Virtual Marvels, Inc. TERMS OF USE POLICY

 

We, the entire staff of Virtual Marvels, Inc.(Virtual Marvels™), our affiliates, agents, subsidiaries and other partners (collectively “Virtual Marvels”) welcome you, our most appreciated customers and visitors to our web site and this Terms of Use Policy (“TOU”).

 

1. SERVICE AGREEMENT & ACCEPTANCE OF TERMS

We, maintain our web site: www.virtualmarvels.com as a service to our clients and visitors. Our services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this TOU. By using you are agreeing to comply with and be bound by this TOU. Please review the following terms carefully. If you do not agree to abide by this TOU, you have no right to use www.virtualmarvels.com. Failure to use in accordance with this TOU may subject you to civil and criminal penalties.

Additional use requirements may be posted on one or more of our web site pages. By using our web site you are agreeing to comply with these additional use requirements as well. Such additional use requirements are hereby incorporated by reference into this TOU. 

 

2. MODIFICATION OF THIS TOU

Virtual Marvels reserves the right to amend this TOU at any time without notice to you.  You are responsible for regularly reviewing these terms and conditions. Your continued use of our products and services constitutes your agreement to all such terms, conditions, and notices. The “Last Update” date at the top of this web page indicates the last time this TOU was amended.

 

3. DESCRIPTION OF VIRTUAL MARVELS SERVICES

Virtual Marvels provides graphic design and web site development services (“Services”).

 

4. MODIFICATION OF PRODUCTS AND SERVICES

You agree that Virtual Marvels shall not be liable to you or any third-party for any modification, suspension or discontinuance of a product or service unless, that product or service had already been partially or fully purchased by you. If we modify, suspend or discontinue a product or service that you fully or partially paid for, Virtual Marvels will either complete that product or service or refund  the monies paid less any compensation for services rendered.  

 

5. REGISTRATIONS, PASSWORDS AND SECURITY

Should our Services require you to open an account, you agree to complete the registration process accurately and completely as prompted by the account registration form. Additionally, it is your responsibility to maintain and promptly update your registration data to ensure that it is accurate. If you provide any information that is inaccurate or incomplete, or if we have reasonable grounds to suspect that such information is inaccurate or incomplete, we may suspend or terminate your account and refuse to provide you with any current and future use of our Services. 

Some utilities may require you to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you understand that you will be liable for any and all activity that occurs under your account. You agree to notify Virtual Marvels immediately of any unauthorized use of your account.  With or without your knowledge, Virtual Marvels will not and can not be held liable for any loss that you may incur as a result of someone else using your password and/or account. However, you could be held liable for losses incurred by Virtual Marvels or a third party due to someone else using your account. Use of someone else’s account without their permission is prohibited.

 

6.0 CONTENT AND USE OF OUR SERVICES

6.1 Limited Right to Use

Virtual Marvels grants you a revocable, non-exclusive license to view, print, download and upload Content to and from our Services (“Use”). Such Use is limited to noncommercial purposes. Additionally, such use is limited to that which is reasonably required to navigate through our web site pages. Your license to Use our Services prohibits the distribution and sale of our Content. None of our Content may be reproduced without written permission from Virtual Marvels.

 

6.2 Monitoring of Virtual Marvels Services

You understand that Virtual Marvels has no obligation to monitor our Services. Virtual Marvels reserves the right to review materials posted to any of our web site pages and to remove the same.

 

6.3 Content Defined and Use Thereof

you understand that all information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Which means that you, not Virtual Marvels, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via our Services. Virtual Marvels does not control Content that is posted to our Services and therefore, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using our Services, you may be exposed to Content that is inaccurate, obscene, offensive and/or indecent. Virtual Marvels specifically disclaims any liability with regard to Content posted on our Services and any actions resulting from your use of that Content.  You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

6.4 Content Malfunctions

Under no circumstances will Virtual Marvels be liable in any way for any Content that malfunctions, is damaged, deleted and/or lost as a result of the use of any Content posted, emailed, transmitted or otherwise made available via our Services. Some Content uploaded to our Services may be subject to limitations on usage, reproduction and distribution; you are responsible for adhering to such limitations if you download the materials.

6.5 Spam(Unsolicited Email)

Virtual Marvels will immediately terminate any account which we believe is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Virtual Marvels liquidated damages of $10 in U.S. Currency for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account; in the alternative, you agree to pay Virtual Marvels actual damages to the extent such actual damages can be reasonably calculated.

