Welcome to Vivastreet!
www.vivastreet.ie is an online classified advertising website, which also includes various email services. These are our general terms and conditions regarding the use of this Website.
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.co.uk then we recommend the immediate disuse of Vivastreet.
As a condition of your use of Vivastreet you agree that you will not:
violate any laws;
violate the Posting Rules;
post any threatening, abusive, defamatory, obscene or indecent material;
be false or misleading;
infringe any third-party right;
distribute or contain spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Vivastreet or the interests or property of Vivastreet users;
impose an unreasonable load on our infrastructure or interfere with the proper working of Vivastreet;
copy, modify, or distribute any other person's content without their consent;
use any robot spider, scraper or other automated means to access Vivastreet and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
bypass measures used to prevent or restrict access to Vivastreet.
contact anyone who has asked not to be contacted;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
attempt to gain unauthorized access to Vivastreet's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Vivastreet website.
The following content is prohibited to be included with specific reference to email messages sent using our email platform:
Messages that are unrelated to the advert concerned
Spamming and the sending of several identical messages
Hate messages or those which are intended to insult
Messages referring to illegal, racist, sectarian, paedophile practices (this list is not exhaustive)
Exposure to Content
You understand that:
All listings, messages, comments, files, images, photos, videos and all other materials ("Content") posted on, transmitted through, or linked from Vivastreet, are the sole responsibility of the person from whom such Content originated.
You are entirely responsible for all Content that you upload, email or otherwise make available via Vivastreet.
Vivastreet does not control and is not responsible for Content made available through the website. You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
The Vivastreet site and Content available through the website may contain links to other websites, which are completely unrelated to Vivastreet. Vivastreet makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Linking to any other websites is entirely at your own risk.
You must evaluate and bear all risks associated with the use of any Content.
Under no circumstances will Vivastreet be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service.
You acknowledge that Vivastreet does not pre-screen or approve Content, but that Vivastreet will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.
By using this website you acknowledge and agree that Vivastreet may preserve or disclose your Content, as well as your information, if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to:
Identify copyrighted work or other intellectual property that you claim has been infringed upon;
Identify the content on the Vivastreet site that you claim is infringing, with enough detail so that we may locate it on the website;
Confirm a statement by you that content displayed is not authorised by the copyright owner, its agent, or the law;
Confirm a statement by you declaring (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner;
You may not infringe or try to infringe the privacy or rights of other Vivastreet users. This includes you storing or trying to store personal data of other Vivastreet users. Vivastreet will remove any infringing listing(s).
If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify Vivastreet immediately by contacting customer support.
Paid for Advertising
Posting an ad on Vivastreet is generally free but there are certain services you can pay for. If you decide to take advantage of the paid for advertising service you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad.
Dealings with Organizations and Individuals
You agree that your interactions with organisations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals.
You agree that Vivastreet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Vivastreet is under no obligation to become involved.
In the event that you have a dispute with one or more other users, you hereby release Vivastreet, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
Termination of Service
You agree that Vivastreet, both immediately and without notice, has the right to:
Delete or deactivate your account
Block your email or IP address
Terminate your access to or use of the Service (or any part thereof)
Remove and discard any Content within the Service that has violated the Terms
Further, you agree that Vivastreet shall not be liable to you or any third-party for any termination of your access to the Service and that you will not attempt to use the Service after said termination.
Our policies are designed to create a safe and fair environment for everyone using Vivastreet.
Learning what's allowed can help you avoid unintentionally breaking the rules and helps everyone have a great experience.
Posting an Advert on Vivastreet
Adverts that do not comply with our Terms will be removed from the site. This list is not exhaustive and Vivastreet reserves the right to remove any advert without warning or other notification. Any advert we suspect of being spam or fraudulent will be removed.
