A FORESEEABLE RESULT OF OUR INABILITY TO ACT RATIONALLY AND PROFESSIONALLY OR A BREACH AGREEMENT WITH YOU ON OUR PART. THIS PARAGRAPH DOES NOT AFFECT THE RIGHTS OF CONSUMERS FROM WHICH SHOULD NOT BE WHICH CANNOT BE LIMITED BY ANY CONTRACT OR AGREEMENT.
WHERE THE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE PERMITTED, ALVIY AND ITS AFFILIATES INDIVIDUALS, SUPPLIERS AND DISTRIBUTORS ARE NOT RESPONSIBLE FOR:
i. ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR PUNITIVE DAMAGES, AND ALSO
ii. LOSS OF DATA, LOSS OF PERFORMANCE, LOSS OF BUSINESS OPPORTUNITY OR BENEFITS, REGARDLESS OF THE LEGISLATIVE FRAMEWORK.
THE EXCLUSIONS AND LIMITATIONS SHALL APPLY WHETHER WARNING IS WARNED TO ALVIY OR ITS AFFILIATES ON THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE USING THE SERVICES FOR COMMERCIAL OR BUSINESS OR RESALE PURPOSES, ALVIY, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS STOP OR LOST COMMERCIAL OPPORTUNITIES. ALVIY AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR THE CONDUCT (AS IN ONLINE AND OFFLINE) USERS OF THE SERVICES.
EXCEPT FOR THE TYPES OF LIABILITY WHICH WE HAVE NO LAW TO LIMIT (AS STATED HEREIN) SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF THE FOLLOWING: $20 OR 100% OF ANY AMOUNT YOU PAID FOR YOUR CURRENT Alviy SUBSCRIPTION.
We prefer to deal with your questions and complaints without recourse to litigation. Before as file a claim against Alviy, you agree to attempt to resolve the dispute, without recourse to court, by notifying us at [email protected]. We, in turn, will also try to resolve conflicts that have arisen without going to court and contact you using the provided e-mail address mail. If the dispute is not resolved within 15 days after the notice is filed, you or Alviy have the right to initiate formal legal proceedings.
These Terms constitute the entire agreement between you and Alviy with respect to the subject matter of these of the Terms and supersede any other prior or contemporaneous agreements or terms, applicable to the subject matter of these Terms. These Terms do not grant any rights to third parties, benefiting from them.
We may change these Terms from time to time to better suit:
(a) changes in legislation,
(b) new regulations,
(c) improvements and enhancements to our Services.
If any changes affect your use of the Services or your legal rights as a user of our Services, we will notify you prior to the entry into force of such changes through the appropriate electronic message sent to the email address associated with your account or through a system notification. Such changes will take effect no later than 30 days from the date we notify you.
If you do not agree with the changes we have made, please unfollow your account before these the changes will take effect. Where applicable, we will offer you a prorated refund of according to how much you have paid in advance for the use of the Services and what was the date canceling a subscription. By continuing to use or access the Services after such changes, you agree to the amended Terms.