Terms of Service

 

VirtuallyInked.com Terms of Use Agreement

 

By using our Website you are indicating that you accept the Terms of Use contained herein.

 

Welcome to VirtuallyInked.com - a service that enables subscribers to tattoo their photographs with body art, virtually try on tattoos before getting permanently inked and create unique, customized body art images - operated by Viral Marketing Partners LLC ("VirtuallyInked").

 

Please review this Terms of Use Agreement ("Agreement") as well as the VirtuallyInked Privacy Policy then in effect ("Privacy Policy"), which is incorporated by reference herein, as both together constitute a legally binding agreement made between you ("you") and VirtuallyInked, concerning your access to and use of the www.VirtuallyInked.com website ("Website"). The Website enables users to tattoo their photographs with body art and virtually try on tattoos before getting permanently inked, and provides other related services that VirtuallyInked may offer from time to time ("VirtuallyInked Services"). The VirtuallyInked Services are hosted on servers located in the United States.

 

 

Acceptance of Terms of Use Agreement

 

You accept and agree to be bound by this Agreement and the VirtuallyInked Privacy Policy and acknowledging such acceptance by using and/or by continuing to use the Website. If you do not agree to abide by this Agreement and the VirtuallyInked Privacy Policy or to modifications that VirtuallyInked may make to this Agreement in the future, do not use or access or continue to use or access the VirtuallyInked Services or the Website. Registration for the VirtuallyInked Services is void where prohibited.

 

User

 

User ("User") shall refer to anyone using and/or continuing to use the Website.

 

 

User Representations

 

General

 

By using the VirtuallyInked Services, you represent and warrant that:

 

a.    You are at least 18 years of age;

b.    All Sign Up information you submit is truthful and accurate;

c.    You will maintain the accuracy of such information;

d.    You will keep your password confidential and will be responsible for all use of your password and account;

e.    Your use of the VirtuallyInked Services does not violate any applicable law or regulation; and

f.     You will notify VirtuallyInked promptly of any User's violation of the terms of this Agreement;

h.    You will not share your username and password combination. Your VirtuallyInked username

       and password are to be used only by you. Each User that desires to access the VirtuallyInked

       site must have his/her own username and password and must purchase a subscription. You

       may use your subscription on ONE COMPUTER at any one time. If any two users on two separate

       computers are using the same username and password, we reserve the right to terminate that

       subscriber's account without refund or prior notice. We reserve the right to monitor accounts and 

       institute mechanical or other means to stop users from sharing their login information.

 

If you provide any information that is untrue, inaccurate, not current or incomplete, or VirtuallyInked has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VirtuallyInked has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

 

Content Provided by You on the Website

 

You are solely and entirely responsible for the content that you create, display, publish ("Posting") or transmit on the Website and for any harm resulting from your Postings. When you create, submit, facilitate, transmit or make available a Posting, you thereby represent and warrant that:

 

a.    Your Posting is not harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, harassing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable;

b.    The creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Posting does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;

c.    You have fully complied with any third-party licenses relating to your Posting, and have done all things necessary to successfully pass through to viewers any required terms;

d.    Your Posting does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;

e.    Your Posting does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another and does not violate any applicable law, regulation, or rule;

f.     Your Posting does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;

g.    If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Posting, or (ii) secured from your employer a waiver as to all rights in or to your Posting;

h.    Your Posting does not violate any state or federal law designed to regulate electronic advertising;

i.      Your Posting does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;

j.     Your Posting does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on VirtuallyInked's or others' computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;

k.    Your Posting does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;

l.      Your Posting does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and

m.  Your Posting does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by VirtuallyInked in its sole discretion.

 

Posting License

 

When you create a Posting to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Postings on the Website, including any derivative of the Website or other related media form, such as mobile websites, widgets that may contain Postings, or other media forms. By Posting to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to VirtuallyInked an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Postings for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Posting, and to grant and authorize sublicenses of the foregoing. You may remove Postings from the Website at any time, however this feature might not be available for all Posting. If you choose to remove your Posting, the license granted above for such removed Posting will automatically expire, however you acknowledge that VirtuallyInked may retain archived copies of your Posting and may continue using such Posting for a reasonable time in the same manner as we are using them at the time of such termination. VirtuallyInked does not assert any ownership over your Posting; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Posting and any intellectual property rights or other proprietary rights associated with your Posting.