The following is forbidden on Vivastreet UK:
Posting of multiple ads whose content is identical or similar. You may only post a maximum of one ad for the same item or service per local area
Proposal of several goods or services in the same advert that are not related
Publishing an ad that is too short or ambiguous. This could result in an ad being classified as spam
Posting an ad whose purpose is regulated or prohibited by law
Using the details (name, phone number, mailing address, email, photos, etc) of someone else without their permission or providing false contact details
Revealing elements of a private nature or violating the privacy of any person or company (including the publication of faces or signatures)
Copying information posted by another user
Publishing content that infringes physical or intellectual property rights
Disturbing the activity of any other user
Assuming the identity of Vivastreet and/or its employees
Publishing an ad in the wrong category or subcategory
Children: Use of this site is prohibited to anyone under the age of 16
Including a premium rate phone number in an advertisement (except in "Astrology")
Publishing ads with the purpose of advertising sites or services similar to Vivastreet.co.uk
Promoting a website (you can only include a link on your ad if it provides more information about the product you are selling)
Promoting or advertising gifts, sweepstakes or other prizes
Making remarks that are false, defamatory, profane, hateful, abusive, pornographic, obscene or of any inappropriate nature (left to our discretion)
Any advertisement or message containing a virus or other contaminating or destructive agent that prevents the proper operation of this site or access to this site by our users
We recommend you purchase a featured ad if you wish national coverage. For more information of Featured Adverts please click here
Buy and Sell
The following are prohibited to be advertised with specific reference to the Buy & Sell category:
Illegal and stolen goods, drugs or related materials
Dangerous objects such as guns, pistols, paintballs, gas, explosives or any item that is intended to cause purposeful harm (this list is not exhaustive)
Blood products, body fluids, organs and other body products
Drugs or medical supplies
Furs and skins, turtle shells, fenders, wood (this list is not exhaustive)
Insignia and uniform of police or other official insignia and uniforms
Counterfeit goods, replicas, unauthorized copies
Tobacco and Alcohol
Wholesale lot of multimedia products (audio, video, telephony, computers, etc)
The following are prohibited to be advertised with specific reference to the Employment category:
Pyramid schemes and multi-level marketing
Adult jobs including hostess, adult webcam (this list is non exhaustive)
Any job whose function is not clearly specified
Adverts without a business name, salary or explicit and detailed description of the proposed job
The following are prohibited to be advertised with specific reference to the Pets category:
Exotic and endangered animals such as monkeys, parrots etc (this list is non exhaustive)
The transfer or offer of dogs under eight weeks of age
The following are prohibited to be advertised with specific reference to the Services category:
Requesting / offering financing or loans between individuals
Castings (photos, videos) with an erotic or pornographic view
The following are prohibited to be advertised with specific reference to the Dating category:
Minors: Publishing an ad in this category is prohibited to anyone under the age of 18
Non UK based phone numbers
Sexual acts for payment
Adverts including a price quote or a sense of prostitution
Any link (or any invitation to use a search engine to find this link) to another website or blog
Dating services and dating sites
Escorts and Massages
The following are prohibited to be advertised with specific reference to the Escorts and Massages category:
Offering sensual, sexual or erotic massages
Ads that are too short or ambiguous
Ads that do not clearly specify the service offered (Escort or Massage)
Ads that contain images of full nudity and sexual or suggestive positions
Vivastreet UK's community commitments:
Validity of Ads
Vivastreet.co.uk will not purposefully keep outdated listings live on the site. We will not publish any advertisement without first verifying the validity of the email address provided by the advertiser.
Moderation of Ads
Vivastreet.co.uk will remove any advertisement that is prohibited by UK law, placed in the wrong category/city or that contains vulgar/abusive content. Members of the site are encouraged to flag ads that break our terms and conditions and actively report all scams to Vivastreet or directly to Action Fraud, the UK's national fraud reporting centre.
Respecting your Privacy
To minimize the risks of spam, all e-mails exchanged between users are done so anonymously through our server.
We need to collect certain information from you in order for the advertising process to work effectively. However, you are in full control of the information that the public has access to. If you decide to opt in to receive special offers from selected third parties, your email address may be rented but in no circumstances will it be sold or transferred to third parties.
Under law you have the right to access, modify, rectify and delete data concerning you.
If you wish to remove yourself completely from Vivastreet UK please contact us here.
The Terms constitute the entire agreement between you and Vivastreet and govern your use of the Service, superseding any prior agreements between you and Vivastreet. These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.
The failure of Vivastreet to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Service is protected to the maximum extent permitted by copyright laws and international treaties.
Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
Copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited.
You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Vivastreet does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Vivastreet an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Disclaimer of Warranties
You agree that use of the Vivastreet site and the service is entirely at your own risk. The Vivastreet site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Vivastreet disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Vivastreet site and the service. To the fullest extent permitted by law, Vivastreet disclaims any warranties for other services or goods received through or advertised on the Vivastreet site or the sites or service, or accessed through any links on the Vivastreet site. To the fullest extent permitted by law, Vivastreet disclaims any warranties for viruses or other harmful components in connection with the Vivastreet site or the service.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitations of Liability
Under no circumstances shall Vivastreet be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Vivastreet has been advised of the possibility of such damages), resulting from any aspect of your use of the Vivastreet site or the service, whether the damages arise from use or misuse of the Vivastreet site or the service, from inability to use the Vivastreet site or the service, or the interruption, suspension, modification, alteration, or termination of the Vivastreet site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Vivastreet site or the service or any links on the Vivastreet site, as well as by reason of any information or advice received through or advertised in connection with the Vivastreet site or the service or any links on the Vivastreet site. These limitations shall apply to the fullest extent permitted by law.
In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Vivastreet, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
Applicable law and competent jurisdiction
This contract is governed by and interpreted in accordance with England and Wales law.