Your Media. Anytime, Anywhere.

QVIVO is the simplest way to build your personal media cloud, automatically organized and in sync across all of your favorite devices.

Unsupported Browser

The QVIVO Web App is fully supported under Google Chrome or Apple Safari. You can also download the QVIVO Desktop Apps for Mac or Windows for the full QVIVO experience.

QVIVO Terms of Use

PLEASE READ CAREFULLY -- THIS IS A BINDING CONTRACT

These QVIVO Terms of Use (the "Agreement") are a binding agreement between you and QVIVO. “QVIVO” means QVIVO Limited, whose principal place of business is at Studio 4, 17th Floor, Kai Wong Commercial Building, 224 Queens Road Central, Hong Kong. QVIVO's products, software, services and web sites are referred to collectively as the “Services” in this document. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

Accepting the Terms

In order to use the Services, you must first agree to the Terms. You accept the terms of this Agreement by clicking to confirm acceptance or by using the Services. You may not use the Services if you do not accept the Terms.

Amendments to this Agreement

You agree that we can update the terms of this Agreement at any time by posting changes in the Services. Unless we otherwise note at the time of posting, changes will be effective immediately upon posting. You accept changes either by using the Services after we post the changes within the Services or by clicking to confirm acceptance. You are responsible for checking the Services for changes to this Agreement.

Content in the Services

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to QVIVO (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by QVIVO or by the owners of that Content, in a separate agreement. QVIVO reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. You agree that you are solely responsible for (and that QVIVO has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which QVIVO may suffer) by doing so.

Provision of the Services

You acknowledge and agree that QVIVO may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at QVIVO’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform QVIVO when you stop using the Services. You acknowledge and agree that if QVIVO disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

Use of the QVIVO Services

Subject to your compliance with the terms of this Agreement, we grant you a personal, non-commercial, non-exclusive, non-transferable, revocable right to use the Services solely for the purpose of management and playback of lawfully acquired media files from your personal collection that you have the right to store and retrieve, including all data comprising, describing, or associated with each media file that you choose to upload, such as audio data, video data, metadata, and cover art for each media file (all such media, "Your Media"). You agree not to use the Services in any other way, including to store, transfer or distribute content of or on behalf of third parties, for any form of illegal file sharing, to operate your own content application or service or to resell any part of the Services. QVIVO consists of (a) QVIVO-provided server space that you can use for storage of Your Media, and (b) software applications and related web sites and services that allow you to upload, manage, access, and play back Your Media through a web browser or through any supported, Service-enabled device.

Use of Your QVIVO Account

To use QVIVO Services, you must have a QVIVO account. You may only use the Services in connection with one QVIVO account. You may not use a name, username or email address that you are not authorized to use or share your QVIVO username and password with others for purposes of allowing others to use the Services with your account. If we suspend or terminate your use of the Services in connection with a QVIVO account, you may not commence use of the Services in connection with another QVIVO account. You agree that you will be solely responsible to QVIVO for all activities that occur under your account.

Your Permissions and Instructions to QVIVO

By using the Services with Your Media, you are directing us to manage or play Your Media on your behalf, and that by using the Service you are requesting that QVIVO make all of the necessary functions and features of the Service available to you in order to facilitate your use of Your Media according to the Terms. By uploading or submitting Your Media to or through the Service, you are directing QVIVO to store a copy of Your Media on your behalf and to make it accessible to you through the use of your login credentials. By accessing, managing, playing back, displaying, or using all or any part of Your Media on or through the Service, you are directing QVIVO to initiate and perform the corresponding functions on your behalf, together with any related steps necessary to achieve them, through the Service. You understand that QVIVO, in performing the required technical steps to provide you with the Service as described in the Terms, may (a) transmit Your Media over various public networks and in various media; and (b) make such changes to Your Media as are necessary to conform and adapt it to the technical requirements of connecting networks, devices, services, or media. You agree that in each such instance, your use of the Service includes a direction to QVIVO to take these actions on your behalf. You confirm and warrant to QVIVO that you have all the rights, power and authority to grant any permissions and give any instructions to QVIVO that may be required to perform the actions necessary to provide you with the Service. You agree that you will not share, upload, submit, access, manage, play back, display or use any Content (including any portion of Your Media), or direct QVIVO to do anything with Your Media on your behalf, unless you have all of the necessary rights to do so without infringing the rights of any third party or violating any laws or agreements that apply to you, the content, or Your Media. You acknowledge and agree that you are solely responsible for your own conduct and content while using the Service and for any consequences thereof. You must ensure that you have all the necessary rights in Your Media that permit you to use the Services without infringing the rights of any copyright owners, violating any applicable laws or violating the terms of any license or agreement to which you are bound. You must ensure that Your Media is free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

Advertisements

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by QVIVO on the Services are subject to change without specific notice to you. In consideration for QVIVO granting you access to and use of the Services, you agree that QVIVO may place such advertising on the Services.