 

7.0 USER CONDUCT CLAUSES

 

By using our Services you agree that you will:  

  • use our Services for legal purposes only.
  • not use our Services in any manner that could damage, disable, overburden, or impair any portion of our Services or any network(s) connected to the same.
  • not restrict, inhibit, disrupt or otherwise interfere with any other User of our Services.
  • not  gain or attempt to gain unauthorized access to our Services by hacking,
    password mining or other means not intentionally made available to you through
    our Services.
  • not use our Services in connection with surveys, contests, pyramid schemes, chain letters, promotional materials, unauthorized advertising, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • not harm, libel, harass, stalk, threaten or otherwise violate the legal rights of any other person.
  • not upload, publish, post, email, transmit, or otherwise distribute on our Services any inappropriate, profane, defamatory, infringing, obscene, harassing, tortious, defamatory, vulgar, libelous, hateful, indecent, unlawful, racially or ethnically offensive or other objectionable Content.  
  • not upload, publish, post, email, transmit, or otherwise distribute on our Services (1) any Content that infringes the Intellectual Property Rights and/or Privacy Rights of any party; or (2) any Content that you do not have a right to distribute. Furthermore, you may not download any Content posted by another User of  our Services that you know, or reasonably should know, cannot be legally downloaded in such a manner.
  • not upload, publish, post, email, transmit, or otherwise distribute on our Services any Content containing viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or property of another.
  • not forge, falsify, delete or otherwise manipulate any author attributions, legal or other notices, proprietary designations or labels of the origin or source of software or other Content that is transmitted through our Services.
  • not spider, datamine, harvest or otherwise collect any data from our Services. 
  • not violate any local, state, national or international law or regulation or any other organization having the force of law. 
  • not impersonate or otherwise, create a false identity.

 

8.0 INFORMATION DISCLOSURE

 

Virtual Marvels reserves the right to disclose any information as we deem necessary to

  • enforce this Agreement;
  • protect the rights, personal safety of our employees, property and other resources;
  • satisfy any applicable law, regulation, legal process or Governmental request; and
  • respond to claim(s) that any Content violates the rights of third parties.

 

9.0 ADDITIONAL TERMS FOR INTERNATIONAL USERS

 

The internet is accessible world-wide, therefore if you are living outside of the United States , you agree to abide by the terms of this TOU as well as any applicable laws regarding the transmission of electronic data exported from the United States and those of the country in which you reside.

 

 

10.0 YOUR CONTENT MADE AVAILABLE ON OUR SERVICES

 

When you upload, publish, post, email, transmit, distribute or otherwise make Content available for inclusion on publicly accessible areas of our Services, you understand:

1) that such Content becomes the property of Virtual Marvels to use in connection

    with the operation of our Services;

 

2) and that by making your Content available you warrant and represent that you

    own or otherwise control all of the rights to your Content including, without

    limitation, all the rights necessary for you to upload, publish, post, email,

    transmit, distribute or otherwise make the Content available.

No compensation will be paid with respect to the use of your Content unless otherwise stated in wrting by Virtual Marvels.  Virtual Marvels is under no obligation to post or use any Content that you upload, publish, post, email, transmit, distribute or otherwise make available for inclusion on our Services and Virtual Marvels may remove any such Content at any time.

 

 

11.0 PERSONAL USE OF VIRTUAL MARVELS SERVICES

 

you understand and agree that our Services are for your personal, non-commercial Use. By using our Services you agree not to modify, distribute, transmit, display, reproduce, duplicate, copy, license, create derivative works from, transfer, sell, or exploit for any commercial purposes, any portion of our Services, Use of our Services, access to our Services, or any other information, software, products or services of Virtual Marvels.

 

 

12.0 USE OF OUR SERVICES IS NONTRANSFERABLE

 

Under no circumstances is your right to Use our Services transferable. Any password or right given to you to obtain or transmit Content from and/or through our Services is not transferable to any other entity.

 

 

13.0 USE AND STORAGE PRACTICES

 

you understand that at any time we may limit your Use of our Services and the Content that you make available for inclusion on our Services, including without limitation: the number of times you may access our Services, the amount of time you may remain on our Services, the number of days your Content is displayed, disk space allotted to you for your Content and the file size of your Content. You agree that Virtual Marvels has no responsibility or liability for the deletion, corruption or failure to store any Content maintained by or transmitted to our Services. You understand that Virtual Marvels reserves the right to delete accounts that are inactive for a certain period of time.

 

 

14.0 TERMINATION OF SERVICE

 

you understand that Virtual Marvels reserves the right to terminate your access to our Services and delete any Content posted by you to our Services, for any reason, at any time, without notice to you. You agree that Virtual Marvels shall have no obligation to maintain any Content or to forward any unread or undelivered Content to you or any third-party. Furthermore, you agree that Virtual Marvels shall not be liable to you or any third-party for the termination of your access to our Services.

 

 

15.0 DEALINGS WITH ADVERTISERS

 

you agree that your dealings with advertisers found on or through our Services are solely between you and such advertisers. You agree that Virtual Marvels shall not be responsible or liable for any loss or damage of any kind incurred as a result of such dealings.

