Effective on January 15, 2017.
Accessing the Service
By using the Service, you acknowledge that:
You are at least 13 years old to use the Service.
You may not use the Service for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
You are responsible for any fees charged by your internet service provider or mobile carrier for using the Services, including, but not limited to data transfer fees.
You may not post inaccurate, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
You are responsible for any activity that occurs through your account. You also represent that all information you provide or provided to Virtzy upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You are responsible for keeping your password secret and secure. You are responsible for ensuring that any networks you are using to access the Services are secure and will not hold Virtzy responsible for any consequences of using the Service on an unsecure network.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all applicable federal, state, local or international laws, rules and regulations applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any content, data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
You must not impersonate or attempt to impersonate Virtzy, a Virtzy employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any trojan horses, worms, logic bombs, viruses, spyware, malware or any other code of a malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Virtzy page is rendered or displayed in a user’s browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attack the Services via a denial of service attack or a distributed denial of service attack.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Virtzy is not responsible or liable for the conduct of any user. Virtzy reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
General Terms and Conditions
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to reclaim or force forfeiture of any username for any reason.
We do not endorse and have no control over any Content and cannot guaranty the authenticity of any date which users may provide about themselves.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites, resources or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. Virtzy does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Virtzy is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY AND YOU ACCESS SUCH THIRD PARTY SERVICES SOLELY AT YOUR OWN RISK. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Virtzy has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Virtzy Parties (defined below) harmless for activity related to the Application.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos.
Intellectual Property Rights
Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Virtzy may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
The Service contains content owned or licensed by Virtzy (“Virtzy Content”). Virtzy Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Virtzy, Virtzy owns and retains all rights in the Virtzy Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Virtzy Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Virtzy Content.
The Virtzy name and logo are trademarks of Virtzy, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Virtzy. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Virtzy, and may not be copied, imitated or used, in whole or in part, without prior written permission from Virtzy.
Although it is Virtzy’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Virtzy reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Virtzy, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Virtzy encourages you to maintain your own backup of your Content. In other words, Virtzy is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Virtzy will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
Virtzy does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Virtzy is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER VIRTZY NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “VIRTZY PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE VIRTZY CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO VIRTZY OR VIA THE SERVICE. IN ADDITION, THE VIRTZY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE VIRTZY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT OR ANY PERSON’S RELIANCE ON SUCH CONTENT, WHETHER OR NOT CORRECT, CURRENT OR COMPLETE.
Limitation on Liability; Waiver
IN NO EVENT WILL THE VIRTZY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE VIRTZY CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE VIRTZY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE VIRTZY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE VIRTZY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE VIRTZY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED AND FIFTY UNITED STATES DOLLARS ($150.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF VIRTZY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE VIRTZY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE VIRTZY PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
VIRTZY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Arbitration & Limitation on Time to File Claims
Territorial Use Restrictions
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Virtzy to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Virtzy provides. Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) 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 any software related to the Service, 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.
Your Comments and Concerns
By visiting, accessing or using the Services, you acknowledge that:
You are over 13 years of age. (This Service is not targeted towards children under the age of 13, nor do we knowingly collect information about children under the age of 13. If you become aware that a child under the age of 13 has provided us with personal information, please let us know at firstname.lastname@example.org and we will do our best to verify and terminate the account.)
INFORMATION WE COLLECT AND HOW WE COLLECT IT
In order to provide the Virtzy Service to you and improve your experience as described below, we may collect the following types of information:
Information You Choose to Provide to Us: When you download, register or use the Services, we may ask you to provide the following types of information, which you can optionally choose to provide us:
Private Profile Information: When you register for a Virtzy account (your “Account”), you will be asked to create an account by providing your first and last name, email-address and creating a password or by logging in using a third party service such as Facebook or Instagram. If you log in using a third party service such as Facebook or Instagram, the email address that you used to register with that third party service may be used to create your account, and a password unique to Virtzy may be generated for you, which you can change at any time. Your email address and password will never be displayed to other users of the Service (unless you include it in any public information you provide, which we do not recommend).
