Terms of Service – Viver Bem Usa

Service Terms

Last updated December 13, 2022. These Terms of Service (which, together with the Business Terms below, are the “Terms”) are effective immediately for users who access or use the Service without an Account or register Accounts from December 13, 2022, and will be effective January 31, 2023, for users with pre-existing accounts.

PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS WHICH, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST VIVERBEMUSA / ALLSTARPIXEL, BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY REPRESENTATIVE CLASS, GROUP OR ACTION OR PROCEEDING.

These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls and text messages) and mobile applications (collectively, the “Service” ).. By accessing or using the Service, you agree to these Terms, which form a legally binding agreement with: (i) VIVERBEMUSA / ALLSTARPIXEL, a Massachusetts corporation, an established limited liability company.

DEFINITIONS

Parties. “You” and “your” refer to you as a user of the Service. A “user” is someone who accesses or otherwise uses the Service. “We”, “we” and “our” refer to VIVERBEMUSA / ALLSTARPIXEL and its subsidiaries.

Happy. “Content” means text, images, photos, audio, video and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through or in connection with the Service, such as ratings, reviews, photos, videos, praise, invitations, check-ins, votes, friend and follow activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, though, or in connection with the Service. “VIVERBEMUSA / ALLSTARPIXEL Content” means Content that we create and make available in connection with the Service. “Third-party Content” means Content originating from third parties other than VIVERBEMUSA / ALLSTARPIXEL or its users, which is made available in connection with the Service. “Service Content” means all Content made available in connection with the Service, including Your Content, User Content, VIVERBEMUSA / ALLSTARPIXEL Content and Third-Party Content.

Websites and Accounts. “Consumer website” means VIVERBEMUSA / ALLSTARPIXEL consumer website (www.viverbemusa.com and related domains) and mobile applications. “Consumer Account” means the account you create to access or use the Consumer Site. “Business Account” means the account you create to access or use the VIVERBEMUSA / ALLSTARPIXEL for Business Owners website and mobile applications. “Account” means any Consumer Account or Business Account.

CHANGES TO THE TERMS

We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms in effect at the time of your access or use of the Service. If we make material changes to these Terms, we will notify you by email, posting a notice on the Service and/or by another method prior to the effective date of the changes. We will also indicate at the top of this page the date such changes were last made. You should review these Terms regularly as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.

TRANSLATION

We may translate these Terms into other languages for your convenience. However, the English or Portuguese version governs your relationship with VIVERBEMUSA / ALLSTARPIXEL.

USING THE SERVICE

Eligibility. To access or use the Service, you must have the necessary power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of VIVERBEMUSA / ALLSTARPIXEL or if we have previously banned you from the Service or closed your Account.

Permission to use the service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning of potential risks or dangers, or is inappropriate.

Service available. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

Accounts. You must create an Account and provide certain information about yourself in order to use some of the features offered by the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your account. You agree to immediately notify us of any unauthorized use of your account. We reserve the right to terminate your account at any time for any or no reason.

Your consumer account is for your personal, non-commercial use only, and you may not create or use a consumer account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an account to reinforce your credibility as a contributor to the Service. You may not impersonate another person, provide an email address other than your own, create multiple accounts or transfer your personal account to another person without the prior approval of VIVERBEMUSA / ALLSTARPIXEL.

Communications from VIVERBEMUSA / ALLSTARPIXEL and others.

By accessing or using the Service, you agree to receive communications from other users and VIVERBEMUSA / ALLSTARPIXEL through the Service or any other means, such as emails, push notifications, text messages (including SMS and MMS) and phone calls. These communications may promote VIVERBEMUSA / ALLSTARPIXEL or companies listed on VIVERBEMUSA / ALLSTARPIXEL and may be initiated by VIVERBEMUSA / ALLSTARPIXEL, companies listed on VIVERBEMUSA / ALLSTARPIXEL or other users. You also understand that communications may be sent using an automated telephone dialing system and that you may be charged by your telephone service provider for certain communications, such as SMS messages or telephone calls. You agree to notify us immediately if telephone numbers you have provided to us have changed or been disconnected. Please note that all communications, including telephone calls, with VIVERBEMUSA / ALLSTARPIXEL or made through the Service may be monitored and recorded for quality purposes.

