Riva - Terms
Please read these Terms carefully before you begin using Riva. Certain areas of Riva and the information displayed within it may be subject to additional terms and conditions (the “Additional Terms”) to which you are subject. If there is any conflict between these Terms and the Additional Terms then those Additional Terms will take precedence. The Additional Terms include but are not limited to those terms set out at:
1.1 Information about us
Riva is operated by Riva Technologies Limited (“we”, “us”, “our”). We are registered in England and Wales under company number 7860821 and have our registered office at 15 Crestway, Roehampton, London SW15 5BX.
1.2 Accessing Riva
We reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason Riva or any part of Riva is unavailable at any time or for any period.
Access to Riva is permitted only from software applications published by us or licensed third parties (each software application a “Riva Application”).
If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
You are responsible for making all arrangements necessary for you to have access to Riva. You are also responsible for ensuring that all persons who access Riva through your devices are aware of these terms, and that they comply with them.
1.3 Intellectual property rights
We are the owner or the licensee of all intellectual property rights in Riva, and in the material published on it except insofar as the information published is owned by social networking services (“SNSs”) featured on Riva, the individual authors of the information posted on such sites, or other third parties. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may take a screenshot of any part of the Riva Application subject to the following conditions:
- Screenshots must not be altered in any way, meaning they cannot be annotated or modified in any way from their original appearance, and you must not use any illustrations, photographs, video frames or any graphics separately from any accompanying text.
- Screenshots may only be published for the purpose of promoting Riva, all other uses require written permission from Us.
Our status (and that of any identified contributors) as the authors of material on Riva must always be acknowledged.
You must not use any part of the materials on Riva for commercial purposes without obtaining written permission from us to do so.
If you print off, copy, download or publish any part of Riva in breach of these Terms, your right to use Riva will cease immediately and you must destroy any copies of the materials you have made, including any copies of the Riva Application itself.
1.4 Reliance on information posted
Commentary and other materials posted on Riva are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of Riva, or by anyone who may be informed of any of its contents.
1.5 Riva and the Riva Application change regularly
Riva and the Riva Application are updated often, and their content may change at any time. If the need arises, we may suspend access to Riva or the Riva Application, or close them indefinitely. Any of the material on Riva may be out of date at any given time, and we are under no obligation to update such material.
1.6 Our liability
The material displayed on Riva is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Riva or in connection with the use, inability to use, or results of the use of Riva or the Riva Application, any websites linked to it and any materials posted on it, including:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of goodwill
- wasted management or office time
- whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
1.7 Information about you and your usage of Riva
1.8 Posting material
Whenever you make use of a feature that allows you to post material via Riva or to it, or to make contact with other users of Riva or SNSs, you must comply with the content standards set out in the Acceptable Use Policy and any Additional Terms. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
You retain ownership of any content posted on or via Riva, and grant us a non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide license to use such material for any purpose.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Riva or SNSs.
We have the right to remove any material or posting you make on Riva if, in our opinion, such material does not comply with the content standards set out in the Acceptable Use Policy or any Additional Terms.
1.9 Viruses, hacking and other offences
You must not misuse Riva or the Riva Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful either through or onto Riva. You must not attempt to gain unauthorised access to Riva, the servers from which Riva is run or stored, or any server, computer or database connected to Riva. You must not attack Riva via a denial-of-service attack or a distributed denial-of service attack.
By breaching this paragraph, you would commit a criminal offence under the UK Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Riva and the Riva Application will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Riva or the Riva Application or to your downloading of any material posted on it, or on any website linked to it.
1.10 Linking to Riva
You may link to Riva or the Riva Application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Acceptable Use Policy and any Additional Terms.
If you wish to make any use of material on Riva other than as set out in these Terms and the Additional Terms, please send your request to email@example.com
1.11 Links on Riva
Where Riva contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those applications or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
We are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the “Act”), we are the data controller. Our nominated representative for the purpose of the Act is Alec Mocatta.
2.1 Information we may collect from you
We may collect and process the following data about you:
- information that you provide by filling in forms on Riva. This includes, without limitation, posting material or rating material
- information imported from SNSs that you connect to through Riva
- if you contact us, requesting support, reporting a problem or otherwise, we may keep a record of that correspondence
- details of your usage of Riva and the Riva Application including, but not limited to, IP addresses, the type of device being used, and location data
|Device identifier||To enable us to authenticate you and your device|
|User identifier||To enable us to authenticate you and provide you with a personalised experience|
2.3 Where we store your data
The data that you share with or via Riva may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be managed by staff operating outside the EEA who work for us or for one of our contractors. By sharing data with Riva, you agree to this transfer and storing.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of Riva or the Riva Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Riva; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
2.4 Uses made of the information
We use information held about you in the following ways:
- to provide you with recommendations of content
- to allow you to participate in interactive features of our service, when you choose to do so
- to carry out our obligations arising from any contracts entered into between you and us
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
2.5 Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
2.6 Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access Riva and applies to all users of Riva.
3.1 Prohibited uses
You may use Riva and the Riva Application only for lawful purposes. You may not use Riva or the Riva Application:
- in any way that breaches any applicable local, national or international law or regulation
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
- for the purpose of harming or attempting to harm minors in any way
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in the Acceptable Use Policy
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
You also agree:
- not to access without authority, interfere with, damage or disrupt:
- any part of Riva
- any equipment or network on which Riva runs or is stored
- any software used in the provision of Riva
- any equipment or network or software owned or used by any third party
3.2 Interactive services
We may from time to time provide interactive services on Riva, including, without limitation:
- access to SNSs’ interactive services
- one to one and group instant messaging
- curating and showcasing third party media including web articles, videos, photos and TV shows
(the “Interactive Services”).
3.3 Interactive Services
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on Riva, and we will decide in each case how to minimise those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.
3.4 Content standards
These content standards apply to any and all material which you contribute to Riva (“contributions”), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
- contain any material which is defamatory of any person
- contain any material which is obscene, offensive, hateful or inflammatory
- promote sexually explicit material
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- infringe any copyright, or trade mark of any other entity
- be likely to deceive any person
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- promote any illegal activity
- be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
- be likely to harass, upset, embarrass, alarm or annoy any other person
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person
- give the impression that they emanate from us, if this is not the case
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
- advocate, promote or assist any violations of the Terms or our policies
- contain any unauthorised commercial communications (such as spam)
3.5 Suspension and termination
We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of Riva. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of these Terms upon which you are permitted to use Riva, and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use Riva
- immediate, temporary or permanent removal of any posting or material uploaded by you to Riva
- issue of a warning to you
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- further legal action against you
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary
We exclude liability for actions taken in response to breaches of the Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may have made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on Riva.
4.2 Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, usage of Riva.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
4.3 Trade marks
“RIVA” and the “RIVA” logo are registered trade marks of Riva Technologies Limited.
If you have any questions, comments or requests regarding these Terms please address these to firstname.lastname@example.org.
4.5 Last updated
These Terms were last updated on 24th June 2012