Date of Last Revision: September 9, 2019
Welcome to Savvy!
You represent and warrant that:
Additionally, in your use of the Services, you agree not to, without limitation:
We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (i) we may change parts or all of the Services and their functionality; (ii) we may suspend or discontinue parts or all of the Services; (iii) we may terminate, suspend, restrict, or disable your access to or use of parts or all of the Services; (iv) we may terminate, suspend, restrict, or disable access to your Accounts; and (v) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
We reserve the right, at any time and in our sole discretion, and without notice to you, to determine the rightful Account ownership and to transfer an Account to such owner. Our decision in that respect is final. If we feel that we cannot reasonably determine the rightful owner, we reserve the right to suspend an Account or access to a Video Advertisement until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.
We may provide templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio, and video (“Demo Content”), to provide you with ideas or inspiration. Unless we otherwise consent in writing, Demo Content (or any portion of it) may not be posted, distributed, publicly displayed, publicly performed, or otherwise published.
Any eligible user who creates an Account will select a username and password when completing the registration process. You are solely and fully responsible for maintaining the confidentiality of your username and password, or third-party credentials, for accessing Savvy’s Services and will be solely and fully responsible for all activities that occur under that Account. You agree to (i) immediately notify Savvy of any unauthorized use of your username and password or any other breach of security and (ii) log off from your Account at the end of each session. Savvy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section .
You agree to defend, indemnify, reimburse, and hold harmless Savvy and its parents, subsidiaries and affiliated entities, its third party contractors, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney’s fees, costs and expenses, and court costs) arising out of or related to: (i) your use of the Services; (ii) Savvy’s use of your User Content or Video Advertisement; (iii) any breach or alleged breach of your representations and warranties and/or any breach, alleged breach, or violation of the notices, terms, and conditions hereof; and (iv) your violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from the submission and/or use of your User Content as contemplated hereunder.
THE WEBSITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SAVVY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. SAVVY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS WEBSITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE OR ANY OTHER SITES LINKED TO THIS WEBSITE. THE MATERIALS OF THIS WEBSITE MAY BE OUT OF DATE, AND SAVVY MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS WEBSITE. SAVVY DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS WEBSITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SAVVY DOES NOT WARRANT THAT THIS WEBSITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS WEBSITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.
IN NO EVENT WILL SAVVY, ITS VENDORS OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS WEBSITE, ANY SITES LINKED TO THIS WEBSITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SERVICES OR INFORMATION FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.