1. REGISTERING ON THE WEBSITE.
Accessing the Site
Privacy and Personal Information.
During the registration process we ask you to create a username and password or we may assign you a username and random password, which you can change at any time by logging onto the “Account” portion of the Site. Because any activities that occur under your username or password are your responsibility, it is important for you to keep your username and password secure. Notify us immediately if you believe that someone has used your username or password without your authorization. Once you register to use the Services your username and password are only valid for your personal, non-commercial use of the Site.
2. UNLAWFUL USE; USER CONDUCT.
The Site contains areas that enable registered users of the Services to communicate with others, such as message boards where fellow users may interact, forums and other areas where you may interact with other users through posting or sharing of content (collectively the “Communication Tools”). You agree to use the Communication Tools only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Tool. By way of example, and not as a limitation, you agree that when using the Communication Tools, you will not:
- Use the Communication Tools in connection with surveys (unless otherwise authorized by VR Horizons via notice or posting information in the Site), contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). VR Horizons has no obligation to monitor the Communication Tools. However, we reserve the right to review materials posted to the Communication Tools and to remove any materials in its sole discretion. VR Horizons reserves the right to terminate your access to any or all of the Communication Tools at any time, without notice, for any reason whatsoever.
VR Horizons reserves the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Use caution when giving out any personally identifiable information in any Communication Tools. VR Horizons does not control or endorse all of the content, messages or information found in any Communication Tools and, therefore, VR Horizons specifically disclaims any liability with regard to the Communication Tools and any actions resulting from your participation in any Communication Tools.
Materials uploaded to the Communication Tools may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
3. USE OF DOCUMENTS AVAILABLE THROUGH THE SERVICES.
Through the Services you will have access to various documents (“Documents”). You are authorized to access and use the Documents, provided that (1) any copyright notice in an applicable Document is retained and appears in all copies, and (2) no modifications of any Documents are made (completing any Document requests for information does not constitute modification). Use for any other purpose other than submission to the providing agency is expressly prohibited by law.
VR HORIZONS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VR HORIZONS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL VR HORIZONS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VR HORIZONS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
4. PROPERIETARY RIGHTS.
The Site (and all of the material that it contains, including without limitation the Documents) is owned by VR Horizons, or its third party licensors and is protected by intellectual property and other laws throughout the world. You may not copy, reproduce, republish, distribute, sell, license, transfer or modify the Site without the express written permission of VR Horizons. In addition, the trademarks, logos and service marks displayed on the website are the property of VR Horizons or its licensors. If you are aware of material on the Site that infringes copyright, please contact us through the Copyright Infringement Policy process, which is described below.
5. AVAILABILITY OF SERVICES.
VR Horizons does not provide you with access to the Internet or the equipment necessary to access the Internet or the Site or Services. You are responsible for the fees charged by other parties to obtain access to our Site and Services (by way of example only, Internet service provider or airtime charges) and for providing the equipment necessary to access the Site and Services. From time to time VR Horizons may modify, suspend or discontinue any of the Services offered on our Site without notice to you. VR Horizons shall not be liable to you for any modification, suspension or discontinuance of Services. VR Horizons may establish certain policies and practices concerning use of the Services, including without limitation the maximum number of email messages, message board postings or other Content that can be sent through our Services and the number of days that these items will be retained on our systems. VR Horizons has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through our Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.
6. LINKING TO OR FROM OUR WEBSITE.
You cannot link to our Site without our prior written consent. While our Site may have links to the websites of other companies and parties, VR Horizons has no control over those websites. VR Horizons is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. VR Horizons is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
8. COPYRIGHT INFRINGEMENT POLICY.
VR Horizons respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement please follow our Notice and Procedure for Making Claims of Copyright Infringement.
9. SUPPORT SERVICES.
VR Horizons offers the SITE “AS IS” and may not provide support for the SITE.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT:
THE WEBSITE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” AND”AS AVAILABLE” BASIS. VR HORIZONS DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND VR HORIZONS MAKES NO WARRANTY THAT THE INFORMATION ON THE WEBSITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. VR HORIZONS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
11. LIMITATIONS OF LIABILITY.
YOUR USE OF THE WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. VR HORIZONS ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES, EVEN IF VR HORIZONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. CHOICE OF LAW & VENUE
13. COPYRIGHT AND TRADEMARK NOTICE.
Site and its Contents Copyright (c) 2012-2020 VR Horizons, Inc. All rights reserved. VR Horizons and services shown herein are the trademarks or registered trademarks of VR Horizons. Other trademarks belong to their respective owners.
VR Horizons would appreciate feedback regarding the Site. To this end, VR Horizons may from time to time request that you complete questionnaires and/or otherwise provide VR Horizons with information regarding usability, bug reports and test results while using the Site. If you decides to provide such feedback, all feedback made by End User shall be the property of VR Horizons. VR Horizons may use, share and commercialize the feedback in any way and for any purpose.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (“DMCA”) VR Horizons has established the procedure outlined below to address alleged copyright infringement on the Site. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, you may provide VR Horizons with notice of your complaint by providing VR Horizons’ Designated Copyright Agent with the following information in writing:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit VR Horizons to locate the material;
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
VR Horizons, in its sole discretion, reserves the right to refuse additional content from users who have posted allegedly infringing material, and/or delete the material, or to terminate such user’s accounts.
After receiving a notification, VR Horizons will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), VR Horizons will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. VR Horizons will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.
If you are subject to a notification, you may provide us with a counter notification by providing VR Horizons’s Designated Copyright Agent the following information in writing:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which VR Horizons may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.
Upon receipt of a proper counter notification under the DMCA (as set forth above), VR Horizons will promptly provide the person who provided the initial notification with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) business days. Additionally, VR Horizons will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the counter notice, unless VR Horizons’ Designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.
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