You can opt out of certain communications.

CONTENT

Responsibility for its content. You are solely responsible for Your Content and, once posted on VIVERBEMUSA / ALLSTARPIXEL, it cannot always be removed. You assume all risks associated with Your Content, including any person’s reliance on its quality, accuracy or reliability and any risks associated with the personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by VIVERBEMUSA / ALLSTARPIXEL.

You may expose yourself to liability if, for example, Your Content contains false, intentionally misleading or defamatory material; violates any third party right, including any copyright, trademark, service mark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; contains illegal material, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violate these Terms.

Our right to use your content. We may use Your Content in many ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with its own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, and transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant users of the Service and any Other Media the right to access Your Content in connection with your use of the Service and any Other Media. Finally, you irrevocably waive and cause to be waived against VIVERBEMUSA / ALLSTARPIXEL and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean using, copying, publicly performing, publicly displaying, reproducing, distributing, modifying, translating, removing, analyzing, marketing, and preparing derivative works of Your Content.

Property. As between you and VIVERBEMUSA / ALLSTARPIXEL, you are the owner of your content. We own VIVERBEMUSA / ALLSTARPIXEL Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including but not limited to our selection, coordination, aggregation and organization of User Content and other Service Content), computer code, products, software, aggregated star ratings and all other elements and components of the Service except Your Content, User Content and Third-Party Content. We also own the worldwide copyrights, trademarks, service marks, trade names, trade secrets and other intellectual and proprietary rights associated with the VIVERBEMUSA / ALLSTARPIXEL Content and the Service, which are protected by copyright, trade dress, patent, trademark and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations, publicly display or in any way use or exploit any VIVERBEMUSA / ALLSTARPIXEL content in whole or in part, except as expressly authorized by us. Except as expressly and unequivocally provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and VIVERBEMUSA / ALLSTARPIXEL Content are retained by us. trademark and trade secret laws and all other applicable intellectual and property rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations, publicly display or in any way use or exploit any VIVERBEMUSA / ALLSTARPIXEL content in whole or in part, except as expressly authorized by us. Except as expressly and unequivocally provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and VIVERBEMUSA / ALLSTARPIXEL Content are retained by us. trademark and trade secret laws and all other applicable intellectual and property rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations, publicly display or in any way use or exploit any VIVERBEMUSA / ALLSTARPIXEL content in whole or in part, except as expressly authorized by us. Except as expressly and unequivocally provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and VIVERBEMUSA / ALLSTARPIXEL Content are retained by us. publicly display or in any way use or exploit any VIVERBEMUSA / ALLSTARPIXEL content in whole or in part, except as expressly authorized by us. Except as expressly and unequivocally provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and VIVERBEMUSA / ALLSTARPIXEL Content are retained by us. publicly display or in any way use or exploit any VIVERBEMUSA / ALLSTARPIXEL content in whole or in part, except as expressly authorized by us. Except as expressly and unequivocally provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and VIVERBEMUSA / ALLSTARPIXEL Content are retained by us.

Announcement. VIVERBEMUSA / ALLSTARPIXEL and its licensors may publicly display advertisements, paid content, and other information close to or associated with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Other. User Content (including any that may have been created by users employed or contracted by VIVERBEMUSA / ALLSTARPIXEL) does not necessarily reflect the opinion of VIVERBEMUSA / ALLSTARPIXEL. Except as required by law, we are under no obligation to retain or provide you with copies of Your Content and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, filter, edit or reinstate User Content in our sole discretion, for any reason or no reason and without notice. For example, we may remove a review if we believe it violates our Content Guidelines. Except in accordance with the verified license program of VIVERBEMUSA / ALLSTARPIXEL, VIVERBEMUSA / ALLSTARPIXEL does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about such licenses directly with the business. Companies whose licenses have been verified by VIVERBEMUSA / ALLSTARPIXEL will have a “License Verified” stamp displayed on their VIVERBEMUSA / ALLSTARPIXEL business page.

RESERVATIONS AND TRANSACTIONS

Generally. You may access features through the Service that allow you to make reservations or transact online with local businesses, such as making restaurant or spa reservations, ordering food delivery or scheduling appointments. These features may be provided by third-party VIVERBEMUSA / ALLSTARPIXEL partners, including through iframes or similar formats, and their use may be governed by different or additional terms presented to you as part of the booking process or transaction. Please note that these third-party partners and/or the local companies that carry out transactions themselves are responsible for fulfilling such reservations and transactions.