 

 

16.0 INDEMNITY

 

you agree to indemnify and hold Virtual Marvels harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of content that you

  • submit, post, transmit or otherwise make available through our Services;
  • your Use of our Services;
  • your connection to our Services;
  • your violation of this Agreement; or
  • your violation of any rights of another.

Further, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to Use of our Services and/or this TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

 

17.0 VIRTUAL MARVELS PROPRIETARY RIGHTS

 

you understand and agree that our Services and any software used in connection therewith, Content contained in advertisements, as well as any Content presented to you through our Services or advertisers contain proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, and other intellectual property right laws. You understand and agree that copying, modifying, reproducing, renting, leasing, loaning, selling, distributing or creating derivative works based on our Services except as allowed under "8.1 Limited Right to Use", is strictly prohibited. You understand and agree that you do not acquire ownership rights to any Content, document or other materials viewed, listened to, downloaded or otherwise accessed through our Services unless given in writing by Virtual Marvels.

 

17.1 Trademark Information

Virtual Marvels™, Dynamic Displays of Creativity… Get Excited!™, and other Virtual Marvels logos and product and service names are the property of, and wholly owned by Virtual Marvels, Inc.. You agree not to display or Use any trademarks, service marks, logos, product and service names or other Virtual Marvels marks without explicit permission, in writing, from Virtual Marvels, Inc.

 

17.3 The Infringement of your Intellectual Property Rights

 

We extend you protective measures regarding your own intellectual property. if you believe that we or one of our users has violated your intellectual property rights by copying your property in a way that constitutes copyright infringement, please contact us by following the instructions below. The following instructions regard the filing of an intellectual property rights infringement claim. For other issues email our general inquiry email address: info@virtualmarvels.com.

 

 

18.0 LINKS

 

Our Services may contain links to third-party web sites and/or resources. Third-party web sites and resources linked to our Services, are not under the control or management of Virtual Marvels Inc., therefore, you understand and agree that Virtual Marvels Inc., is not responsible for the availability, maintenance, or content of such web sites and resources. Virtual Marvels Inc.  provides links to third-party web sites and resources as a convenience, and the inclusion of any link neither implies our endorsement of the web site or resource, nor any association with it. You are responsible for viewing and abiding by the privacy statements and terms of Use posted at the linked web sites and resources. You further understand and agree that any dealings with third-party web sites or resources, including the delivery of and payment for products and services and any related terms, conditions, warranties or representations associated with such transactions are solely between you and the third-party web site or resource.

 

19.0 DISCLAIMER OF WARRANTIES

 

You understand and agree to the following:

 

19.1 REGARDING "AS-IS" DISCLAIMER

 

All content, including without limitation, data, text, software, music, sound, photographs,

graphics, video, information, messages or other content available from or through our

services is provided "as-is", "as available", and all warranties, express or implied, are

disclaimed.

 

Virtual marvels disclaims all warranties, express or implied, including without limitation:

 

      1) that any website, product or service, or other content available

    from or through our services will meet your requirements;

 

2) that the quality of any content, including without limitation,

    products, services, information, or other material purchased or

    obtained by you through our services will meet your expectations;

 

3) that any content, including without limitation, computer programs

    or other software available from or through our services will be

    merchantable or fit for a particular purpose;

 

4) that any portion of the content available from or through our

    services is provided without inaccuracies or typographical errors;

 

5) that any content or results that may be obtained from the use of

    our services will be correct, accurate or reliable;

 

      6) that any virtual marvels service component or content along with

     any computer programs or software available from or through our

     services will be uninterrupted or error-free;

 

      7) that our services contains no viruses or other harmful components;

 

      8) that any errors or defects in our services will be corrected;

 

9) that any security methods employed in our services will be

    sufficient.

 

19.2 REGARDING YOUR RISK

 

Your use of our services is at your sole risk. All content available from or through our

services is provided with all errors and defects, and the Entire risk as to expectations,

accuracy, satisfactory quality, use requirements, performance and effort is with you

as the user.

 

19.3 REGARDING LOSSES OF ANY KIND

 

You understand and agree that virtual marvels shall not be liable for your use of our

services, or any content available from or through our services now or in the future.

