• This Terms of Use Agreement was last updated on January 17, 2013.  Any changes to these terms will be posted on this page and will be effective immediately upon posting.This Terms of Use Agreement (the “Agreement”) sets forth the standards of use of the Viivo website. By using www.viivo.com or its related web pages (“Websites”) you agree to the terms and conditions herein. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Website.  PKWARE reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice.  Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. Except as provided in this provision, this Agreement may not be amended.

• The Website is provided by PKWARE, Inc. (“PKWARE”) on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, PKWARE makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise.  PKWARE shall have no liability for any interruptions in the use of the Website and disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, in such cases the above-referenced exclusion does not apply.

• Limitation of Liability PKWARE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, PKWARE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PKWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH CASES SOME OF THE ABOVE LIMITATIONS DO NOT APPLY.

• Modifications and Interruption to Service PKWARE reserves the right to modify or discontinue the availability of the Website or any component thereof with or without notice. PKWARE shall not be liable should it exercise its right to modify or discontinue the availability of the Website or any component thereof. By accessing or using the Website, you acknowledge and accept that PKWARE does not guarantee continuous, uninterrupted or secure access to the Website and operation of such may be interfered with or adversely affected by numerous factors or circumstances outside of its control.

• Third-Party Sites The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  Such links are provided only as a convenience and you acknowledge that PKWARE is not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each individual site, and PKWARE is not responsible for such websites in any manner.

• Disclaimer Regarding Accuracy of Vendor Information  Any third-party product specifications and other similar information have either been provided by their respective vendors or collected from publicly available sources.  While PKWARE makes every effort to ensure that the information on the Website is accurate, it makes no representations or warranties as to the accuracy or reliability of any information provided on the Website. Furthermore, PKWARE makes no warranties or representations whatsoever with regard to any product provided or offered by any third-party, and you acknowledge that any reliance on representations and warranties provided by any third-party shall be at your own risk.

• Botnets  PKWARE retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, PKWARE reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its discretion.

• Governing Law, Jurisdiction, and Compliance  The Website is operated and provided in the State of Wisconsin.  As such, PKWARE is subject to the laws of the State of Wisconsin, and such laws will govern this Agreement, without giving effect to any choice of law rules.  PKWARE makes no representation that its Website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access this Website you agree to do so subject to the internal laws of the State of Wisconsin.  Any legal action brought concerning this Agreement or any dispute arising from any act or omission arising from this Agreement shall be brought only in the courts of the state of Wisconsin in the county of Milwaukee or in the federal courts located in such state and county, and you agree to submit to the jurisdiction of these courts. You assume all knowledge of applicable law and are responsible for compliance with any such laws.  You may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements.  You further agree not to transmit any material to PKWARE or the Website that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

• Other If any provision of this Agreement is proved to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) will not be affected thereby and will remain valid and enforceable to the maximum possible extent.  You agree that this Agreement and any other agreements referenced herein may be assigned by PKWARE, in its sole discretion, to a third party in the event of a merger or acquisition involving PKWARE.  This Agreement applies in addition to, and shall not be superseded by, any other written agreement between you and PKWARE in relation to your use of any PKWARE-owned website.  You agree that by accepting this Agreement, you consent to the use and disclosure of your personally identifiable information and other practices described below in the Privacy Policy.

This Privacy Policy was last updated on January 17, 2013.  Any changes to this policy will be posted on this page and will be effective immediately upon posting. PKWARE is committed to protecting your privacy. This Privacy Policy sets forth the current privacy practices of PKWARE with regard to the information collected when you or your computer interact with the Website.  By accessing www.viivo.com or any other domain controlled by PKWARE, you acknowledge and fully understand PKWARE’s Privacy Policy and freely consent to the information collection and use practices described in this Privacy Policy.

• Participating Merchant Policies 

Related services and offerings with links from the Website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website.  Online merchants and others who participate in PKWARE services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy.  However, since PKWARE does not have direct control over the policies or practices of participating merchants and other third parties, PKWARE is not responsible for the privacy practices or contents of those websites.

• Collected Information and How It is used 

PKWARE collects certain information from and about its Website users three ways: directly from its web server logs, the user, and with cookies.  This information helps PKWARE administer its website, improve content and gather broad demographic information for aggregate use as well as verify whether a visitor has opted to receive additional information. PKWARE will not sell personally identifiable information to third parties without your permission.

