Vivoldi Terms

What is covered in these Terms

We understand that reading these Terms can be a hassle, but it′s important to be clear about what you can expect from us and what we expect from you when you use the Vivoldi Services.
By using the Vivoldi Services, you agree to these Terms, so it is important that you familiarize yourself with them.

In addition to these Terms, Vivoldi posts a Privacy Policy. The Privacy Policy is not part of these Terms, but we encourage you to read it to better understand how you can update, manage, export, and delete your information.

Vivoldi Terms
Service Providers
The following entities provide the Vivoldi Services and enter into contracts with you.

Vivoldi
Incorporated under the laws of the Republic of Korea and operated under the laws of the Republic of Korea.

137, 1F, 46, Nohae-ro 70-gil, Dobong-gu, Seoul, Korea
Your Relationship with Vivoldi
These Terms help define the relationship between you and Vivoldi.
In simple terms, we allow you to use the Vivoldi Services if you agree to be bound by these Terms, which reflect how Vivoldi operates and monetizes its business.
When we refer to ‘Company’ or ‘we’ or ‘us’ in these Terms, we mean Vivoldi.
What you can expect from Vivoldi
We provide a variety of services that are subject to these Terms, including
● Shortened URLs (a service that shortens long links and provides statistics on link clicks)
● Server building (building Linux servers such as web servers, file servers, mail servers, and image servers, as well as selling server hardware equipment and maintaining servers)
● Advertising and marketing (website promotion and keyword advertising, etc.)

Vivoldi services are organized to collaborate with each other, making it easier to move from one activity to the next.
All services are managed from one unified dashboard provided by Vivoldi.
Improving the Vivoldi Service
We constantly develop new technologies and features to improve our services.
For example, various statistical improvements and convenience features for link clicks are added to the URL Shortening Service, and administrative features for user convenience in server deployment and ad marketing are continuously improved.
As part of these continuous improvements, we may add or remove features, increase or decrease restrictions on the Services, offer new Services, or discontinue offering existing Services.

Vivoldi has a rigorous product research program, and we carefully consider your interests as a user, your reasonable expectations, and the potential impact on you and other users before making changes to the Services or discontinuing provision of the Services.
We will only change or discontinue the Services if we have good reason to do so, such as to improve performance or security, to comply with the law, to prevent illegal activities or abuse of the Services, or to reflect advances in technology, or if some features or the entire Services are no longer sufficiently popular or economically viable.

If we make material changes that adversely affect your use of the Vivoldi Services or if we discontinue providing the Services, we will provide you with reasonable advance notice and an opportunity to export your Content from your Vivoldi account. Exceptions will be made for exigent circumstances, such as to prevent abuse of the Service, respond to legal requests, or address security and operability issues.
What Vivoldi expects from you
The permission to use the Vivoldi Services granted to you by us will continue as long as you comply with the obligations set forth below.
● These Terms
Additional service-specific terms (Shortened URL Terms, Server Deployment Terms, Advertising and Marketing Terms).

Vivoldi also has a variety of policies, help center, and other materials to answer common questions and set expectations about using the Services. These materials include our Privacy Policy, opt-in information and advertising, and other pages.

Although Vivoldi grants you the right to use the Vivoldi Services, Vivoldi retains the intellectual property rights it has in the Services.
Permission to Use Your Content
Some of Vivoldi′s Services are designed to allow you to upload, submit, store, transmit, receive, or share your Content.
You are under no obligation to provide Content to the Vivoldi Services, and you can choose what Content you want to provide. To upload or share Content, you must have the necessary rights to do so, and the Content must be legal.

Licenses

Your Content belongs to you, which means you retain the intellectual property rights in your Content. For example, you have the intellectual property rights to your own creations, such as reviews you write, or you may have the right to share the creations of others if they have granted you permission.

If your intellectual property rights limit Vivoldi′s ability to use your content, Vivoldi must obtain permission from you. You grant Vivoldi such permission through this License.


What applies

This License applies to Your Content (posts you make, images you upload, comments you make, etc.) that are protected by intellectual property rights.