 

VirtuallyInked has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Posting, (ii) re-categorize any Posting to place them in more appropriate locations or (iii) pre-screen or delete any Posting that are determined to be inappropriate or otherwise in violation of this Agreement, including but not limited to Posting containing offensive language and advertisements.

 

Usage and Charges

 

Usage. You agree to pay for VirtuallyInked Services when you complete the sign-on process. The Sign-on process provides a description of prices. Prices and charges are part of this Agreement and we reserve the right, at any time, to change any prices for using the VirtuallyInked Services without notice.

 

Billing. VirtuallyInked bills you through an online account (your "Billing Account") for use of the VirtuallyInked Services. You agree to pay VirtuallyInked all charges at the prices then in effect for any use of the VirtuallyInked Services by you or other persons (including your agents) using your Billing Account, and you authorize VirtuallyInked to charge your chosen payment provider (your "Payment Method") for the VirtuallyInked Services. You agree to make payment using that selected Payment Method. VirtuallyInked reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

 

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY VIRTUALLYINKED IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT YOUR ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE VIRTUALLYINKED WITH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT VIRTUALLYINKED MAY CONTINUE CHARGING YOU FOR ANY USE OF THE VIRTUALLYINKED SERVICE'S UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR ACCOUNT FOR THE VIRTUALLYINKED SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY VIRTUALLYINKED).

 

Failure of Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If VirtuallyInked does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

 

Charge Variations. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and VirtuallyInked shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that VirtuallyInked may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

 

Reaffirmation of Authorization. Your non-termination or continued use of the VirtuallyInked Services reaffirms that VirtuallyInked is authorized to charge your Payment Method. VirtuallyInked may submit those charges for payment and you will be responsible for such charges. This does not waive VirtuallyInked’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the VirtuallyInked Service’s.

 

Free Trials and Other Promotions. Any free trial or other promotion that provides free or discounted access to the VirtuallyInked Service must be used within the specified time of the trial.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF VIRTUALLYINKED'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS.  TO CANCEL, CALL A VIRTUALLYINKED CUSTOMER SUPPORT REPRESENTATIVE DURING NORMAL BUSINESS HOURS AT OUR CONTACT TELEPHONE NUMBERS OR FOLLOW THE INSTRUCTIONS PROVIDED IN THE ACCOUNT SETTINGS TO CANCEL.  THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the VirtuallyInked Service ("Submissions"), provided by you to VirtuallyInked are non-confidential and shall become the sole property of VirtuallyInked. VirtuallyInked shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Prohibited Activities

 

You may not access or use the Website for any other purpose other than that for which VirtuallyInked makes it available. The Website is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by VirtuallyInked. Certain activities, even if legal, may violate the common rules of etiquette governing Posting, as determined by VirtuallyInked in VirtuallyInked's sole discretion. Prohibited activity includes, but is not limited to:

 

a.    Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

b.    Advertising to, or solicitation of, any User to buy or sell any products or services;

c.    Making any unauthorized use of the VirtuallyInked Services, including collecting user names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email;

d.    Engaging in unauthorized framing of or linking to the Website;

e.    Transmitting chain letters or junk email to other Users;

f.     Using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;

g.    Engaging in any automated use of the system, such as using scripts to add friends or send comments or messages;

h.    Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

i.      Attempting to impersonate another User or person;

j.     Using the user name of another User;

k.    Selling or otherwise transferring your profile;

l.      Using any information obtained from the Website in order to harass, abuse, or harm another person;

m.  Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;

n.    Harassing, annoying, intimidating or threatening any VirtuallyInked employees or agents engaged in providing any portion of the VirtuallyInked Services to you;

o.    Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose; and

p.    Using the Website in a manner inconsistent with any and all applicable laws and regulations.