Payments and Cancellations. You may be required to provide your credit card information to confirm a reservation and any applicable fees, including cancellation or no-show fees, will be charged in accordance with the local company’s cancellation policy provided at the time of booking. You agree that VIVERBEMUSA / ALLSTARPIXEL may facilitate such payments and collections on behalf of the local transaction company.

Coupons. Any coupons that VIVERBEMUSA / ALLSTARPIXEL may issue for use in connection with the Service are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the date of issue. , unless otherwise specified. If your account is terminated, you will not be able to use any unexpired or unused coupons, and such coupons will automatically terminate and cannot be redeemed unless required by law.

REPRESENTATIONS AND WARRANTIES

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action in our sole discretion.

You represent and warrant that:

You have read and understood our Content Guidelines.

You have read and understood our Privacy Policy. If you use the Service outside the United States of America, you agree that your personal data will be transferred to and processed in the United States of America; It is.

Before attending any event listed on the Service, you have read and agreed to our Event Terms and Conditions.

You further represent and warrant that you will not, and will not, assist, encourage, or permit others to use the Service to:

Violate our Terms, including the Content Guidelines and Event Terms and Conditions.

Post any false or defamatory review, exchange reviews with others or compensate someone or be compensated for posting, refraining from posting or removing a review.

Violate any third-party rights, including any breach of trust, copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right.

Threaten, stalk, harm or harass others, or promote bigotry or discrimination.

Promote a business or other commercial venture or event, or use the Service for commercial purposes, except in connection with a Business Account in accordance with the Business Terms.

Send mass emails, surveys or other mass messages, whether of a commercial or non-commercial nature; engage in keyword spam or attempt to manipulate the Service’s search results, review recommender Software (as defined in the Business Terms below) or any third-party website.

Soliciting personal information from minors or sending or transmitting pornography.

Violate any applicable law.

Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations, publicly display, sell, market or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by VIVERBEMUSA / ALLSTARPIXEL;

Use any robot, spider, service search/retrieval application or other automated device, process or means to access, retrieve, copy, scrape or index any portion of the Service or any Content on the Service, except as expressly permitted by VIVERBEMUSA / ALLSTARPIXEL ( for example, as described at www.VIVERBEMUSA.com , www.ALLSTARPIXEL.com.

Reverse engineer any part of the Service, unless applicable law prohibits such restriction, in which case you agree to provide us with 30 days’ written notice here.

Remove or modify any copyright, trademark or other proprietary rights notice appearing anywhere on the Service or on any material printed or copied from the Service.

Access, retrieve or index any portion of the Service for purposes of building or populating a searchable database of business analytics.

Reformat or frame any part of the Service.

Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the VIVERBEMUSA / ALLSTARPIXEL technology infrastructure or otherwise make excessive traffic demands of the Service.

Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means.

Use the Service or any Service Content to transmit any computer viruses, worms, bugs, Trojan horses, malicious code, spyware, malware, or other items of a destructive or harmful nature.

Use any device, software or routine that interferes with the proper working of the Service or attempts to interfere with the proper working of the Service.

Use the Service to breach the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with security or cause damage to the Service or Service Content; or

Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Service, features that prevent or restrict use or copying of Service Content, or features that impose limitations on use of the Service.

ADDITIONAL POLICIES AND TERMS

Copyright and trademark disputes. You agree to follow our Infringement Policy when notifying us of copyright and trademark disputes relating to User Content. You agree that we may forward any notices you send pursuant to our Infringement Policy to the user who submitted the User Content in question.

Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules or guidelines that we may post or link to from the Service (the “Additional Terms”). All such Additional Terms are incorporated by reference and form part of these Terms. If you have a business account, the Business Terms provided below apply to you.

SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain third party confidential or proprietary information, (ii) we have no obligation of confidentiality, express or implied, to regarding the Feedback, (iii) we may have something similar to the Feedback already under consideration or under development, (iv) we are under no obligation to review, consider or implement the Feedback, or to return all or part of the Feedback to you, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable and transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive and cause to be waived against VIVERBEMUSA / ALLSTARPIXEL and its users any claims and assertions of any moral rights contained in such Feedback.