What Doesn′t Apply

This License does not affect your privacy rights, which relate solely to your intellectual property rights.
This License does not apply to the following types of content.
● Publicly available factual information provided by you (for example, a correction to the address of a local business). This information is considered a matter of public record that is freely available to anyone and does not require a license.
● Comments you provide (e.g., suggestions for improving the Services). Feedback is covered in the Communications about the Service section below.


License Scope

This license covers the following
● Worldwide. Valid anywhere in the world.
● Non-exclusive. You may grant a license to others to use your Content.
● Gratuitous. No consideration is paid for the license.


Permissions

This license allows Vivoldi to.

● Host, reproduce, distribute, transmit and use your content (for example, store your content on Vivoldi systems so that you can access your content from anywhere)
● Publish, publicly perform or publicly display Content that you have made public to other users
● Modify your content or create derivative works (e.g., reformatting, translating, etc.)
● Sublicense the above rights to
    - Sublicense to other users to enable the Service to function as originally intended (e.g., the ability to share photos with people you choose).
    - sublicense to business contractors who have signed an agreement with Vivoldi that is consistent in content with these Terms, solely for the limited purposes set forth in the Purposes section below.


Purpose

The purposes of this license are limited to

● Operating and improving the Service. This means ensuring that the Service is delivered as intended and creating new features. This includes using automated systems and algorithms to analyze Your Content for the following purposes
    - Prevent spam, malware, and illegal content
    - Provide personalized services to you, such as recommendations and customized statistics and content.

This analysis takes place when content is sent, received, and stored.


Term

This License lasts for as long as Your Content is protected by intellectual property rights.

If you remove Content covered by this License from the Vivoldi Services, Vivoldi systems will cease to make the Content publicly available within a reasonable time.
Using Vivoldi Services

Your Vivoldi Account

You need a Vivoldi account to use some Vivoldi services. For example, managing hosting for the Unified Dashboard, managing shortened URLs, managing domains, etc.

You are responsible for the use of your Vivoldi account, including taking reasonable steps to protect your Vivoldi account. Vivoldi recommends that you change your password periodically to protect your account.

Use of the Vivoldi Services for Organizations

Many institutions use the Vivoldi Services, including businesses, nonprofits, and schools. To use the Vivoldi Services for your organization, you must meet the following conditions.
● An authorized representative of your organization agrees to these Terms.
● Your institutional administrator assigns you a Vivoldi account. Your institutional administrator may require you to comply with additional rules and may access or disable your Vivoldi account.
If you have a problem or disagreement

These Terms do not limit or deprive you of any rights you may have under law (1) to a particular quality of service and (2) to a remedy for problems. For example, if you are a consumer, you will continue to enjoy all the legal rights afforded to consumers under applicable law.

Warranties

Vivoldi will use reasonable skill and care to provide the Vivoldi Services. If Vivoldi fails to meet the level of quality set forth in this warranty, you agree to notify Vivoldi and Vivoldi will work with you to resolve the problem.

Disclaimer

Vivoldi makes only those promises with respect to the services (including the content within the services, certain features of the Vivoldi services, their reliability, availability, and ability to meet your needs) that are (1) set forth in the warranty section, (2) described in the service-specific additional terms, or (3) required by applicable law. We make no other promises with respect to the Vivoldi Services.

in addition, unless required by law, Vivoldi disclaims any implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Liability

These Terms limit Vivoldi′s liability solely to the extent permitted by applicable law. In particular, these Terms do not limit Vivoldi′s liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or tortious conduct resulting from willful misconduct.

in addition to the rights and obligations set forth in this section (if there is a problem or disagreement), Vivoldi will not be liable for any other losses unless caused by Vivoldi′s breach of these terms or any service-specific additional terms.

Service Users (Individuals, Businesses, Non-Profits) and Institutions Only

You will indemnify Vivoldi and its officers, employees and business associates against any third-party legal proceedings (including actions by governmental authorities) arising out of or related to your unlawful use of the Services or your violation of these Terms or any Service-specific Additional Terms. This indemnification applies to all liabilities and expenses resulting from any and all claims, losses, damages, judgments, fines, litigation costs and legal fees.

