vivo Legal Information:
1.Copyright
2.Privacy Policy
3.Privacy Statement
4.End User License Agreement
1. Copyright
Certain software contained in this device is contributed or developed by vivo Mobile Communication Co., Ltd.
Copyright © [2011 - 2015] vivo
All Rights Reserved.
The works ("Works") herein refer to the software developed or owned by vivo Mobile Communication Co., Ltd. ("vivo") and not separately released under the terms of an open source software license. The information contained in the Works is the exclusive property of vivo. vivo grants the legal user of this device the right to use the Works solely within the scope of the legitimate operation of the device. No further right is granted under this license, including but not limited to, distribution, reproduction, modification, and transmission. Any other usage of the Works shall be subject to the written consent of vivo.
For all the relevant software (which includes components provided by suppliers and licensors to vivo) bundled with this device purchased by you, the usage of such relevant software by you shall be subject to such suppliers/licensors’ copyright terms and conditions.
2. Privacy Policy
vivo Privacy Policy
Kindly note that these policies only apply to information collected and stored by vivo Mobile Communication Co., Ltd. (“vivo”).
Each communication must be sent via your wireless operator’s network and your operator may have access to those communications. For information regarding your wireless operator’s treatment of your data, please consult the operator’s privacy policies.
In the event you decide to use third-party applications on your vivo Android Device, any information those applications collect may be sent to third parties and vivo privacy policies shall not apply to those situations. Third-party applications may have their own privacy policies that you should review carefully.
Why vivo collects information
To diagnose problems, continually improve our services and provide a better user experience, we may collect some information and basic usage statistics from your device.
vivo Android Device-related information vivo collects
a) Devices have been allocated one or more unique identification numbers. These identification numbers are associated with your IMEI number, mobile country code, and mobile network code of your device (which is also stored by your wireless operator), and allow your device to sync your email, contacts, and other services.
b) Information such as the hardware model of your device and the version of the Android software you are running may be collected but not stored. In addition, we may collect some information on device-level events such as crashes. Neither of these categories of usage statistics contains application-level information such as the content of emails or phone call records.
Third-party application collected information
a) Some third-party applications will give you the choice of interacting and sharing your information with parties other than vivo. Consider carefully before choosing to share personal information.
b) Some applications or features of your vivo Android Device might cause other information to be sent to vivo but in a manner that cannot be identified with you personally.
c) Your device might send us location information (for example, Cell ID or GPS information).
d) Using some applications or features might send information to Google that is stored with your Google Account if you have signed up for this service. If you use standard Google services on your vivo Android Device, for example by creating new contacts or Calendar events, then this information will be associated with your Google Account and stored consistent with the privacy policies for those services. Likewise, if you use the Android Market, information about your downloads, comments, and ratings will be stored with and accessible through your Google Account. You have the option to disable or not use these features, in which case Google will not receive this data.
e) Some products and services allow you to personalize the content you receive. For such products and services, the provider may store your preferences and the information you provide for customization.
Third party information sharing & transfer by vivo
a) vivo might share non-personal, aggregated information with selected third parties. However, such information will not identify you personally.
b) vivo might share your information with third parties used to perform functions, such as invoicing and billing related tasks. Such third parties will be required to treat your information in accordance with the applicable vivo confidentiality agreements or privacy policies. vivo might also share your information with your wireless operator in order to perform customer service functions.
Other Uses
a) vivo may use your information to process your requests and deliver services to you, provide customer service functions, and provide you with a better user experience.
b) vivo may also use this information in an aggregated form to develop new features and to improve the overall quality of products and services.
Choice of service
Some of our or third-party products and services allow you to opt-out of certain information gathering and sharing or to opt-out of certain products, services, or features.
Information security
Information received by vivo may be maintained in accordance with the vivo Privacy Statement. The vivo Privacy Statement does not cover third parties' usage of information that you send to them.
Additional information
You may or may not use the vivo Android Device to access certain products and services, such as Gmail, Google Talk, and Google Gears. Each service’s privacy policy describes how your personal information is treated when you use that specific service.
Gmail Privacy Policy - http://mail.google.com/mail/help/privacy.html
Google Talk Privacy Policy - http://www.google.com/talk/privacy.html
YouTube Privacy Policy - http://www.youtube.com/t/privacy
Google Gears Privacy Policy - http://gears.google.com/privacy.html
vivo adheres to the U.S. Safe Harbor privacy principles.
3. Privacy Statement
vivo PRIVACY STATEMENT
vivo Communication Equipment Corp.,Ltd. ("vivo") owns and operates the vivo IT data network. vivo is committed to protecting the privacy of the vivo IT data network's users and has created this statement to outline the vivo IT data network's information collection practices.
