VIRTUAL INTERACTIVE BUSINESS USER AGREEMENT
SUBSCRIPTION: By signing below, you are requesting that we create for you a subscription to the video conferencing service of DoNE4U, Inc. d/b/a Virtual Interactive Families and Virtual Interactive Business ("Virtual,” “us” or “we”). The term of this subscription is for the length of time chosen by you on the registration form, starting today. In return for this service, you agree to pay the applicable fee. Subject to the terms of this User Agreement (“Agreement”), your subscription will permit you to use the Virtual Interactive Families video conferencing service (the “Virtual Service”) provided by Virtual through your personal video conferencing pages (“Personal VCP”). You agree and acknowledge that you will be charged for and will pay for any additional minutes you request or charges you incur in the use of your Personal VCP.
ACCEPTANCE: By signing below, you are also agreeing to the terms of this Agreement. Please read this Agreement carefully. If you do not accept the following terms, you will not be accepted as a Virtual subscriber and will not be permitted access to the Virtual Service. This is an Agreement between you, either individually or (if you are entering into this Agreement as a representative of your company or institution) your company or institution, and Virtual relating to access to the Virtual Service. This Agreement applies to all Virtual site content and services and to your Personal VCP.
TITLE: Virtual is the exclusive owner of the Virtual Service, and that portion of the content of your Personal VCP that is provided by Virtual (the “Virtual Content”). Virtual is licensing the Virtual Service and the Virtual Content to you on a nonexclusive basis as set forth in this Agreement. This Agreement does not transfer title to the Virtual Service or Virtual Content.
LICENSE: Virtual grants to you a nonexclusive, nontransferable license to use the Virtual Service and the Virtual Content in accordance with this Agreement. If you use the Virtual Service or your Personal VCP in a way that exceeds the scope of the license you are granted, this Agreement will automatically terminate.
RESTRICTIONS: This Agreement sets forth the terms and conditions governing your use of the Virtual Service and your Personal VCP. You may not remove any proprietary notices, labels, or marks on the Virtual video conferencing service or your Personal VCP. You may not rent, lease or otherwise transfer the Virtual Service or your Personal VCP. The Virtual Service and your Personal VCP contain copyrighted material, trade secrets and other proprietary material. Without our prior written permission you shall not copy, modify, reverse engineer, network, rent, lease, loan, distribute, or create derivative works based upon the Virtual Service or your Personal VCP in whole or in part, nor shall you permit any third party to engage in any of these activities. Minors shall not use the Virtual Service or your Personal VCP without the supervision of a responsible adult.
CONTENT: You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, message or other materials other than Virtual Content (“User Content”), whether publicly posted or privately transmitted, are, unless we otherwise authorize it, the sole responsibility of the person from which such User Content originated. This means that you are entirely responsible for all User Content that you upload, post, e-mail, or otherwise transmit via the Virtual Service. We do not control the User Content transmitted and posted via the Virtual Service and, as such, do not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will we be liable to you or any other party in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, e-mailed or otherwise transmitted by Users via the Virtual Service. You acknowledge that we will not screen, review, endorse or approve chats, postings and/or other communications by users of the Virtual Service.
USER CONDUCT: You are prohibited from using the Virtual Service for unlawful, inappropriate or unauthorized purposes, including, but not limited to, the purposes expressly prohibited below:
• Unlawful Communications. You may not yourself, or permit others to, upload, post, e-mail or otherwise transmit any unlawful, tortuous, or harmful content, or content otherwise prohibited under any law or under a contractual or fiduciary relationship (e.g., inside information; proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.)
• Inappropriate Communications. You may not yourself, or permit others to, post or transmit any material which violates or infringes in any way upon the rights of others, which is defamatory, abusive, profane, harassing, threatening, sexual, offensive, discriminatory or otherwise unethical, including but not limited to stalking, and the dissemination of offensive, sexual or discriminatory materials.
• Advertising and Solicitation Communications. Without our prior written permission, you may not use the Virtual Service to send, receive, view or store commercial or personal advertisements, solicitations, promotions or endorsements. You, and those under your control, are strictly prohibited from uploading, posting, e-mailing or otherwise transmitting unsolicited or unauthorized advertising, promotional materials, spam, pyramid schemes, chain letters, or any other form of solicitation.
• Misrepresentations. You may not make any false statement using the Virtual Service. Without limiting the foregoing, you may not impersonate any person or entity, nor falsely state or otherwise misrepresent your affiliation with a person or entity.