Vivoldi shall not be liable for.
● Loss of profits, revenues, business opportunities, goodwill or anticipated savings
● Indirect or consequential losses
● Punitive damages

Vivoldi′s aggregate liability arising out of or in connection with these Terms is limited to the greater of (1) 300,000 KRW or (2) 125% of the fees paid by you for the relevant services during the 12 months prior to the breach.

If you are legally exempt from certain obligations, including indemnification, such obligations will not apply to you under these Terms. For example, the United Nations enjoys certain immunities from legal obligations and these Terms do not override such immunities.
Actions in Problem Situations

Before taking any of the actions described below, Vivoldi will provide advance notice, where reasonably possible, explain the reasons for the action, and give you an opportunity to resolve the issue. Except where we reasonably believe that this is likely to result in.

● Cause harm or liability to you, a third party or Vivoldi (meaning any loss arising from any legal claim or allegation of any kind, whether the claim or allegation is based in contract, tort (including negligence) or otherwise, and regardless of whether the loss could reasonably have been foreseen or anticipated).
● Violate any law or order of any regulatory authority
● Obstruct an investigation
● Interfere with the operation, integrity or security of the Vivoldi Services.
Removal of Your Content

If we reasonably believe that your Content (1) materially violates these Terms, the Service-specific Additional Terms, (2) violates any applicable law, or (3) may cause harm to our users, third parties, or Vivoldi, we reserve the right to take down any or all such Content in accordance with applicable law. Examples of this include content that is fraudulent, child pornography, promotes human trafficking or harassment, or infringes the intellectual property rights of others.
Suspension or Termination of Access to the Vivoldi Services

Vivoldi reserves the right to suspend or terminate your access to the Services, or delete your Vivoldi account, in the following cases
● You materially or repeatedly violate these Terms, or any additional Terms specific to the Services.
● If necessary to comply with a legal obligation or court order
● If Vivoldi reasonably believes that your behavior creates harm or liability to users, third parties, or Vivoldi (e.g., hacking, phishing, fraudulent, unlawful, harassing, spamming, misleading others, or scraping of content not owned by you).

If you believe your Vivoldi account has been suspended or terminated in error, you may appeal.

You may stop using the Vivoldi Services at any time if you wish. If you stop using the Services, please let us know why so that we can continue to improve the Services.
Dispute Resolution, Governing Law and Jurisdiction

To learn how to contact Vivoldi, please visit our Contact Us page.
Any dispute arising out of or relating to these Terms, the Service-specific Additional Terms, or the related Services will be governed by the laws of the Republic of Korea, without regard to its conflict of laws rules. The courts of the Republic of Korea will have exclusive jurisdiction over any such dispute, and you and Vivoldi consent to personal jurisdiction in such courts.

About these Terms

You have certain rights under the law that cannot be limited by a contract such as these Terms of Service. These Terms do not limit those rights in any way.

These Terms describe the relationship between you and Vivoldi. These Terms do not give rise to any legal rights in any other person or entity, even if others benefit from your relationship with Vivoldi under these Terms.

In the event of a conflict between these Terms and any additional terms specific to a Service, the additional terms will apply for that Service.

If any provision is found to be invalid or unenforceable, this will not affect the other provisions.

If you fail to comply with these Terms or any Service-specific Additional Terms, Vivoldi may not take immediate action, but that does not mean Vivoldi waives any rights it may have, including taking action in the future.

Vivoldi may change these Terms and any Service-specific Additional Terms to (1) reflect changes within the Services or changes in the way we do business (for example, by adding new services, features, technologies, prices, or benefits or removing existing ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm to the Services.

If we make material changes to these Terms or any Service-specific Additional Terms, we will provide you with 30 days′ advance notice and an opportunity to review the changes, except in cases of urgent circumstances, such as (1) when we launch new services or features that benefit our users, or (2) to prevent ongoing abuse or comply with legal obligations. If you do not agree to the new terms, you must delete your Content and stop using the Services. You may also terminate your relationship with Vivoldi at any time by closing your Vivoldi account.