 

Non-commercial Use by Users

 

The Website is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Users and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting user names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

 

Privacy

 

VirtuallyInked values and respects your privacy, and personal information. Information submitted in connection with the Website and the VirtuallyInked Services is governed by and subject to our Privacy Policy. For more information, please see our Privacy Policy.

 

 

Intellectual Property Rights

 

The content on the Website ("VirtuallyInked Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to VirtuallyInked, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. VirtuallyInked Content, includes, without limitation, all source code, databases, functionality, software, website designs, text and graphics. All VirtuallyInked graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of VirtuallyInked in the U.S. and/or other countries. VirtuallyInked's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of VirtuallyInked. VirtuallyInked Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from VirtuallyInked is prohibited. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the VirtuallyInked Content and to download or print a copy of any portion of the VirtuallyInked Content to which you have properly gained access solely for your personal, non-commercial use. VirtuallyInked reserves all rights not expressly granted to you in and to the Website and VirtuallyInked Content and Marks. If you download or print a copy of the VirtuallyInked Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any VirtuallyInked Content or enforce limitations on use of the Website or the VirtuallyInked Content therein.

 

Third Party Websites and Content

 

The Website contains (or you may be sent through the Website or the VirtuallyInked Service) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and VirtuallyInked takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

 

Digital Millennium Copyright Act (DMCA) Notice and Policy

 

Notifications

 

If you believe that content available on or through the Website infringes one or more of your copyrights, please immediately notify Copyright Agent by mail, email or faxed notice ("Notification") providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney. VirtuallyInked has a policy of terminating repeat infringers in appropriate circumstances.

 

 

All Notifications should include the following:

 

a.    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b.    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

c.    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit VirtuallyInked to locate the material.

d.    Information reasonably sufficient to permit VirtuallyInked 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.

e.    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.

f.     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.

 

Notifications should be sent to our Copyright Agent as follows:

 

Designated Copyright Agent

VirtuallyInked, LLC

5319 University Drive - Suite 609

Irvine, CA 92612

Email: copyright@VirtuallyInked.com

We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

 

Counter Notification

 

If you believe your own copyrighted material has been removed from the Website and/or VirtuallyInked Service as a result of mistake or misidentification, you may submit a written counter notification ("Counter Notification") to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

 

a.    Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

b.    A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which VirtuallyInked is located.

c.    A statement that you will accept service of process from the party that filed the Notification or the party's agent.

d.    Your name, address and telephone number.

e.    A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

f.     Your physical or electronic signature.

 

You may submit your Counter Notification to our Designated Copyright Agent by fax, mail, or email as set forth above.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

 

Site Management

 

VirtuallyInked reserves the right but does not have the obligation to:

 

a.    Monitor the Website for violations of this Agreement;

b.    Take appropriate legal action against anyone who, in VirtuallyInked's sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities;

c.    In VirtuallyInked's sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any User's Posting or any portion thereof that may violate this Agreement or any VirtuallyInked policy;

d.    In VirtuallyInked's sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to VirtuallyInked's systems;

e.    Terminate the accounts of repeat infringers; and

f.     Otherwise manage the Website in a manner designed to protect the rights and property of VirtuallyInked and others and to facilitate the proper functioning of the Website.

 

 

Term and Termination

 

This Agreement shall remain in full force and effect while you use the Website. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating User accounts in the Account Settings, by sending us an email to admin@VirtuallyInked.com or contacting us using the contact information on our homepage.

 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, VIRTUALLYINKED RESERVES THE RIGHT TO, IN VIRTUALLYINKED'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY TERMINATE ACCOUNTS, DENY ACCESS TO AND USE OF THE WEBSITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND VIRTUALLYINKED MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN VIRTUALLYINKED'S SOLE DISCRETION.

 

In order to protect the integrity of the VirtuallyInked Services, VirtuallyInked reserves the right at any time in its sole discretion to block certain IP addresses from accessing the VirtuallyInked Services.