THIRD PARTY CONTENT AND SERVICES

The Service may host Third Party Content or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third-Party Content or Third-Party Services. You agree that we are not responsible for the availability, accuracy or content of any Third-Party Content or Third-Party Service. Your use of and reliance on any Third-Party Content or Third-Party Service is at your own risk.

Some of the services made available through the Service and Third-Party Services may be subject to additional third-party terms of service, privacy policies, licensing terms and disclosures and other terms, conditions, and policies, including but not limited to those posted here. It is your responsibility to familiarize yourself with such applicable third-party terms.

INDEMNITY

(v) your products or services, or the marketing or provision thereof to end users; or (vi) infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. VIVERBEMUSA / ALLSTARPIXEL reserves the right, at its expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us and you agree to cooperate with our defense of these claims. You agree not to resolve any issue without the prior written consent of VIVERBEMUSA / ALLSTARPIXEL. VIVERBEMUSA / ALLSTARPIXEL will make all reasonable efforts to notify you of any claim, action or proceeding upon becoming aware of it. or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. VIVERBEMUSA / ALLSTARPIXEL reserves the right, at its expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to resolve any issue without the prior written consent of VIVERBEMUSA / ALLSTARPIXEL. VIVERBEMUSA / ALLSTARPIXEL will make all reasonable efforts to notify you of any claim, action or proceeding upon becoming aware of it. or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. VIVERBEMUSA / ALLSTARPIXEL reserves the right, at its expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to resolve any issue without the prior written consent of VIVERBEMUSA / ALLSTARPIXEL. VIVERBEMUSA / ALLSTARPIXEL will make all reasonable efforts to notify you of any claim, action or proceeding upon becoming aware of it. at your expense, assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to resolve any issue without the prior written consent of VIVERBEMUSA / ALLSTARPIXEL. VIVERBEMUSA / ALLSTARPIXEL will make all reasonable efforts to notify you of any claim, action or proceeding upon becoming aware of it. At your expense, assume the exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to resolve any issue without the prior written consent of VIVERBEMUSA / ALLSTARPIXEL. VIVERBEMUSA / ALLSTARPIXEL will make all reasonable efforts to notify you of any claim, action or proceeding upon becoming aware of it.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF THE VIVERBEMUSA / ALLSTARPIXEL ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT CANNOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE LOWERING SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE VIVERBEMUSA/ALLSTARPIXEL ENTITIES MAY NOT MONITOR, CONTROL OR VET CONTENT OF THE USER OR A CONTENT THIRD PARTY. THEREFORE, YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE VIVERBEMUSA / ALLSTARPIXEL ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY OR RELIABILITY OF THE SERVICE, ITS SECURITY OR PROTECTION, INCLUDING, WITHOUT LIMITATION, THE SECURITY OF YOUR DATA OR SERVICE CONTENT. THUS, VIVERBEMUSA / ALLSTARPIXEL ENTITIES ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE THAT MAY ARISE, FOR EXAMPLE, FROM THE INOPERABILITY OF THE SERVICE,

VIVERBEMUSA / ALLSTARPIXEL ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO THIRD PARTIES, SUCH AS COMPANIES OR ADVERTISERS LISTED ON THE SERVICE OR OFFERING GOODS OR SERVICES THROUGH THE SERVICE, OR USERS OF THE SERVICE. THEREFORE, VIVERBEMUSA / ALLSTARPIXEL ENTITIES ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE THAT MAY ARISE FROM THE ACTIONS OR OMISSIONS OF SUCH THIRD PARTIES, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR COMPANY MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE COMPANIES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR SOLE RISK.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR DISSATISFACTION WITH THE SERVICE, RELATED SERVICES OR ANY OTHER CLAIM SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICE.

THE MAXIMUM AGGREGATE LIABILITY OF THE VIVERBEMUSA / ALLSTARPIXEL ENTITIES TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN RELATION TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE VIVERBEMUSA / ALLSTARPIXEL ENTITIES IN CONNECTION TO SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) US$100.

