Thank you for visiting the Site. We are committed to the privacy of our visitors. We collect no personal information about you when you visit the Site unless you choose to provide that information to us, and we do not use personal information except to process your request that required you to submit personal information. We do not make any visitor-provided information available to third parties.
Here is how we handle information about your visit to the Site.
Information collected and stored automatically:
If you do nothing during your visit but browse through the Site, read pages, or download information, we will gather and store certain information about your visit automatically. This information does not identify you personally. We automatically collect and store information concerning your visit:
- The Internet domain (for example “abccompany.com”)
- Your IP address (an IP address is a number that is automatically assigned to your computer whenever you are surfing on the web) from which you access the Site
- The type of browser and operating system used to access the Site
- The date and time you access the Site
- The pages you visit within the Site
- If you linked to the Site from another site, the address of that website
Information that you voluntarily provide:
If you provide us with personally identifiable information–for example, by sending an email or by filling out a form and submitting it through the Site—we use that information to respond to your message and to help us provide you with the information and services that you request. Submitting voluntary information constitutes your consent to the use of the information for the stated purpose. When you click the “submit” button on any of the web forms found on the Site, you are indicating your voluntary consent to use the information you submit for the purpose stated.
How may your information be used?
We use your personal information to be able to give you personalized service (for example, information about your local area or your favorite subjects), to send you email alerts, to answer your requests, to let you donate online, etc. You can easily opt out at any time to stop any further contact with us. We also use it to track your and others’ use of the Site. This lets us see which of our features are the most popular so we can better serve our users’ needs. It also provides us aggregate data about our traffic (not identifying you personally, but showing how many visitors used which features, for example) to outside parties.
Links to other sites:
We store your personally identifiable information on secure servers. We also use other “anti-hacking” security measures and employ security consultants.
Now, or at any time in the future, you can correct or update information about you, and you can tell us not to send you any messages or solicitations at all. Please contact Sovena at (315) 797-7070 to obtain, change, update, or delete our records of your personal information, or to change your privacy options. To opt out of receiving content from Sovena or its partners or affiliates, please contact us at (315) 797-7070 and you will be removed from the mailing list. Please allow 30 days for removal. Thank you.
BY USING OLIVARI’S, INC.’S (“OLIVARI”) MOBILE DEVICE APPLICATION (THE “APP”), YOU ARE AUTOMATICALLY AGREEING TO AND SHOW THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS CONTAINED WITHIN THIS APP LICENSE AGREEMENT (THE “AGREEMENT”). BY CLICKING THE ACCEPTANCE BUTTON FOR THE APP, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE “LICENSEE”. AFTER CLICKING THE ACCEPTANCE BUTTON, YOUR CONTINUED USE OF THE APP INDICATES YOUR CONTINUED ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT CLICK THE ACCEPTANCE BUTTON, YOU MAY NOT USE THE APP. THIS AGREEMENT IS SUBJECT TO CHANGE BY OLIVARI’S AT ANY TIME WITHOUT NOTICE. ALL RIGHTS TO USE THE APP ARE GRANTED ON THE CONDITION THAT SUCH RIGHTS ARE FORFEITED IF LICENSEE FAILS TO COMPLY WITH THE AGREEMENT.
YOU MUST BE THIRTEEN (13) YEARS OLD OR OLDER TO USE THE APP. CHILDREN BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) MUST HAVE PARENTAL CONSENT AND SUPERVISION.
The APP is provided free of charge, thus, there is no license fee for the APP.
2. License Agreement.
Subject to the terms and conditions of this Agreement, OLIVARI’s grants Licensee a limited, revocable, non-exclusive and non-transferable license-at-will (the “License”) to use the APP in order to upload content required and/or permitted by the APP and these Terms and Conditions. Nothing in this License will entitle Licensee to receive from OLIVARI’s hard-copy documentation, technical support, telephone assistance, or updates to the APP. OLIVARI’s may terminate this Agreement at any time, for any reason or no reason, with or without notice, and without any obligation to Licensee. Upon termination, Licensee agrees to immediately cease using the APP.
Licensee may not: (i) modify, revise, translate or create any derivative works of the APP or supporting documentation; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the APP; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the APP; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the APP, including, but not limited to, any trademark, logo, copyright.