Software updates

The Software which you use may automatically download and install updates from time to time from QVIVO. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit QVIVO to deliver these to you) as part of your use of the Services.

Third Party Fees

You may incur access or data fees from third parties (such as your internet provider or mobile carrier) in connection with your use of the Service. You are responsible for all such third-party charges for your use of QVIVO on or through third party services and devices.

Copyright Notices

QVIVO respects the rights of copyright holders and it is our policy to respond to notices of alleged copyright infringement. To file a copyright infringement notification with us, you will need to send a written communication to QVIVO's principal place of business that includes substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. As all media used through QVIVO's Services is accessible only through the use of a members login credentials, please include the users account identification and a full description of how you acquired access to the users account. Any unlawful access of accounts without the express permission of the user will be dealt with by the relevant authorities.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Reservation of Rights

We retain all right, title and interest in the Services. You do not acquire any ownership rights in the Software, even Software we make available for download. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT QVIVO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
   1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
   2. ANY CHANGES WHICH QVIVO MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
   3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
   4. YOUR FAILURE TO PROVIDE QVIVO WITH ACCURATE ACCOUNT INFORMATION;
   5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON QVIVO’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT QVIVO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

QVIVO's Privacy Policy

QVIVO is committed to protecting your privacy while delivering an enjoyable, social media experience. This privacy statement inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of QVIVO.com and QVIVO products.

We will occasionally update this privacy statement to reflect changes in our products, services, and customer feedback. When we post changes, we will revise the "last updated" date at the top of this statement. We encourage you to review this statement periodically to be informed of how QVIVO is protecting your information.

The information we collect from you will be used by QVIVO to enable the features you are using and provide the service(s) or carry out the transaction(s) you have requested or authorized. It may also be used to analyze and improve QVIVO products and services.

Personally identifiable information

In order to set up your QVIVO application, you must sign in with your QVIVO Account (if you already have one) or create a new, free QVIVO Account. The personal information we collect may include, but is not limited to, your name, email address, mailing or business address, phone numbers and language preference.

Please keep in mind that if your QVIVO application in a location that is accessible to others, such as a living room or other community setting, it is your responsibility to manage access to the device in that shared setting and to protect any personal information stored on it. We collect information on application events such as crashes or other troubleshooting information that may be associated with your QVIVO Account.

We may send certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements. We may send periodic member letters that are considered part of the service. We may occasionally request your feedback, invite you to participate in surveys, or send you promotional mailings to inform you of other products or services available from QVIVO and its affiliates.

Non-personally identifiable information

QVIVO records click stream data. This data includes general log information (click stream) such as the full Uniform Resource Locator (URL) of the pages you accessed on QVIVO.com. We also collect referral and aggregated "click-through" statistics such as page views, unique visitors and time spent on the website. This information helps us provide you with a continually improving and enhanced online experience, including the ease and speed of navigation to help you find the products, services and information you need.

When do we disclose personal information?

Your personal information will only be used or disclosed for the specific purposes for which it is collected or as authorized by law. For example, QVIVO must maintain website and product security, which includes the investigation of unauthorized attempts to access, alter or delete data, the spreading of viruses and other illegal intrusions. QVIVO may also access or disclose information about you in order to protect the rights or property of QVIVO or our partners, including the enforcement of our agreements or policies governing your use of the services.

Security of your information

QVIVO is committed to helping protect the security of your information. We use a variety of security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. For example, we store the information you provide on computer systems with limited access, which are located in controlled facilities.

For more information

If you have questions about this statement or believe that we have not adhered to it, please contact us by mail at:

Att: Privacy Policy Administrator
Studio 4, 17th Floor, Kai Wong Commercial Building
224 Queens Road Central
Hong Kong