The responsibility of the entities ViverBemusa / Allstarpixel will be limited to the maximum permitted by law, the entities Living / AllstarPixel will not be responsible for any (i) indirect, special, incidental, punitive, exemplary, confidence or consequent damage, (ii) loss of profits or REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATION DAMAGE, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY IN CONNECTION WITH A CONSUMER ALERT POSTED ON ANY VIVERBEMUSA / ALLSTARPIXEL BUSINESS PAGE FOR YOUR BUSINESS. THE DISCLAIMERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 SHALL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

ARBITRATION, DISPUTES AND CHOICE OF LAW

If you are a resident of the United States or Canada:

EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF CLAIM, RELIEF OR DISPUTE THAT MAY ARISE BETWEEN YOU AND VIVERBEMUSA / ALLSTARPIXEL (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL MANNER; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. UNLESS YOU AND VIVERBEMUSA / ALLSTARPIXEL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE IN A SIMILAR SITUATION, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF PROCEEDING BY REPRESENTATIVE OR CLASS. YOU AND VIVERBEMUSA / ALLSTARPIXEL EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY.

“Excluded Claims” means: (a) Claims brought by you or VIVERBEMUSA / ALLSTARPIXEL that may be brought in small claims court, if permitted by the rules of that court, or (b) Claims relating to intellectual property (such as copyright and trademarks), violations of the VIVERBEMUSA / ALLSTARPIXEL API Terms of Use (which, for clarity, are governed by these terms) or a violation of the Section above (Representations and Warranties). Excluded claims may be brought in court. Any questions regarding the scope and enforceability of the arbitration clause will be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this provision, only this Claim may be brought in court and all other Claims will remain subject to arbitration. Notwithstanding this paragraph, Business Claims as defined in the Additional Terms Section for Business Accounts are governed by this Section.

Excluded Claims and Claims that cannot be arbitrated must be brought in court. Massachusetts law will govern these Terms (to the extent not prevailing or inconsistent with federal law), as well as any Excluded Claim or Claim that cannot be arbitrated, regardless of its conflict of law provisions. You or VIVERBEMUSA / ALLSTARPIXEL may seek relief in any small claims court of competent jurisdiction. All other excluded claims and claims that cannot be arbitrated are subject to the exclusive jurisdiction and venue of the state and federal courts located in Essex County, Massachusetts, and you consent to the personal jurisdiction of such courts for purposes of litigating any Claim of that type.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its then-current Consumer Arbitration Rules. For more information, visit www.adr.org. The arbitration may be carried out in person, upon presentation of documents, by telephone or online. The arbitrator may award damages to you individually as a court might, including declaratory or injunctive relief, but only to the extent necessary to satisfy your individual claim.

Unless the arbitrator considers that the arbitration was frivolous or brought about for an improper purpose, VIVERBEMUSA / ALLSTARPIXEL will pay all fees and expenses of the proceeding, AAA, and the arbitrator. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.

You agree that any subpoena, third party discovery request, or other third-party process directed at VIVERBEMUSA / ALLSTARPIXEL must be issued or subdued by state or federal courts located in San Francisco County, California, and you agree to submit to the jurisdiction of each one of these courts for any related proceedings.

TERMINATION

You may terminate the Terms at any time by terminating your account, discontinuing any access to or use of the Service, and providing VIVERBEMUSA / ALLSTARPIXEL with a notice of termination here.

We may close your account, suspend your ability to use certain parts of the Service, terminate any license or permission granted to you hereunder, and/or ban you from the Service entirely for any or no reason and without notice or liability of any kind. Any such action may prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.

In the event of any termination of these Terms, whether by you or us, Sections of the Terms of Service will continue in full force and effect.

GENERAL TERMS

We reserve the right to modify, update or discontinue the Service in our sole discretion, at any time, for any reason and without notice or liability.

Except as otherwise provided in the Section above, nothing herein is intended, nor will it be deemed, to confer any rights or remedies on any third party.

The Terms contain the entire agreement between you and us regarding your use of the Service and supersede any prior agreements between you and us on such matters. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

Any failure by VIVERBEMUSA / ALLSTARPIXEL to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. Failure by either party to exercise, in any respect, any right set forth herein will not be deemed a waiver of any additional rights set forth herein. The Terms cannot be waived, except in accordance with a document signed by VIVERBEMUSA / ALLSTARPIXEL.

If any provision of the Terms is held to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intent or removed to the minimum extent necessary for the Terms to remain in effect. full force and effect and enforceable.

