Welcome to Vivastreet (“Vivastreet”). The Vivastreet website is provided to you by Vivastreet GmbH (“Vivastreet”), located at 405 Congress Ave, Austin, TX 78701, USA. By accessing Vivastreet, you agree to the provisions outlined in this legally binding Terms of Use (“TOU”) agreement. This policy is effective as of March 19, 2015.
The usage of Vivastreet is bound by the TOU set by Vivastreet. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required.
The Vivastreet website is an internet platform where users can publish and respond to classified ads. Users are solely held responsible for the content they submit on Vivastreet, as well as any consequences that arise from doing so.
Vivastreet is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
The usage of Vivastreet’s services is essentially available for everyone. A user registers on Vivastreet by filling out the provided online registration form, and by doing so swears that the information provided is accurate and true. The registration progress is complete when the account becomes active. The user is obligated to promptly inform Vivastreet of any changes to their account information.
The user may resign from this agreement at any time. Sending an email to the Customer Support Team through the contact form should suffice. Vivastreet reserves the right to a grace period of 14 days before terminating the agreement. Blocking an account remains the right of Vivastreet, as stated in clause 4.3.
An entry on Vivastreet, referring to a classified ad, can only materialise/be published online via the following methods:
Vivastreet reserves the right to refuse a user’s classified ad entry under certain circumstances. This applies when the content of a classified ad goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when Vivastreet is used for unsuitable purposes.
Vivastreet reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 6 months.
Please note that by posting, uploading or sending content on Vivastreet you represent and warrant to us that you have the right to do so and automatically grant to us a non-exclusive, royalty-free, perpetual, worldwide licence to use such content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such content, whether in whole or in part and in any format or medium currently known or developed in the future).
Vivastreet reserves the right to republish advertisement(s) on Vivastreet and on other websites owned by Vivastreet. We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.
The user is legally and solely responsible for the content of the advertisement(s) placed on the Vivastreet website. The user is obliged to provide complete, true and certified correct information about their person, contact details, business details (if applicable) and must provide sufficient descriptions in regard to the advertisement being placed. The user agrees to place their advertisement under the correct category within the website. Vivastreet reserves the right to move advertisements to a more appropriate category. The user is obliged to comply with the Vivastreet TOU and is expected to adhere to these terms when interacting with other Vivastreet users. The placement of duplicate/similar ads on the website is prohibited. Business owners offering items and services are obliged to inform consumers about consumer rights and the rights of withdrawal/cancellation, should this apply.
The user is not allowed to post content on the Vivastreet website that breaches this agreement, applicable rights and/or third party rights.
Prohibitions for the Vivastreet user include:
Vivastreet has the right to modify the fees for Premium Features due to spam posting behaviour. Spam posting includes:
Ads that:
Messages that:
Vivastreet believes that two consenting adults are free to act as they wish, so long as they abide by the law. Vivastreet does not abide sexual abuse or exploitation in any form or sense whatsoever. Please be aware that Vivastreet answers requests from third parties, including law enforcement, where required and Vivastreet will share information with relevant third parties if, in our view, there is evidence that may be relevant to an investigation.
Vivastreet has the right to block, delete or freeze advertisements, accounts or memberships that are deemed to contain prohibited content. Vivastreet also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process Vivastreet gives due respect to the legitimate interest of the user. Users’ claims, e.g. for reimbursement for already paid items/services will not be honored when the Prohibited Content Policy is breached.
Some of the material contained in the Personal and Adult categories on Vivastreet is of an adult nature and relates to adult entertainment services.
By accessing the Personals and/or Adult categories, you confirm that:
You agree to indemnify and hold Vivastreet, its parent or subsidiary companies and their affiliates, their respective directors, officers, employees and agents from any and all liabilities, claims and expenses, including reasonable legal fees, arising from breach of the Terms of Use, any other policy, your use or access of Vivastreet or any Internet site linked to or from Vivastreet, or in connection with the transmission of any Content on Vivastreet. You agree that questions and complaints received are your exclusive responsibility and you shall indemnify Vivastreet.
The usage of the Vivastreet website is essentially free of charge. However, Vivastreet reserves the right to charge fees for special services and site features as well as the publication of online advertisements under specific/certain categories on the site.
Our paid features are intended solely for use by commercial advertisers.
All fees shall be reflected and charged in the respective currency for each country. Vivastreet reserves the right to charge in other currencies for technical reasons.
Each and every fee shall be due for immediate payment and shall be paid for/settled using the different methods of payment offered on the website. Costs that may arise from aborting the payment collection shall be shouldered by the user and not Vivastreet.
The user shall be informed about new invoices via an email that provides a link to the user’s “My Vivastreet” account. The invoice(s) can then be downloaded from this page. Vivastreet ensures the protection of the user by sending these emails only to the registered email address on Vivastreet.