Virtual marvels shall not be liable for direct, indirect, incidental, special, consequential

or exemplary damages, including without limitation:

1) for your loss of business, loss of profits, litigation expenses, or any other

    damages relating to monetary issues and/or expenses incurred;

 

2) data or other intangible losses, even if virtual marvels had been advised

    of the possibility of such damages;

 

3) the delay and/or inability to use our services for any reason;

 

4) any defects, errors or omissions with any content obtained from or through

   our services;

 

5) the cost to replace products and services resulting from defects, errors,

    omissions or other problems with such products and services that had

    been purchased or obtained or transactions entered into through or from

    our services;

 

6) any material downloaded or otherwise obtained through the use of our

   services;

 

7) unauthorized access to, or alteration of your content posted on, transmitted

    through or otherwise used in connection with our services;

 

8) statements or conduct of any user of our services;

 

9) for any third- party claims of any type, even if advised of the possibility of

    such damages or claims; or

 

10) any other matter relating to or in connection with our services whether

     based on contract, breach of contract, breach of warranty, tort,

     negligence, product liability, strict liability or otherwise.

 

19.4 REGARDING THE CONDUCT OF USERS

 

You understand and agree that virtual marvels shall not be responsible for the conduct of

any user including, without limitation, any content sent or received or not sent or received,

any transactions entered into through our services, unauthorized access to or the

alteration of content posted or transmitted by you, any threatening, offensive or illegal

content used in connection with our services, any infringement of one's rights, including

intellectual property rights, or any breach of the guidelines in “7.0 user conduct clauses”.

 

19.5 REGARDING THE ACCURACY OF CONTENT

Neither virtual marvels nor its business partners make any representations about the accuracy, suitability, reliability, availability, timeliness, lack of viruses or other harmful components, or any other performance related issues or results of the content contained within our services for any purpose. Furthermore, none of the advice received from or through our services should be relied upon for personal, medical, legal, financial or any other decision; you should consult the appropriate professional for specific advice regarding your situation.

 

19.6 REGARDING THESE LIMITATIONS

 

The waiving of any damages received by you in connection with your use of our services are required, fundamental elements of the transaction between you and virtual marvels. The content made available from or through our services would not be made available without such limitations. Furthermore, you understand and agree that none of the content, whether written or oral, you obtain from or through our services, shall create any warranty, representation or guarantee that is not expressly stated in this tou.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections “19. Disclaimer of warranties” may not apply to you.

20.0 INFORMATION AND PRESS RELEASES

Our Services may contain Content such as editorials, interviews, quotations, discussions, press releases, etc. about Virtual Marvels and our Services which discuss business practices, products, services, and other issues as well as links to third-party web sites that contain such Content. While all Content prepared by Virtual Marvels was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any such Content. Furthermore, Virtual Marvels should not be relied upon for the endorsement of, nor assumed to be the provider of statements concerning third-parties. The opinions expressed in any Content, including those by employees, agents or other parties related to Virtual Marvles, are solely those of the author(s) and do not necessarily reflect the opinion Virtual Marvels, Inc. See "18. Links" above regarding Content, contained in links to third-party web sites.

21.0 NOTICE

Virtual Marvels may make notices including changes to this TOU or other matters, available to you in several ways including by way of email, regular mail, links or postings on different web pages of our Services or other method of distribution.

22.0 LEGAL JURISDICTION

This TOU shall be governed by the laws of the State of Florida , U.S.A. without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Alachua County , Florida , U.S.A. in all disputes arising out of or relating to the Use of our Services and/or any other product, service or web site of Virtual Marvels.

23.0 FAILURE TO ENFORCE IS NOT A WAIVER OF RIGHTS

You understand and agree that any failure by Virtual Marvels to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision.

24.0 SEVERABILITY

Should any portion of this TOU be found by a court of competent jurisdiction to be legally unenforceable, all parties agree that the court should attempt to uphold the parties' intentions as reflected in the provision, and that the remainder of this TOU will remain fully enforceable, as if the unenforceable portion was not included.

25.0 VIOLATIONS

Violation(s) of this TOU may result in the revocation of your access to our Services, as well as civil and/or criminal prosecution by Virtual Marvels and/or other effected party(ies). Should any claims from or against any party arise out of that party's Use of, or access to our Services or any violations of this TOU, all parties involved agree that Virtual Marvels will not be held liable. Furthermore, all parties involved agree to indemnify and hold Virtual Marvels harmless for any claims arising out of any such Use or access. Should you witness any violation(s) please report them to the Virtual Marvels by emailing us at: legal@virtualmarvels.com

26.0 YOUR CONCERNS, QUESTIONS AND SUGGESTIONS

We are very interested in any issues pertaining to this TOU. Should you have any concerns, questions or suggestions please refer to our Frequently Asked Questions web page (click here). If you do not locate an answer to your issue or you have a suggestion please contact us at the address below.

27.0 VIRTUAL MARVELS CONTACT INFORMATION

Virtual Marvels, Inc. created and maintains this TOU. Our web site address is: www.virtualmarvels.com. Our mailing address is: PO Box 142337 , Gainesville , FL 32614 . Our email address for general inquiries is info@virtualmarvels.com. Please direct inquiries regarding this TOU to: legal@virtualmarvels.com.

 

 

 
         
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