• Dissemination of Confidential, Proprietary Information or Trade Secrets. Unless you are expressly and properly authorized to do so, you are prohibited from sending, transmitting, or otherwise distributing proprietary information, data, trade secrets or other sensitive or confidential information or otherwise unauthorized use of copyrighted, patented or trade secret information and improper use of trademarks, service marks, certifications marks and the like, using the Virtual Service.
• Illegal Copying or Transmission. You may not illegally copy or transmit material protected under copyright law or make that material available to others for copying. You are responsible for complying with copyright law and applicable licenses that may apply to software, files, graphics, documents, messages, and other material you wish to download or copy.
CONSENT: You grant us permission to deliver information to you via e-mail. You understand that this information will include, but will not be limited to, periodic newsletters, advertisements for other Virtual products or services, and advertisements for other products and services related to or complementary with the Virtual Service.
PERSONAL INFORMATION: We do not guarantee your privacy and the security of information transmitted while using the Virtual Service or your Personal VCP. You are solely responsible for safeguarding your User ID and password necessary to access the Virtual Service and Personal VCP.
TERM AND TERMINATION: The term of this license for the Virtual Service and your Personal VCP is for the length of time chosen by you on the registration form. Once the term ends, this Agreement will automatically terminate unless you agree to renew your subscription to the Virtual Service and Personal VCP and pay the then applicable fee to us. This Agreement will also terminate immediately without notice from us if you fail to comply with any provision of this Agreement.
DISCLAIMER OF WARRANTY AND REMEDY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE VIRTUAL SERVICE AND PERSONAL VCP IS AT YOUR SOLE RISK. THE VIRTUAL SERVICE AND PERSONAL VCP ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. INFORMATION PROVIDED BY US REGARDING ANY THIRD PARTY PRODUCTS OR SERVICES IS PROVIDED AS A CONVENIENCE ONLY, WITHOUT WARRANTY, AND WILL BE GOVERNED SOLELY BY THE TERMS AGREED UPON BETWEEN YOU AND THE THIRD PARTY PROVIDING SUCH PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE VIRTUAL SERVICE AND YOUR PERSONAL VCP WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF THE VIRTUAL SERVICE WILL BE COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE VIRTUAL SERVICE OR YOUR PERSONAL VCP WILL BE CORRECTED. FURTHERMORE, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE VIRTUAL SERVICE OR YOUR PERSONAL VCP IN TERMS OF ACCURACY OR RELIABILITY, OR OTHERWISE. NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIRTUAL OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIRTUAL, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF OR DAMAGE TO BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE VIRTUAL SERVICE OR YOUR PERSONAL VCP, EVEN IF VIRTUAL OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE VIRTUAL SERVICE AND YOUR PERSONAL VCP.
NO WAIVER OR ASSIGNMENT: No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by our duly authorized representative, and no single waiver will constitute a continuing or subsequent waiver. This Agreement may not be assigned, sublicensed or otherwise transferred by you, by operation of law or otherwise, without our prior written consent, provided that you may assign this Agreement upon written notice to us in instances in which the assignment is to an entity that acquires all or substantially all of your business, whether by merger, consolidation, or acquisition of assets.
GOVERNING LAW AND SEVERABILITY: This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Iowa, as applied to agreements entered into and to be performed entirely within Iowa between Iowa residents. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to the use of the Virtual Service and your Personal VCP and supersedes all prior or contemporaneous understandings or agreements, written or verbal, regarding such subject matter. Any additional or different terms or conditions proposed by you or contained in any purchase order are hereby rejected and shall be of no force and effect unless we expressly agree in writing. No amendment to or modification of this Agreement will be binding unless in writing and signed by our duly authorized representative.
ATTORNEY'S FEES: If any legal action or proceeding is brought for the enforcement of this Agreement or arises from an alleged breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred as a result of the legal action or proceeding.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND, BY YOUR SIGNATURE BELOW, YOU INDICATE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS IS THE COMPLETE AGREEMENT BETWEEN YOU AND US CONCERNING YOUR USE OF THE VIRTUAL SERVICE AND THAT THIS AGREEMENT SUPERSEDES ANY OTHER INFORMATION YOU MAY HAVE RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
If you agree to the terms of the Agreement, please indicate your agreement by completing the information.
USER NAME: ___________________________________