In the event of delayed payments for these services, Vivastreet reserves the right to suspend the execution of the said service(s) and restrict the access of the user until the amount due has been paid.
Vivastreet reserves the right to change/modify the conditions and the pricing associated with paid features without prior notice.
Vivastreet users may purchase premium features for their advertisements. Should the user choose to delete the advertisement before the purchased time frame has lapsed, this revokes the right of the user to retain or reuse the rest of the “unused” purchased time. Vivastreet does not reimburse the user for any portion of a discounted premium feature/service.
Vivastreet users may purchase Spotlight Ad upgrades for their ad(s). Users can only buy the Spotlight Ad upgrade if enough active funds are available in their Vivastreet Wallet.
Users can only activate a Spotlight Ad for the Personals category.
Spotlight Ads feature on top of the search results in a maximum exposure space. The amount of ad slots available in the Spotlight Space per category and area is limited to 4.
Upon the upgrade becoming active, the Spotlight Ad is featured in the Spotlight Space for up to 24 hours. Exception: A user purchases a new Spotlight upgrade while all 4 slots in the Spotlight Space (of that category and area) are already taken by other Spotlight Ads. In this case, the oldest Spotlight Ad in the space loses its slot to make room for the most recent Spotlight Ad. No minimum time is guaranteed.
The Spotlight Ad will stay in its position in the Spotlight Space for the next 24 hours if no other Spotlight Ads are activated.
In addition to the free Vivastreet account, users have the option to purchase a Premium Account and select from multiple plan durations.
Upon the deletion of an account before its selected duration has passed, the remainder of the Premium Account’s duration is forfeited. The price of the already paid Premium Account will not be reimbursed.
If the user opts for the automatic renewal of the Premium Features or the Premium Accounts purchased, the duration will automatically renew according to the originally selected duration. Promotions, such as free added months to the duration by purchasing within a particular period of time, are not carried over upon automatic renewal.
All funds uploaded to a user’s Wallet shall be non-refundable.
Any funds remaining in a user’s Wallet 90 or more days after the last purchase or transaction shall become inactive. Users can reactivate these funds by clicking on the “Activate my balance” button on the “My Wallet” page.
Upon funds becoming inactive, users shall have 365 days to reactivate the funds, after which the inactive funds shall expire. The user shall not be able to use or access those funds once they have expired. Vivastreet informs users about expiring funds in Wallet prior to the date of expiration via email notification.
Vivastreet reserves the right to change/modify the conditions associated with Wallet without prior notice.
The Vivastreet user may at any time modify or delete their advertisement.
The Vivastreet user has the right to demand the removal or deletion of the user’s own ads from the website. Vivastreet shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 24 hours.
Under law you have the right to access, modify, rectify and delete data concerning you. If you wish to remove yourself completely from Vivastreet please contact us here.
Do not engage in any activities that could lead to violations of privacy, destruction of data, or disruption or degradation of our services.
Any form of malicious activity or actions that could potentially harm our applications, systems, or infrastructure is strictly prohibited.
The user agrees not to hold Vivastreet responsible for things other users post or do. As most of the content on Vivastreet comes from other users, Vivastreet does not guarantee the accuracy of postings, user communications or the quality, safety, or legality of what’s offered. Continuous or secure access to Vivastreet’s services cannot be guaranteed. To the extent legally permitted Vivastreet expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. Vivastreet is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the usage of the Vivastreet website, even if Vivastreet has been advised or could have reasonably foreseen the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to the user.
Despite the previous paragraph, if Vivastreet is found to be liable, the liability to the user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees the user paid to Vivastreet in the 12 months prior to the action giving rise to liability, or (b) 100 Euros.
The transfer of rights and obligations of Vivastreet users to third parties requires the approval of Vivastreet.
The disclosure of login details and passwords to third parties, including Vivastreet users, is prohibited.
If the customer/user is a merchant or a legal entity of public law or constitutes special funding under public law, the place of jurisdiction is agreed upon to be in Austin, Texas, USA.
Vivastreet may update the Terms from time to time so please review the relevant pages regularly. Should you object to any term or condition, guideline, or subsequent changes made to www.vivastreet.com, then we recommend the immediate disuse of Vivastreet.
The legal relationship between Vivastreet and the Vivastreet user is subject to the laws of the United States and the State of Texas, to the exclusion of the UN consumer rights (CISG) and conflicts to local provisions.
Please read the following warning before continuing
You may only enter this website if you are at least 18 years old (or the age of majority in the India you live in). If you are accessing this website from a country which prohibits access to adult content or any associated activities, you do so at your own risk. Terms and Conditions