 

 

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

 

Modifications

 

To Agreement

 

VirtuallyInked may modify this Agreement from time to time. Any and all changes to this Agreement will be reflected on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the VirtuallyInked Services after any such modification is posted on the Website. VirtuallyInked may also, in its discretion, choose to alert all Users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are informed of changes. Modifications to this Agreement shall be effective when posted but shall not apply retroactively. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.

 

To Services

 

VirtuallyInked reserves the right at any time to modify or discontinue, temporarily or permanently, the VirtuallyInked Services (or any part thereof) with or without notice. You agree that VirtuallyInked shall not be liable to you or to any third party for any modification, suspension or discontinuance of the VirtuallyInked Services.

 

 

Disputes

 

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the VirtuallyInked Services shall be governed and construed by the law of the State of California, excluding such state's conflicts of law rules.  Any legal action of whatever nature by or against VirtuallyInked arising out of or related in any respect to this Website and the VirtuallyInked Services shall be brought solely in either the applicable federal and state courts located in Orange County, California; subject, however, to the right of VirtuallyInked, at VirtuallyInked's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a User. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the courts referenced above in this paragraph. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the VirtuallyInked Service (including your visit to or use of the Website and/or the VirtuallyInked Service) be instituted more than three (3) years after the cause of action arose.

 

Corrections


Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. VirtuallyInked reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

 

Disclaimers

 

VirtuallyInked cannot control the nature of all of the content available on the Website. By operating the Website, VirtuallyInked does not represent or imply that VirtuallyInked endorses any blogs, Postings or other content available on or linked to by the Website, including without limitation content hosted on third party websites, or that VirtuallyInked believes Postings, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any Posting. VirtuallyInked is not responsible for the conduct, whether online or offline, of any User of the Website or VirtuallyInked Services.

 

VirtuallyInked makes no representations or warranties as to the opinions, advice, statements, offers, or other information or content made available through the VirtuallyInked Service, but not directly by VirtuallyInked, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

 

IN NO EVENT SHALL VIRTUALLYINKED BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT, CONTENT OR POSTINGS OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE VIRTUALLYINKED SERVICES.

 

YOU AGREE THAT YOUR USE OF THE WEBSITE AND VIRTUALLYINKED SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRTUALLYINKED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE VIRTUALLYINKED SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VIRTUALLYINKED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. VIRTUALLYINKED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIRTUALLYINKED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

VirtuallyInked reserves the right to change any and all content, software and other items used or contained in the Website and any VirtuallyInked Services offered through the Website at any time without notice.

 

Limitations of Liability

 

IN NO EVENT SHALL VIRTUALLYINKED OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR VIRTUALLYINKED SERVICES, EVEN IF VIRTUALLYINKED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VIRTUALLYINKED'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VIRTUALLYINKED FOR THE VIRTUALLYINKED SERVICES DURING THE PERIOD OF 12 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING, BUT IN NO EVENT SHALL SUCH AMOUNT BE LESS THAN $100.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Indemnity

 

You agree to indemnify and hold VirtuallyInked, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Postings, use of the VirtuallyInked Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

 

Notices

 

Except as explicitly stated otherwise, any notices given to VirtuallyInked shall be given by email to admin@VirtuallyInked.com. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by email, regular mail or discussion forum postings.

 

U.S. Export Controls

 

Software from this Website (the "Software") is subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Miscellaneous

 

This Agreement constitutes the entire agreement between you and VirtuallyInked regarding the use of the VirtuallyInked Services. The failure of VirtuallyInked to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. VirtuallyInked shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond VirtuallyInked's reasonable control.  If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

Contact Us

 

In order to resolve a complaint regarding the VirtuallyInked Services or to receive further information regarding use of the VirtuallyInked Service, please contact VirtuallyInked as set forth below, or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

 

VirtuallyInked, LLC

5319 University Drive - Suite 609

Irvine, CA 92612

Admin@VirtuallyInked.com

 

Home | How It Works | FAQ | Sign Up | Log In | Affiliates | Terms of Service | Privacy Policy | About Us | Contact Us | Blog

© 2009 - Virtuallyinked.com :: Viral Marketing Partners