The Terms and any rights or obligations described herein may not be assigned, transferred or sublicensed by you, except with the prior written consent of VIVERBEMUSA / ALLSTARPIXEL, but may be assigned or transferred by us without restriction. Any attempted assignment by you will violate these Terms and will be void.

You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and VIVERBEMUSA / ALLSTARPIXEL because of these Terms or your use of the Service.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

ADDITIONAL TERMS FOR BUSINESS ACCOUNTS

Last updated on December 13, 2020.

The following terms (“Commercial Terms”), in addition to the above Terms of Service, govern your access to and use of your Merchant Account. In the event of any conflict between these Commercial Terms and the Terms of Service, the Commercial Terms apply. If you purchased products or services from VIVERBEMUSA / ALLSTARPIXEL on behalf of your company (eg advertising or commercial tools), the terms of that purchase apply in the event of any conflict with these Commercial Terms. Capitalized words used but not defined in these Commercial Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you agree to these Business Terms and enter into a legally binding contract with VIVERBEMUSA / ALLSTARPIXEL. You are not authorized to create,

PLEASE READ THESE COMMERCIAL TERMS CAREFULLY AS THEY REQUIRE THE USE OF INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JUDGMENTS OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

In the event of any termination of these Commercial Terms, whether by you or us, these Commercial Terms in their entirety will continue in full force and effect.

REQUIREMENTS, REPRESENTATIONS AND WARRANTIES

By accessing or using the Services, you agree that:

you have the authority to act on behalf of the company or companies associated with or claimed through your Business Account and to bind any company (including any corresponding business entity) to the Business Terms (such company or companies, your “Company”);

your access to or use of the Merchant Site will only be in your capacity as an authorized representative of your Company.

you will not use the Consumer Site for commercial activities, including but not limited to flagging reviews or messaging people who have reviewed your business.

your business complies with applicable laws and does not offer, advertise, sell or rent illegal products and/or services.

you grant VIVERBEMUSA / ALLSTARPIXEL a limited, non-transferable, non-exclusive, royalty-free license to display your public website on the Services or to allow it to be displayed via iframes or other framing technology.

you agree that we may contact you, including by telephone or email, using contact information that you have provided to us, made publicly available or that we have on file for your business, and that our communications (including telephone calls) with you may be monitored and recorded for quality purposes.

you understand that we may display health score information for your Company and may place a Consumer Alert about that health score on your Company’s business page.

you understand and agree that we may share certain aggregated or otherwise de-identified information about your responses to leads request a quote with other companies, for example, the total number of companies responding to the lead and the speed of those responses; It is.

you understand and acknowledge that non-disparagement provisions in certain consumer contracts, such as provisions that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your business, are prohibited by California law (Civil Code Cal. § 1670.8) and under the federal Consumer Review Fairness Act (15 US Code § 45b) and you agree that you will not include such clauses in your consumer contracts or attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances. You understand that we may publicly notify consumers, including by placing a Consumer Alert on your Company’s business page, if we have a good faith belief that such provisions are used by your Company.

You represent and warrant that you will not, and will not authorize or induce any other party to:

offer incentives of any kind, such as discounts, freebies, refunds, gift certificates, participation in contests, offers or deals in exchange for posting reviews about your business or to avoid or remove reviews, and you understand and acknowledge that VIVERBEMUSA / ALLSTARPIXEL , through its Consumer Alerts, may publicly notify consumers of such inducements and other attempts to obtain, prevent or remove reviews;

solicit or request reviews from your customers.

write reviews or vote for Content (e.g., vote user reviews as helpful, funny, or cool) for your Company or your Company’s competitors.

pay or induce anyone to post, refrain from posting or remove comments, or otherwise attempt to circumvent the VIVERBEMUSA / ALLSTARPIXEL recommendation Software (defined below) or fraud detection systems.

attempt to generate ad impressions, queries, conversions, ad clicks or other automated, fraudulent, or invalid actions.

use any automated means or form of data scraping or extraction to access, query or otherwise collect VIVERBEMUSA / ALLSTARPIXEL data, content and/or ratings from the Consumer Site or the Commercial Site, except as expressly permitted by VIVERBEMUSA / ALLSTARPIXEL.

use any VIVERBEMUSA / ALLSTARPIXEL trademark or service mark in any manner without the prior written consent of VIVERBEMUSA / ALLSTARPIXEL; or

misrepresent your identity or affiliation to any person in connection with VIVERBEMUSA / ALLSTARPIXEL.

