Terms Of Service

Virsona.com is a  LifeArchiving service that allows Members to store memories and experience into a secure permanent LifeArchive. We then use our Virsona Engine to recreate virtual person – a Virsona – from the data in the LifeArchive. The services offered by Virsona.com ("Virsona.com" or "we") include the Virsona.com website (the "Virsona Website") and any other features, content, or applications offered from time to time by Virsona.com in connection with the Virsona Website (collectively, the "Virsona Services").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Virsona Services. By using the Virsona Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Virsona Website) or you are a "Member" (which means that you have registered with Virsona.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Virsona Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Virsona Website and discontinue use of the Virsona Services immediately. If you wish to become a Member and make use of the Virsona Services, you must read and agree to this Agreement.

This Agreement includes Virsona.com's policy for acceptable use of the Virsona Services and Content posted on the Virsona Website, your rights, obligations and restrictions regarding your use of the Virsona Services and Virsona.com's Privacy Policy.

Virsona.com may modify this Agreement from time to time and such modification shall be effective upon posting by Virsona.com on the Virsona Website. You agree to be bound to any changes to this Agreement when you use the Virsona Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Community Virsonas may not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Virsona.com Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Virsona.com assumes no responsibility or liability for this material. If you become aware of misuse of the Virsona Services by any person, please contact Virsona or click on the "Feedback" link.

Virsona.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Virsona Services at any time, for any or no reason, with or without prior notice, and without liability.  Virsona expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Virsona Services if Virsona determines, in its sole discretion, that you pose a threat to Virsona and/or its Users.

  1. Eligibility. Use of and Membership in the Virsona Services is void where prohibited. By using the Virsona Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Virsona Services does not violate any applicable law or regulation.

  2. Term. This Agreement shall remain in full force and effect while you use the Virsona Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Virsona.com may terminate your Membership at any time, without warning.

  3. Fees. You acknowledge that Virsona.com reserves the right to charge for the Virsona Services and to change its fees from time to time in its discretion. If Virsona.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Virsona.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

  5. Non-commercial Use by Members. The Virsona Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Virsona.com. Illegal and/or unauthorized use of the Virsona Services may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Virsona Services.

  6. Proprietary Rights in Content on Virsona.com.

  1. Virsona.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Virsona Services. After posting your Content to the Virsona Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Virsona Services, you hereby grant to Virsona.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Virsona Services.

  2. The license you grant to Virsona.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Virsona.com), fully-paid and royalty-free (meaning that Virsona.com is not required to pay you for the use on the Virsona Services of the Content that you post), sublicensable (so that Virsona.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Virsona Services), and worldwide (because the Internet and the Virsona Services are global in reach). This license will terminate at the time you remove your Content from the Virsona Services. The license does not grant Virsona.com the right to sell your Content, nor does the license grant Virsona.com the right to distribute your Content outside of the Virsona Services.

  3. You represent and warrant that: (i) you own the Content posted by you on or through the Virsona Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Virsona Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Virsona Services.

  4. The Virsona Services contain Content of Virsona.com ("Virsona.com Content"). Virsona.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Virsona.com owns and retains all rights in the Virsona.com Content and the Virsona Services. Virsona.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Virsona.com Content (excluding any software code) solely for your personal use in connection with viewing the Virsona Website and using the Virsona Services.

  5. The Virsona Services contain Content of Users and other Virsona.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Virsona Services.

