Terms and Conditions
Agreement Between User and Virtuix Inc.
Welcome to virtuix.com. The virtuix.com website (the “Site”) is comprised of various web pages operated by Virtuix Inc. (“Virtuix” or “We”). Virtuix.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (these “Terms”). Your use of virtuix.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference. If you do not want to agree to these Terms, you must not access or use the Site.
Virtuix.com is an E-commerce Site. The website is used to sell virtual reality and related experiential products, and provide information about them.
Visiting virtuix.com or sending emails to Virtuix constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Virtuix does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use virtuix.com only with permission of a parent or guardian. Any products ordered or submitted for order at the Site must be made only by persons who are at least 18 years of age.
Links to Third Party Sites/Third Party Services
Virtuix.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Virtuix and Virtuix is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Virtuix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Virtuix of the site or any association with its operators.
Certain services made available via virtuix.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the virtuix.com domain, you hereby acknowledge and consent that Virtuix may share such information and data with any third party with whom Virtuix has a contractual relationship to provide the requested product, service or functionality on behalf of virtuix.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use virtuix.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Virtuix that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which 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.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Virtuix or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Virtuix content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Virtuix and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Virtuix or our licensors except as expressly authorized by these Terms.
We are pleased to hear from our users and welcome your comments regarding the Site and the products and services offered in connection therewith. That said, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We employ a talented staff and consultants who may be working on the same or similar ideas. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or consultants might seem to others to be similar to their own creative ideas, suggestions, or work. While we do value your feedback on the Site and the services and products offered in connection therewith, we request that you be specific in your comments with respect to the same, but do not submit any creative ideas, suggestions, or materials (unless specifically requested by us). If, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information via email, via our user forums, or via any other means of communication (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our intellectual property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing intellectual property rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
The Virtuix name, the terms Virtuix, Virtuix Omni and TRAVR, the Virtuix logo and all related names, logos, product and service names, designs and slogans are trademarks of Virtuix. You must not use such marks without the prior written permission of Virtuix. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
The owner of the Site is based in the State of Texas in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from a location outside the United States, you do so on your own initiative and are responsible for compliance with all local laws. You agree that you will not use the Virtuix Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
User Contributions To Our Services
PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR TRANSMITTING ANY CONTENT TO THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SUBMIT YOUR CONTRIBUTION TO THIS SITE.
We may now or in the future enable users to transmit and/or submit (submit) contributions (including without limitation any text, photographs, graphics, video or audio material) to our services (User Contributions).
Whenever you make use of a feature that allows you to submit User Contributions or to make contact with other users of our services, you must comply with the content standards set out in the Code of Conduct. You promise that any User Contribution complies with the Code of Conduct and you will fully reimburse us for any costs, including consequential damages, arising from breach of your promise.
CODE OF CONDUCT
The following rules are not meant to be exhaustive, and we reserve the right to determine which conduct is outside the spirit of these Terms and to take such disciplinary measures as we see fit. Your use of our services is solely a privilege carried out at our discretion:
- You will not advertise or sell any products, services or otherwise (whether or not for profit), solicit others (including, without limitation, solicitations for contributions or donations) or use our website or services for commercial purposes or fundraising of any kind.
- You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage this website, impair our service or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the our website.
III. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
- You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
- You will not submit, post, upload, distribute or otherwise make available or transmit any illegal content, or make statements that do not generally pertain to the designated topic or theme of the forum.
- You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity in connection with the service and/or our website.
VII. You will not communicate or post any user’s personal information in or on the website, service or forums related to Virtuix.
VIII. You will not post any content or language which, in the sole and absolute discretion of Virtuix, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable.
REMOVAL OF MATERIALS
We are entitled at our option, but are not obliged to (a) actively review User Contributions to our services; and/or (b) remove any User Contributions submitted to our services by you or any other user if, in our opinion, such User Contributions do not comply with these Terms.
We reserve the right in our sole discretion at any time without liability and with or without prior notice (a) not to post any User Contribution on our services; (b) to remove or suspend or disable access to any User Contributions; (c) to revoke your registration (where applicable) and right to access and/or use our services or submit any User Contributions; and (d) to use any technological, legal, operational or other means available to enforce these Terms, including without limitation blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
If you are a rights-owner (or an agent acting for a rights-owner) and believe that any content (including any User Contribution) appearing on our services infringes your rights and you wish us to remove it or suspend or disable access to it, please send us notice by email with the subject line “Removal request” via the Contact Us page of this website.
Reliance On information On Our Services
Information published via our services is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any materials are accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on our services.
You acknowledge that when using our services you may be exposed to materials from a variety of sources and that we are not responsible for the content, truth, accuracy, usefulness or safety of such materials.
We may change the content of our services at any time. We may suspend access to our services, or close them indefinitely at any time and at our sole discretion. The materials may be out of date at any given time and we are under no obligation to update them.
Linking To Our Services
Any links to our services must be made in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any way that suggests any form of association, representation, approval or endorsement on our part where none exists.
You agree to indemnify, defend and hold harmless Virtuix, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any User Contributions made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Virtuix reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Virtuix in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIRTUIX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
You understand that Virtuix cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. VIRTUIX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
VIRTUIX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIRTUIX AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRTUIX AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA OR LOST REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIRTUIX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Virtuix reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Virtuix as a result of these Terms or use of the Site. Virtuix’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Virtuix’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Virtuix with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Virtuix with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Virtuix with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Changes to Terms
Virtuix reserves the right, in its sole discretion, to change these Terms under which virtuix.com is offered. The most current version of these Terms will supersede all previous versions. Virtuix encourages you to periodically review these Terms to stay informed of our updates.
Acknowledgement of Terms
By using the Site you acknowledge that you have read these Terms and agree to be bound by them without reservation.
Virtuix welcomes your questions or comments regarding these Terms:
Email Address: firstname.lastname@example.org
Effective as of March 16, 2015