You understand and acknowledge that VIVERBEMUSA / ALLSTARPIXEL allows consumers to post Content about your Company, including photos, ratings, and ratings. You understand and acknowledge that VIVERBEMUSA / ALLSTARPIXEL employs automated software to display the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that although VIVERBEMUSA / ALLSTARPIXEL uses its Recommendation Software to identify potentially less useful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews.

The following sections only apply if you reside in the United States or Canada:

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF THE VIVERBEMUSA / ALLSTARPIXEL ENTITIES TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN THE TERMS SECTION.

The Federal Communications Decency Act (47 US Code § 230) limits the liability of interactive computer services such as VIVERBEMUSA / ALLSTARPIXEL for its role in publishing Third-Party Content, including consumer reviews. Additionally, anti-SLAPP laws such as Cal. Civ. Proc. Code § 425.16 in California, may require you to pay VIVERBEMUSA / ALLSTARPIXEL’s attorneys’ fees if you attempt to impose such liability on VIVERBEMUSA / ALLSTARPIXEL through legal proceedings.

ARBITRATION, DISPUTES AND CHOICE OF LAW

FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR VIVERBEMUSA / ALLSTARPIXEL. ANY CLAIM NOT SUBJECT TO THIS SECTION IS GOVERNED BY SECTION 13 OF THE TERMS.

Except for Excluded Commercial Claims, any controversy or claim arising out of or relating to: (a) these Terms, or your breach thereof; or (b) your access to or use of your Merchant Account Merchant Site; (each dispute or claim, a “Commercial Claim”), will be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the matter. . The arbitrator will issue a reasoned award in writing, including all findings of fact and law on which the award was made. The referee will not have the power to make mistakes of law, and the award may be set aside or amended by judicial review by a court of competent jurisdiction under the California Arbitration Act for such error. “Excluded Commercial Claims” means Claims relating to intellectual property (such as copyrights and trademarks) or violations of Section 7 of the Terms of Service (Representations and Warranties).

Business Claims will be adjudicated by a single arbitrator. The arbitrations will be held in Massachusetts, but the parties can choose for themselves whether to attend, by telephone or upon presentation of documents. The arbitration will be governed by the laws of the State of California. The prevailing party will be entitled to an award of reasonable attorneys’ fees.

NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING, WITHOUT LIMITATION, EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT AND CONSENT IN THE PERSONAL AND EXCLUSIVE JURISDICTION AND EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN ESSEX COUNTY, MASSACHUSETS, WHICH IS THE PLACE OF PERFORMANCE OF THESE COMMERCIAL TERMS.

YOU AND VIVERBEMUSA / ALLSTARPIXEL AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER SOLELY IN ITS RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. UNLESS YOU AND VIVERBEMUSA / ALLSTARPIXEL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR PARTICIPATE IN THE COMMERCIAL CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE IN A SIMILAR SITUATION, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR PROCEEDING CLASS. IF A BUSINESS CLAIM IMPLIES THIS SECTION, AND THIS SECTION IS FOUNDED INVALID, UNENFORCEABLE, OR ILLEGAL BY A COURT, THAT BUSINESS CLAIM MUST BE AWARDED BY A COURT AND NOT BY AN ARBITRATOR.

additional terms

Follows the addition of new terms in new services, from January 10, 2022, all advertisements on VIVERBEMUSA / ALLSTARPIXEL, will be mandatory for the advertised, all blog content, or advertisements on our websites such as links or third-party materials , as a disclosure, VIVERBEMUSA / ALLSTARPIXEL will not be held liable, as it does not have control over the content or links of third parties, we are also exempt from liability for any moral or arbitrary damages to any advertiser, whether paid or free, as well as advertisements for content on the blog or any another page of our websites. VIVERBEMUSA / ALLSTARPIXEL.

All services provided will have a 30-day guarantee required by law, after which we will not make any type of financial or service compensation.

All forms of payment will be those accepted by customers, or those who made payment for services, all receipts will be made electronically, and it is up to the customer to preserve the same and it as proof.