  1. Content Posted.

  1. Virsona.com may delete any Content that in the sole judgment of Virsona.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Virsona.com assumes no responsibility for monitoring the Virsona Services for inappropriate Content or conduct. If at any time Virsona.com chooses, in its sole discretion, to monitor the Virsona Services, Virsona.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

  2. You are solely responsible for the Content that you post on or through any of the Virsona Services, and any material or information that you transmit to other Members and for your interactions with other Users. Virsona.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Virsona.com prior to posting and does not necessarily reflect the opinions or policies of Virsona.com. Virsona.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

  1. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal through the Community Virsona Services. Virsona.com reserves the right to investigate and take appropriate legal action against anyone who, in Virsona.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Virsona Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Virsona.com:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  2. harasses or advocates harassment of another person;

  3. exploits people in a sexual or violent manner;

  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

  5. solicits personal information from anyone under 18;

  6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

  7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

  9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

  10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

  11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

  12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

  13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

  14. includes a photograph of another person that you have posted without that person's consent; or

The following is a partial list of the kind of activity that is illegal or prohibited on the Virsona Website and through your use of the Virsona Services. Virsona.com reserves the right to investigate and take appropriate legal action against anyone who, in Virsona.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

  2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Virsona Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Virsona Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Virsona.com reserves the right to restrict the number of emails or 360s  which a Member may send to other Members in any 24-hour period to a number which Virsona.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Virsona Services, you acknowledge that you will have caused substantial harm to Virsona.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Virsona.com $50 for each such unsolicited email, 360 or other unsolicited communication you send through the Virsona Services;  

  3. interfering with, disrupting, or creating an undue burden on the Virsona Services or the networks or services connected to the Virsona Services;

  4. attempting to impersonate another Member or person;

  5. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

  6. selling or otherwise transferring your profile;

  7. using any information obtained from the Virsona Services in order to harass, abuse, or harm another person;

  8. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Virsona Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or

  9. using the Virsona Services in a manner inconsistent with any and all applicable laws and regulations.

  1. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Virsona.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Virsona.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Virsona Services in a way that constitutes copyright infringement, please contact us at support@virsonainc.com.

  2. Member Disputes. You are solely responsible for your interactions with other Virsona.com Members. Virsona.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

  3. Privacy. Use of the Virsona Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

  4. Disclaimers. Virsona.com is not responsible for any incorrect or inaccurate Content posted on the Virsona Website or in connection with the Virsona Services, whether caused by Users of the Virsona Services or by any of the equipment or programming associated with or utilized in the Virsona Services. Profiles created and posted by Members on the Virsona Website may contain links to other websites. Virsona.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Virsona.com. Inclusion of any linked website on the Virsona Services does not imply approval or endorsement of the linked website by Virsona.com. When you access these third-party sites, you do so at your own risk. Virsona.com takes no responsibility for third party advertisements which are posted on this Virsona Website or through the Virsona Services, nor does it take any responsibility for the goods or services provided by its advertisers. Virsona.com is not responsible for the conduct, whether online or offline, of any User of the Virsona Services. Virsona.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Virsona.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Virsona Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Virsona Services. Under no circumstances shall Virsona.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Virsona Services, attendance at a Virsona.com event, from any Content posted on or through the Virsona Services, or from the conduct of any Users of the Virsona Services, whether online or offline. The Virsona Services are provided "AS-IS" and as available and Virsona.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Virsona.com cannot guarantee and does not promise any specific results from use of the Virsona Services.

  5. Limitation on Liability. IN NO EVENT SHALL VIRSONA.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF VIRSONA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VIRSONA.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VIRSONA.COM FOR THE VIRSONA SERVICES DURING THE TERM OF MEMBERSHIP.

  6. U.S. Export Controls. Software available in connection with the Virsona Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Virsona Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

  7. Disputes. If there is any dispute about or involving the Virsona Services, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Florida, City of Ft. Lauderdale. Either Virsona.com or you may demand that any dispute between Virsona.com and you about or involving the Virsona Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) provided that the foregoing shall not prevent Virsona.com from seeking injunctive relief in a court of competent jurisdiction.

  8. Indemnity. You agree to indemnify and hold Virsona.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Virsona Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Virsona Website or through the Virsona Services causes Virsona.com to be liable to another.

  9. Other. This Agreement is accepted upon your use of the Virsona Website or any of the Virsona Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Virsona.com regarding the use of the Virsona Services. The failure of Virsona.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Virsona.com is a trademark of Virsona, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at support@virsona.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
 

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