Anonymous Use
The majority of materials provided under the vivo IT data network are provided for information purposes and you will be able to use the vivo IT data network without informing vivo who you are or providing vivo with any personal data basically. However, vivo might need information about you with respect to your use of the vivo IT data network.
Information Collection
For the use of vivo Devices, vivo may collect the following information: providing our services to users, including the display of customized content and advertising, auditing, research and analysis in order to maintain, protect and improve our services; ensuring the technical functioning of our network; and developing new services.
In the event users opt to voluntarily enroll in any membership program on the vivo website, the user consents for vivo to use the personal information provided for specific vivo purposes, including but not limited to, marketing, sales, services, survey, newsletters mailing-list, etc. For instance, to join the vivo e-Club, users may need to provide vivo with some personal information such as name, mobile phone number, e-mail address, country of origin, and date of birth. In addition, users will be able to choose a password for security as well opt-in for product registration and newsletter subscription all in one convenient step. Please rest assured that vivo takes our user data security seriously, and will implement the proper administrative, technical, and physical measures to safeguard user information against loss, theft, and misuse, as well as any unauthorized disclosure, alteration, destruction, or access. When requesting to be contacted by vivo relevant personnel, users are asked to provide information about themselves and their companies. This information enables vivo relevant personnel to respond promptly and effectively to customer questions and requests. vivo may track the domain names of users and analyze this data. Subject to the provisions of this statement, vivo may use the accumulated data for several purposes, including but not limited to, marketing analysis, service evaluation, and planning. Through the aforementioned vivo IT data network, vivo may conduct surveys or other studies for marketing and planning purposes. With respect to information collected from such surveys or studies, and in the event that responses are to be publicly disclosed, users will be notified about their participation, and vivo will disclose only aggregate information regarding its users but not personal information identifying any specific individual. Notwithstanding the foregoing, in cases where surveys allow users to submit written comments, and where vivo advises users of the possibility of such disclosure at the time they take the survey, vivo reserves the right to disclose text information provided by any user through such a survey, provided that no personal information identifying that user is disclosed. Participation in such surveys is entirely voluntary. Circumstances under which vivo would publicly disclose such aggregate information include, but are not limited to, sharing survey results with the site population, providing data to the vivo IT data network advertisers on user preferences and/or demographics, and publicizing overall usage data in press communications.
Cookies and Tracking Information
A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. At this time, vivo issues only one type of cookie, which is temporary and is set only when users enter the site by clicking on a banner ad. We use such cookies to track the effectiveness of our marketing efforts. Please note that you have choices with respect to cookies. By modifying your browser preferences, you can choose to accept all cookies, to be notified when a cookie is set, or to reject all cookies. You can still use the vivo IT data network even if you do not accept cookies; however, by disabling cookies, certain site features and functionality may no longer work properly, or at all.
Use of Third-Party Subcontractors
At our discretion, we may employ third-party subcontractors to provide services, including but not limited to, e-mail subscription delivery, to our users. We will notify our subcontractors in the course of handling sensitive personal information to abide by the same confidentiality duties as outlined in the privacy statement.
External Networks
Our Privacy Statement applies solely to the vivo IT data network. Please be aware that vivo has no control or influence over the privacy practices of other sites and networks. vivo encourages the vivo IT data network users to be aware when they leave the vivo IT data network and to read the privacy statements of every company site and network they visit.
Minor's Privacy
vivo takes special care to protect the privacy of minors (the age of minors is determined by local law where you reside) and encourages parents/guardians to be active participants in their minor's activities and interests. vivo does not target, and is not intended for minors. vivo will not knowingly collect data from minors. If vivo discovers personal data from a minor, vivo will eliminate that data.
Security
To secure network integrity, the vivo IT data network employs measures including but not limited to security audits, use of encryption tools and software, and other reasonable security measures and procedures. Internal access to users' private and non-public personal information is restricted to the network administrators and individuals on a need-to-know basis.
Enforcement
In the event that vivo becomes aware that the vivo IT data network security has been compromised or user non-public information has been disclosed to unrelated third parties as a result of external activity, including but not limited to external security attacks, vivo shall take reasonable measures that it deems appropriate, including but not limited to internal investigation and reporting and notification to and cooperation with law enforcement authorities, notwithstanding other provisions of this Statement. If vivo becomes aware that a user's personal information provided to the vivo IT data network has been disclosed in a manner not permitted by this Privacy Statement, vivo shall make reasonable efforts to notify the affected user, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that the vivo IT data network knows this information. vivo reserves the right to disclose information contained in our access logs concerning any user, as we reasonably feel is necessary to protect our systems or business. In particular, vivo reserves the right to disclose such when a user is in violation of our current or later Terms of Use or other published guidelines, or initiates or participates (or is reasonably believed to do so) in any illegal activity, even without a subpoena, warrant, or other court order, and to disclose such information in response to court and governmental orders, civil subpoenas, discovery requests, and as otherwise required by law.