Third Party Connections. In order to facilitate sharing of information between services and invite friends who have registered for Virtzy, you can connect third party services (such as Facebook, Instagram and Twitter) using the secure, industry standard connection methods provided by these third parties. When you make a connection between your Virtzy account and one of these third party services, the third party service may share certain information about you with Virtzy. We will never post content to your third party profiles unless you’ve chosen to enable us to do so by accepting the appropriate request for permission, checking a box or taking some other explicit action.
Private Communications: This information includes records and copies of communication between you and Virtzy. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices) or you may contact us.
Public Information You Choose to Provide to Us: Once you have created an Account, you can optionally choose to contribute the following types of public information in accordance with our Terms of Service, which in this document we will refer to as “User Content”:
Public Profile information: When creating an Account or after creating an Account, you can provide information for your user profile (e.g., public display name, location, picture and biography) to be posted or displayed on pubic areas of Virtzy.
User Content: You can select individual photos to post and share to the Service and tag with information including the location where the photo was taken. When you upload a photo, any associated metadata that might be embedded in the photo may be uploaded as well. You can also create other types of content, such as recipes, comments, and bookmarks which may be displayed publicly as well.
Automatic Information Collection and Data Analytics: When you download, register or use the Service, we may use third-party analytics technology to help us understand how our Service is being used and to measure traffic and usage trends for the Service. These tools may automatically collect information sent by your device or our Service and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.
Usage Information: When you download, register or use the Service, we may automatically collect certain details of your access to and use of the Service, such as traffic data, location data, logs and other communication data and the resources that you access and use on through the Service. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
Device Information: When you download, register or use the Service, we may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type and mobile network information.
Metadata: Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data.
Device Identifiers: Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads.
Third-party Information Collection: We may use third party tools to collect this information on our behalf, including Google Analytics. We do not control these third parties tracking technologies or how they are used. You can read Google Analytics Privacy practices here:
HOW WE USE YOUR INFORMATION
provide you with the Services, and any other information, products or services that you request from us;
fulfill any other purpose for which you provide it;
help you efficiently access your information after you sign in;
provide personalized content and information to you and others, which could include online ads or other forms of marketing;
provide, improve, test, and monitor the effectiveness of our Service;
develop and test new products and features;
monitor metrics such as total number of visitors, traffic, and demographic patterns;
diagnose or fix technology problems;
automatically update the on your device.
SHARING OF YOUR INFORMATION
Parties With Whom We May Share Your Information:
We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Virtzy is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your photos.
We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
Parties With Whom You May Choose To Share Your User Content:
Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. Once you have shared User Content or made it public, that User Content may be re-shared by others.
Email Address: If you choose to provide your email address to Virtzy by creating an Account or otherwise choosing to provide it to us, we will use it only to send communications directly from or related to the Service, such as:
Occasional announcements about product updates or improvements.
Notifications when others interact with you or your public content on Virtzy.
Recommended content from Virtzy that we think might be interesting to you.
Food-related offers, rewards or recommendations from Virtzy.
Contest-related communications if you participate in a contest or promotion hosted Virtzy or by a third party using the Virtzy platform to host a contest or promotion.
Personal messages related to the Service, your use of the Service or our Terms of Service.
Responding To Legal Requests And Preventing Harm: We may release Personal Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Virtzy, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. That said, any legal defenses or objections you may have to a third party’s request for your information, including a government, still apply.
HOW WE STORE AND PROTECT YOUR INFORMATION
Storage and Processing:
Your information is transmitted to and stored by Virtzy using commercially reasonable steps and industry-standard methods for each type of information. Our databases and servers are protected from unauthorized access using modern security and authentication methods such as passwords and access keys. However, Virtzy cannot ensure the security of any information you transmit to Virtzy or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
YOUR CHOICES ABOUT YOUR INFORMATION
You can access, view, update or change your information at any time by logging in and changing your profile settings.
Unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications.
Most browsers have an option for turning off cookies altogether, which will prevent your browser from accepting new cookies, as well as allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies activated however, because blocking cookies could affect certain features of the Service.
Following termination or deactivation of your account, Virtzy, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
YOUR COMMENTS AND CONCERNS
All rights reserved, Virtzy, Inc. 2017.