Virtzy
TERMS OF USE & PRIVACY POLICY
Effective on January 15, 2017.

Acceptance of the Terms of Use
These terms of use (“Terms of Use”) are entered into by and between You and Virtzy, Inc. (“Virtzy”, “we” or “us”). By accessing or using the Virtzy website (virtzy.com) and mobile application (including any other features, content or applications made available from time to time by Virtzy) (together, the “Service”), however accessed, you agree to be bound and abide by these Terms of Use.

Please read the Terms of Use carefully before using the Service as these Terms of Use set forth the legally binding terms and conditions for your use of the Virtzy Services and affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, please do not access or use the Service.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

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 have read and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated by reference.
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 must not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use.
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.
Violation of these Terms of Use may, in Virtzy’s sole discretion, result in termination of your Virtzy account. You understand and agree that Virtzy cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Virtzy, we can stop providing all or part of the Service to you.
General Terms and Conditions
We reserve the right to withdraw, amend, remove or terminate the Service or your access to the Service for any reason, without notice and without liability to you. If we terminate your access to the Service, your photos, comments, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others). Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
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 may, but have no obligation to, remove, edit, block, review and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
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
Virtzy does not claim ownership of any Content that you post on or through the Service. You retain copyright and any other rights you hold in your Content, but by submitting or otherwise providing any Content, you hereby grant to Virtzy a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully-paid, transferable and sub-licensable license to use, modify, reproduce, distribute, prepare derivative works of, display and other otherwise fully exploit the Content that you post on or through the Service, subject to the Service’s Privacy Policy, available here.
Except as otherwise described in the Service’s Privacy Policy, available here, as between you and Virtzy, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. None of your Content will be subject to any obligation of confidence on the part of Virtzy, and Virtzy will not be liable for any use or disclosure of any Content you provide.
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.
You represent and warrant that: (i) you own or otherwise control all rights in and to the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not infringe, violate or misappropriate the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; (iv) all of the Content posted by you on or through the Service do and will comply with these Terms of Use and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
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.
You agree that Virtzy is not responsible for, and does not endorse, Content posted within the Service. Virtzy does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
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.

THE VIRTZY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER DESTRUCTIVE CODE. THE VIRTZY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE VIRTZY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE VIRTZY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

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.

Indemnification
You agree to defend (at Virtzy’s request), indemnify and hold harmless the Virtzy Parties from and against any claims, liabilities, damages, losses, judgments, awards, costs and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Virtzy in the defense of any claim. Virtzy reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Virtzy.

Arbitration & Limitation on Time to File Claims
You agree that all disputes between you and Virtzy including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity (whether or not such dispute involves a third party) will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Virtzy hereby expressly waive trial by jury. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND Virtzy ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You agree that any claim you may have arising out of or related to these Terms of Use or your relationship with Virtzy must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law
All matters relating to these Terms of Use or the Services are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Virtzy’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Virtzy reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Virtzy.

Miscellaneous
These Terms of Use constitute the entire agreement between you and Virtzy and governs your use of the Service, superseding any prior agreements between you and Virtzy. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Virtzy. Any purported assignment or delegation by you without the appropriate prior written consent of Virtzy will be null and void. Virtzy may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

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
If you have any questions or concerns about these Terms of Use, please contact info@virtzy.com and we will do our best to address them.

PRIVACY POLICY

INTRODUCTION
Virtzy, Inc. (“Virtzy”, “we” or “us”) provides this Privacy Policy to inform you of (i) the types of information we may collect or that you may provide when accessing or using the Virtzy website (virtzy.com) and mobile application (including any other features, content or applications made available from time to time by Virtzy) (together, the “Service”) and (ii) your choices about the collection and use of your information. We may revise and change this Privacy Policy from time to time. We will notify you of any material changes by posting the new Privacy Policy on the website and mobile application. You are advised to consult this Privacy Policy regularly for any changes as all changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

This Privacy Policy applies to all visitors, users, and others who access the Service (“Users”). If you do not agree with our policies and practices, please do not access or use the Services. This Privacy Policy only governs information collected on the Service. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services.

USER ACKNOWLEDGEMENT
By visiting, accessing or using the Services, you acknowledge that:

You have read and accept the practices and policies described in this Privacy Policy.
You have read and agree to be bound by our Terms of Use.
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 support@virtzy.com and we will do our best to verify and terminate the account.)
By using the Service, you understand and agree that we are providing a platform for you to post content, including photos, comments and other materials (“User Content”), to the Service and to share User Content publicly. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of this Privacy Policy and our Terms of Use (which can be found at here).

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).
Invite Friends: In order to find friends who have registered for Virtzy, if you choose, you can use our “Invite Friends” feature to locate other people with Virtzy accounts either through (i) your contacts list, (ii) third-party social media sites or (iii) through a search of names and usernames on Virtzy. If you choose to find your contacts through (i) your device’s contacts list, then Virtzy will access your contacts list to determine whether or not someone associated with your contact is using Virtzy. If you choose to find your contacts through a (ii) third-party social media site, then you will be prompted to set up a link to the third-party service and you understand that any information that such service may provide to us will be governed by this Privacy Policy. If you choose to find your contacts (iii) through a search of names or usernames on Virtzy then simply type a name to search and we will perform a search on our Service.
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.
Cookies and Similar Technologies: When you download, register or use the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use Virtzy and provide features to you. We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or a third-party.
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:
https://www.google.com/intl/en/policies/privacy

HOW WE USE YOUR INFORMATION
In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

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
We will not rent or sell your information to third parties outside Virtzy without your consent, except as noted in this Privacy Policy.

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.
Notices when we make material changes to our Privacy Policy or Terms of Service.
Personal messages related to the Service, your use of the Service or our Terms of Service.
Change Of Control: If we sell or otherwise transfer part or the whole of Virtzy or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

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.
Per our Terms of Use, you are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Virtzy, at all times.
The Service contains links to third party websites and mobile applications. We are not responsible for the functionality, privacy, or security measures of any other organization. This Privacy Policy only governs information collected on the Service. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services.
YOUR CHOICES ABOUT YOUR INFORMATION
We will not use or share your information for any purpose other than those described in this document without your explicit consent. Even when using your information for the purposes described in this Privacy Policy, we strive to give you control in the following ways. If you do not wish to have your Personal Information used or shared as described in this Privacy Policy, please discontinue use of the Service or do not provide such 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.
Disable your account by following the instructions in our Terms of Use. As explained in our Terms of Use, you may not be able to remove all of your Public Information, such as dishes you added that others have bookmarked, but by disabling your account, you can disassociate that information from your Personal Information.
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
If you have any questions or concerns about this Privacy Policy, please contact info@virtzy.com and we will do our best to address them.

All rights reserved, Virtzy, Inc. 2017.