• Use of Cookies

PKWARE uses cookies throughout its Website to enhance your convenience in using its Website, to improve search functionality or to hold information that you would otherwise need to re-key.  PKWARE reserves the right to share aggregated site statistics with its partner companies, but does not allow other companies to place cookies on its Website unless there is a temporary, overriding customer value (such as merging into a website that relies on third-party cookies). You have the ability to accept or decline cookies.  Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on the PKWARE Website.

• Personal Information Users

Throughout the Website there are several forms that request information and/or allow you to purchase products and services. When you complete these forms, PKWARE will request some personal information such as name, address, email address, telephone number or fax number, account number and other relevant information.  If you are purchasing a service, PKWARE or its agent will request financial information.  Any financial information collected is used only to bill you for the products you are purchasing.  If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of forms, PKWARE will ask for relevant information. You may also be asked to disclose personal information to allow for PKWARE to provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.  PKWARE reserves the right to use the email address provided by you to inform you of other available products or services, or to contact you about your opinion of current products and services or potential new products and services that may be offered. You may opt-out of receiving future mailings from PKWARE by following the procedures detailed in the Choice/Opt-out section located below or in any of the email message(s) you may receive from PKWARE.

PKWARE will not disclose personally identifiable information it collects from you to third parties without your permission except to the extent necessary including:

• To fulfill your service requests for services
• To protect PKWARE from liability
• To respond to legal process or comply with law, or
• In connection with a merger, acquisition, or liquidation of PKWARE

• Use of Web Beacons or GIF files

PKWARE web pages may contain electronic images known as web beacons – sometimes also called single-pixel gifs – that allow PKWARE to count users who have visited those pages and to deliver co-branded services.  PKWARE may also include web beacons in promotional email messages or newsletters in order to determine whether such messages have been opened and acted upon. Some of these web beacons may be placed by third party service providers to help determine the effectiveness of PKWARE advertising campaigns or email communications.  These web beacons may be used by such service providers to place a persistent cookie on your computer.  This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables PKWARE and its service providers to learn which advertisements and emails bring you to a PKWARE Website and how you use the site.  PKWARE prohibits web beacons from being used to collect or access your personal information.

• Security & Monitoring

The Website has commercially reasonable technical and organizational security measures in place with the intent prevent the loss, misuse or alteration of information under PKWARE’s control.  However, PKWARE cannot guarantee that unauthorized third parties will never be able to defeat such security measures or use your personal information for improper purposes.  PKWARE is under no obligation to monitor the conduct of its Website users, but it will investigate and respond when violations are reported.  PKWARE reserves the right to delete, remove or exclude any listing or information, in its sole discretion, that does not meet its intent and guidelines for the services offered on the Website.

• Changes to this Policy

PKWARE reserves the right, at any time, to modify, alter, or update this Privacy Policy without prior notice.  When this occurs, the “updated” date atop of this Privacy Policy section will also be revised.  PKWARE encourages you to periodically review its Privacy Policy to stay informed about how it is helping to protect the personal information it collects.  Your continued use of the Website and constitutes your agreement to the then-current Privacy Policy.

•  All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2013 PKWARE, Inc., with all rights reserved, or the property of third parties protected by intellectual property rights and licensed for use by PKWARE.  Any use of materials on the Website, including reproduction for purposes other than those provided above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PKWARE is strictly prohibited.  By accessing the Website, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any PKWARE-owned web page or the content contained therein without prior written permission of an authorized officer of PKWARE.
• Partnerlink, PKSFX, PKUNZIP, PKWARE, the PKWARE logo, PKWARE Data Compression Library, PKWARE SDK, PKZIP, and SecureZIP are all registered trademarks of PKWARE, Inc. in the United States and other countries.  Deflate64, PKZIP Command Line, SaveSecure, SecureZIP Mail Gateway, SecureZIP Partnerlink, and Viivo are trademarks of PKWARE, Inc.  Use of any PKWARE intellectual property is subject to PKWARE terms and guidelines, available from PKWARE upon request.  PKWARE’s trademarks may not be used in connection with any product or service that is not provided by PKWARE in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PKWARE.
• All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those owners unless otherwise stated.  In addition, use of such trademarks or links to the web sites of their owners or other third parties is not intended to imply, directly or indirectly, that such owners or third parties endorse or have any affiliation with PKWARE unless otherwise stated.
• License agreements for PKWARE products vary per product and installation.  Standard agreements for most PKWARE products can be found here: http://legal.pkware.com/

You may opt-out of receiving further communications from PKWARE through any of the following methods:

• Use the opt-out link found at the bottom of an email message you receive from PKWARE; or
• Send a request by email to: editor@pkware.com ; or Call +1.414.289.9788