4. Proprietary Rights.
Title, ownership rights, and intellectual property rights in the APP and all copies thereof shall remain in and with OLIVARI’s or its assigns. The APP is protected by copyright and other intellectual property laws and by international treaties. Licensee agrees to undertake such steps as are necessary in order to protect the APP against unauthorized copying or use. BY SUBMITTING PHOTOGRAPHS AND/OR OTHER MATERIALS (COLLECTIVELY, “MATERIALS”) TO THE APP, YOU HEREBY TRANSFERS ALL RIGHT, TITLE AND INTEREST IN AND TO THE MATERIALS. IN THE EVENT THAT THE RIGHTS, TITLE AND INTERESTS IN THE MATERIALS CANNOT BE TRANSFERRED, YOU HEREBY GRANTS TO OLIVARI’S AND OLIVARI’S PARTNERS (AS DEFINED BELOW) A PERPETUAL, EXCLUSIVE, WORLDWIDE RIGHT TO USE THE MATERIALS IN ANY AND ALL MEDIA WITHOUT LIMITATION. YOU RELEASE OLIVARI’S AND THE OLIVARI’S PARTNERS FROM ANY CLAIMS OR LIABILITIES ARISING FROM THE MATERIALS AND WAIVE THE RIGHT TO PURSUE ANY CLAIM AGAINST OLIVARI’S AND THE OLIVARI’S PARTNERS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APP, AND/OR THE MATERIALS.
5. User Conduct.
- You agree not to use the APP, or any results from your use of the APP to:
- Upload, transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
- Upload, transmit, access or communicate any data or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Upload, transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including any privacy laws of any applicable jurisdiction;
- “Spam”, “stalk” or otherwise harass another;
- Collect or store personal data or other information about other users or non-users; or
- Intentionally make available spoofed files or files with information designed to misidentify the actual content of the file.
6. Disclaimer of Warranty.
THIS APP IS PROVIDED ‘AS IS’ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP IS WITH LICENSEE. SHOULD THE APP PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE APP IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OLIVARI’S AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, REPRESENTAITVES, AFFILIATES, SUPPLIERS, AND ADVERTISING AGENCIES (COLLECTIVELY, THE “OLIVARI’S PARTNERS”) BE LIABLE TO LICENSEE FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY LICENSEE OR THIRD PARTIES, A FAILURE OF THE APP TO OPERATE WITH ANY OTHER PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE COLLECTIVE LIABILITY OF OLIVARI’S AND/OR OLIVARI’S PARTNERS UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO LICENSEE.
8. U.S. Government Restricted Rights.
The APP is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (b)(3) of The Rights in Technical Data clause of DFARS 252.227-7013; subparagraph (b)(3) of The Rights in Noncommercial Computer Software and Noncommercial Software Documentation clause of DFARS 252.227-7014; subparagraph (c) of DFARS 252.227-7103-5; subparagraph (a) of DFARS 227.7202-3; or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Licensee further agrees to release, discharge, indemnify and hold harmless OLIVARI’s and OLIVARI’s Partners from and against any claims, damages, expenses or liability arising from or related to any injuries, damages or losses to any person or property of any kind resulting in whole or in part, directly or indirectly, Licensee’s use of the APP, or use of OLIVARI’s or OLIVARI’s Partners’ services, including, without limitation, Licensee’s breach of any terms or representations contained in this Agreement or the use by OLIVARI’s or OLIVARI’s Partners of any of the rights granted by Licensee.
10. Personal Information.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of New York, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of New York and Licensee expressly consent to the exercise of personal jurisdiction in the courts of New York in connection with any such dispute including any claim involving OLIVARI’s and/or the OLIVARI’s Partners. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith. OLIVARI’s shall have the right to modify this Agreement from time to time. You understand and agree that your continued use of the APP indicates your acceptance of any such modifications, which shall become a part of this Agreement.
12. Licensee Outside the U.S.
If Licensee is located outside the U.S., then the provisions of this Section 11 shall apply. The parties confirm that this Agreement and all related documentation is and will be in the English language. If the law of Licensee’s country, state, or province of residence prohibit or limit Licensee’s ability to use the APP, then Licensee shall be responsible for complying with such laws and agrees to indemnify OLIVARI’s and the OLIVARI’s Partners against any breach. Licensee agrees that the APP will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the APP is identified as export controlled items under the Export Laws, Licensee represents and warrants that he or she is not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that Licensee is not otherwise prohibited under the Export Laws from receiving the APP.
