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VIRTUAL IRIS STUDIOS, INC.
Web Site Terms And Conditions Of Use
The following terms and conditions of use (the “Terms and Conditions”) govern your use of the Irisize.com Web site (the “Site”). The Site is made available by Virtual Iris Studios, Inc. ("Virtual Iris" or “we”). BY USING THIS SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THIS SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Site. We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on this Site. By using this Site following any such modifications to the Terms and Conditions, you agree to be bound by the modified Terms and Conditions.
You may only use the Site if you are 18 years old or older.
- Services Available on the Site. Via the Site, we provide a service by which end-users may access and use Virtual Iris’s proprietary software to create rich media imagery viewable as a multi-functional interactive display. An “Irisized Image” is a rich media image created using the tools available on the Site and excludes any embedded software, code or technology or any embedded trademarks, including without limitation, our Virtual Iris Touchpad? embedded mark (the “Embedded Materials”). Subject to your payment of all applicable fees and your compliance with these Terms and Conditions, you may upload images, use our services and retain and own your Irisized Images. We retain all rights, title and interest in and to the Embedded Materials. You may publish, display and distribute your Irisized Image, provided that you may not publish, copy, display or distribute (except as part of the entire Irisized Image) or modify, alter or reverse engineer, any of Embedded Materials.
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
You agree to pay for your use of our services in accordance with the fees described on our Site for the services that you have selected. We reserve the right to refuse to provide our service to anyone.
- Proprietary Rights. As between you and Virtual Iris, Virtual Iris owns, solely and exclusively, all rights, title and interest in and to the Site, all the content, code, data and materials thereon (other than Irisized Images), the Embedded Materials, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials that you may access on the Site. You may not otherwise copy, reproduce, distribute, reverse engineer or otherwise exploit any content, code, data or materials made available by Virtual Iris on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Virtual Iris, irisize, Irisize.com, Irisite, Virtual Iris Toolbar, and Virtual Iris Touchpad are trade name(s), trademark(s) and service mark(s) owned by Virtual Iris. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos without our separate express written agreement. Third party marks are the property of their respective owners.
- User Submissions. In the course of your use of the Site, you may be asked to provide, or you may provide on your own inclination, information or materials to us (such information and/or materials referred to hereinafter as “User Submissions”). User Submissions include, for example, information and materials you submit to us via other on-line forms on the Site, by e-mail, or in any other manner via the Site. Our information collection and use policies with respect to the privacy of personal information (with the exception of testimonials, which may be used as set forth in Section 4, below) are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes. Please read our Privacy Policy before submitting any User Submissions. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Submissions. We cannot be responsible for maintaining any User Submissions that you provide to us, and we may delete or destroy any such User Submissions at any time. We reserve the right to refuse to post or to remove any User Submissions, in whole or in part, that, in our sole discretion, are unlawful, unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
- Testimonials. If you submit a testimonial to us about how the Site has worked for you, such testimonial will be deemed not to be confidential or secret, and may be used by us in any manner. By submitting or sending a testimonial to us, you: (i) represent and warrant that the testimonial is original to you, that no other party has any rights thereto, and that any "moral rights" in such testimonial have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such testimonial (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
- User Conduct. You warrant and agree that, while using the Site, you will not upload, post or transmit to or distribute or otherwise publish through the Site any materials or images that: (a) are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (c) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD VIRTUAL IRIS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING IN ANY WAY FROM YOUR MISUSE OF THE SITE OR OUR SERVICES, YOUR PLACEMENT OR TRANSMISSION OF ANY IMAGE, IRISIZED IMAGE, MESSAGE, CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIALS THROUGH THE SITE, OR YOUR BREACH OR VIOLATION OF THE LAW OR OF THESE TERMS AND CONDITIONS.
- Your Account and Password. We may enable you to establish an account on the Site with a user name and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password, including any charges incurred in connection with such activity. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Virtual Iris when you desire to cancel your account on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
- DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS ACCESSIBLE FROM THE SITE, IS PROVIDED "AS IS," “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER SUBMISSION. YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
- LIMITATION OF LIABILITY. IN NO EVENT WILL VIRTUAL IRIS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT OR IMAGE POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
- Links from and to the Site. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are 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 such content, goods or services available on such Linked Sites.
- Applicable Laws. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Miscellaneous. The Terms and Conditions and the relationship between you and us will be governed by the laws of the California, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions will be commenced and be heard exclusively in the appropriate court in the County of Los Angeles, California. You agree to submit to the personal and exclusive jurisdiction of such courts. Our failure to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
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