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Virtual Universe Corporation - Terms and Conditions of Use
Welcome! When using Virtual Universe Corporation., ("Virtual Universe") services ("Services"), you agree to the terms and conditions listed on this page (the "Terms of Use").
If you order or use any Virtual Universe Services or visit our Website, you accept these Terms of Use so please read them carefully. In addition, when you use any current or future Virtual Universe Services whether or not included in our Website, you will also be subject to our current Terms of Use.
PRIVACY
To understand our practices, please review our Privacy Policy that also governs your visit to our Website and use of our Services. Please note that the Privacy Policy may be changed or amended by VU, upon notice to the customer.
OWNERSHIP
All rights that are not granted to you are reserved by Virtual Universe. The Services, our technology, and any updates or improvements to the Services and our technology, are owned by Virtual Universe and its licensors. Virtual Universe and our licensors own all copyrights, patents, trademarks, trade secrets, and other intellectual property rights relating to or residing in our Services. You understand that our Services and technology contain valuable software and confidential information and you agree that you will not modify, reverse engineer, decompile, create other works from, or disassemble any of our software without our prior written consent.
TRADEMARKS
Virtual Talker, Virtual Universe Communications, and our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Virtual Universe Communications, Inc. Virtual Universe trademarks and trade dress may not be used in connection with any product or service that is not provided or authorized in writing by Virtual Universe, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Virtual Universe. All other trademarks not owned by Virtual Universe that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Virtual Universe.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account number and password and for restricting access to your account number and password. You agree to accept responsibility and liability for all activities that occur under your account or password whether lawful or unlawful. You are also solely responsible for all uses of your account and password, whether or not actually or expressly authorized by you. We do not sell products or services for children. If you are under 18, you may use our Services only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Violation of Terms of Use may result in immediate deletion of your account. In order to ensure that we are able to provide high quality services that are responsive to your needs, you agree to allow our employees to access your account and records on a case-by-case basis to investigate complaints. We will not disclose the existence or occurrence of such an investigation unless required by law.
COMMUNICATIONS AND CONTENT
You are responsible for the content of the messages you communicate when using our Services as well as the consequences of those messages. You agree that you will not use our Services to engage in activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to your identity.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS WE OTHERWISE AGREE IN WRITING, THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. VIRTUAL UNIVERSE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VIRTUAL UNIVERSE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE, SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION.
VIRTUAL UNIVERSE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH SERVICES PROVIDED BY US (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. VIRTUAL UNIVERSE TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICES RENDERED, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY AMOUNTS ACTUALLY REALIZED BY VIRTUAL UNIVERSE (LESS ANY PAYMENTS TO YOU) DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Virtual Universe, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees, on a solicitor and client basis) arising from your use of our Services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of Virtual Universe's successors, assigns, representatives and licensees.
APPLICABLE LAW
These Terms of Use will be governed by and construed in accordance with the laws of the Province of Alberta, Canada without giving effect to its conflict of laws or your actual state or country of residence.
MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site and policies at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Virtual Universe Corporation,
4245 97th Street, Suite 200,
Edmonton, Alberta, Canada
T6E 5Y7
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