13. All questions concerning this Agreement shall be directed to: email@example.com or call Sovena at (315) 797-7070.
14. Analytics, Advertising and Other Services Provided by Other Companies
15. Third Party Services
You may opt out of the collection of your information using the mechanisms described here for these third parties:
Mobile App Tracking (MAT): https://optoutmobile.com/optOut
16. End-Use Terms Required by Apple.
You acknowledge and agree that (i) this EULA is concluded between you and Olivari, and not Apple, Inc. (“Apple”); (ii) Olivari and its licensors, and not Apple, are solely responsible for the APP; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the APP; (iv) in the event of any failure of the APP to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the APP; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the APP; (vi) Apple is not responsible for any claims that you have arising out of your use of the APP; (vii) Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the APP infringes that third party’s intellectual property rights; and (viii) Apple and its subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) as third party beneficiary to enforce this EULA against you. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17.1 Information Deemed Apple Confidential
You agree that all pre-release versions of the Apple Software (including pre-release Documentation) and services, any terms and conditions contained herein that disclose pre-release features of the Apple Software or services, the terms and conditions of Schedule 2 (available separately to cover distribution of paid-for Licensed Applications via the App Store) and the terms and conditions of Schedule 3 (available separately to cover distribution of Custom B2B Applications to VPP Customers via the VPP/B2B Program Site) will be deemed “Apple Confidential Information”; provided however that upon the commercial release of the Apple Software the terms and conditions that disclose pre-release features of the Apple Software or services will no longer be confidential. Notwithstanding the foregoing, Apple Confidential Information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of Yours, (ii) information that is generally made available to the public by Apple, (iii) information that is independently developed by You without the use of any Apple Confidential Information, (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to You without limitation, or (v) any FOSS included in the Apple Software and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such FOSS. Further, Apple agrees that You will not be bound by the foregoing confidentiality terms with regard to technical information about pre-release Apple Software and services disclosed by Apple at WWDC (Apple’s Worldwide Developers Conference), except that You may not post screen shots, write public reviews or redistribute any pre-release Apple Software or services.
17.2 Obligations Regarding Apple Confidential Information
You agree to protect Apple Confidential Information using at least the same degree of care that You use to protect Your own confidential information of similar importance, but no less than a reasonable degree of care. You agree to use Apple Confidential Information solely for the purpose of exercising Your rights and performing Your obligations under this Agreement and agree not to use Apple Confidential Information for any other purpose, for Your own or any third party’s benefit, without Apple’s prior written consent. You further agree not to disclose or disseminate Apple Confidential Information to anyone other than: (i) those of Your employees and contractors, or those of Your faculty and staff if You are an educational institution, who have a need to know and who are bound by a written agreement that prohibits unauthorized use or disclosure of the Apple Confidential Information; or (ii) except as otherwise agreed or permitted in writing by Apple. You may disclose Apple Confidential Information to the extent required by law, provided that You take reasonable steps to notify Apple of such requirement before disclosing the Apple Confidential Information and to obtain protective treatment of the Apple Confidential Information. You acknowledge that damages for improper disclosure of Apple Confidential Information may be irreparable; therefore, Apple is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.
17.3 Information Submitted to Apple Not Deemed Confidential
Apple works with many application and software developers and some of their products may be similar to or compete with Your Applications. Apple may also be developing its own similar or competing applications and products or may decide to do so in the future. To avoid potential misunderstandings, Apple cannot agree, and expressly disclaims, any confidentiality obligations or use restrictions, express or implied, with respect to any information that You may provide in connection with this Agreement or the Program, including information about Your Application, Licensed Application Information and metadata (such disclosures will be referred to as “Licensee Disclosures”). You agree that any such Licensee Disclosures will be non-confidential. Apple will be free to use and disclose any Licensee Disclosures on an unrestricted basis without notifying or compensating You. You release Apple from all liability and obligations that may arise from the receipt, review, use, or disclosure of any portion of any Licensee Disclosures. Any physical materials You submit to Apple will become Apple property and Apple will have no obligation to return those materials to You or to certify their destruction.
17.4 Press Releases and Other Publicity
You may not issue any press releases or make any other public statements regarding this Agreement, its terms and conditions, or the relationship of the parties without Apple’s express prior written approval, which may be withheld at Apple’s discretion.