Data integrity
vivo processes personal information only for the purposes of collecting information, and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
Update the Privacy Statement
When the Privacy Statement is updated, vivo will post both the changed version and its effective date on this page.
Disclaimer
While this Privacy Statement expresses vivo's standards for maintenance of private data, vivo is not in a position to guarantee that the standards will always be met. Some factors beyond our control may result in disclosure of data. As a consequence, vivo disclaims no warranties or representations relating to maintenance or nondisclosure of private information.
4. End User License Agreement
vivo End User License Agreement
IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This License Agreement ("License Agreement") for a certain vivo product is a legal agreement between you (either an individual or an entity) and vivo Communication Equipment Corp.,Ltd. and its third party suppliers and licensors (collectively "vivo") for all the relevant software (which includes components provided by suppliers and licensors to vivo) bundled with the vivo product purchased by you ("Software").
YOUR ACCEPTANCE BY ACTIVATING, USING, DOWNLOADING OR INSTALLING THIS PHONE AND/OR THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
If, prior to indicating your acceptance by activating, using, downloading or installing this phone and/or the Software, you determine that you are unwilling to agree to the terms of this License Agreement, you have no right to use the Software and you should: (i) promptly return the Software to vivo or delete it; or (ii) if you have purchased the vivo Product on which the Software is pre-installed by or on behalf of vivo, promptly return the vivo Product and the accompanying Software and items (including documentation and packaging) to vivo or the vivo authorized distributor from whom you purchased the vivo Product.
Open Source Software
The Software includes software files subject to certain open source license agreements, then such open source software files are subject to the notices and additional terms and conditions that are referenced in this section. Such open source software files are provided on an "AS IS" basis to the maximum extent permitted by applicable law.
For the open source file(s) contained herein, please access “Open source license” section located at Settings\\About phone\\Legal information on the device for the relevant copyright and licensing terms. You may obtain a copy of Apache License, Version 2.0 at http://www.apache.org/licenses/LICENSE-2.0.
You may also obtain a copy of GNU General Public License, Version 2 at Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT. vivo IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.
1. GRANT OF LICENSE. vivo hereby grants to you a non-exclusive, non-transferable and restricted license to use the Software and any related documentation (“Documentation”) subject to the following terms:
You shall use the Software solely in conjunction with the handheld device in which the Software is originally embedded.
2. LICENSE RESTRICTIONS.
a) Except to the extent otherwise expressly and unambiguously authorized by vivo or to the extent such restrictions are explicitly prohibited by applicable law, you shall NOT: (i) permit other individuals to use the Software; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for a back-up upon a repair/replacement, provided that such back-up is not installed or used on any computer, and shall be deleted/destroyed immediately after repair/replacement. Any other copies You make of the Software are in violation of this Agreement); (iv) rent, lease, transfer, sublicense or otherwise transfer rights to the Software or Documentation; (v) remove any proprietary notices or labels on the Software or Documentation; or (vi) add, integrate or combine any other software with the Software. Any such forbidden use shall immediately terminate your license to the Software.
b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concern relevant copyright and other intellectual property rights and/or the export controlling regulations.
c) You shall only use the Software for your private, non-commercial use. You shall not use the Software in any way to provide, or as part of, any commercial service or application. You shall not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
3. TITLE. Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in vivo (including all its relevant suppliers/licensors). The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software including the content contained in the Software media demonstration files, shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This license gives you NO rights to such Content.
4. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. THE SOFTWARE, DOCUMENTATION, AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. vivo FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, DOCUMENTATION, AND CONTENT REMAINS WITH YOU. IN NO EVENT SHALL vivo AND ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE HELD LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE OR THE CONTENT, EVEN IF vivo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. vivo’s TOTAL LIABLITY FOR ANY DAMAGES UNDER THIS AGREEMENT SHALL NEVER EXCEED THE PURCHASE PRICE YOU PAID FOR THE vivo PRODUCT YOU BOUGHT
5. INDEMNIFICATION. You agree to hold harmless, indemnify and defend vivo, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by vivo) in connection with the Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this License Agreement. If you are importing the Software from the United States or European Union, you shall indemnify and hold vivo harmless from and against any import and export duties or other claims arising from such importation. You agree that the laws of the State of Washington, the United States (excluding its conflict of laws) shall govern any and all matters resulted from this Agreement.
6. TERMINATION. This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from vivo to effect such termination.
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