Terms of Service

Welcome to Virtuality. This website is owned and operated by Virtuality a privately held company. By using our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this Terms of Service (hereafter referred to as ‘User Agreement’ or ‘TOS’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of October 17, 2017.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Service

You must be over the age of 18 years and have the legal right to access The Service to register an account or connect to The Service. You agree to provide full, accurate, and truthful information upon registration and maintain this information as up-to-date using the account information tool found on the website. You acknowledge and agree that Virtuality may conduct investigation into the accuracy of this information using lawful means when necessary. User accounts found to be fraudulent, out of date, or incompletely may be subject to termination.


You agree to use an account name that is non-infringing, non-offensive, and may not impersonate or misrepresent your affiliation with any person or organization within or outside of The Service. Your account name may not misrepresent yourself as an agent of Virtuality or its subsidies. Only accounts listed on the "Our Team" page are representatives of Virtuality and may serve in an authoritative capacity.


Virtuality has the right to change, limit access to, and/or eliminate any aspect, feature, or functionality of The Service, including user content as it sees fit at any time and without notice. You acknowledge that your use of the Service is subject to this risk and that you knowingly assume it and make your decision to participate in the Service. The Service is subject to scheduled and unscheduled interruptions. System upgrades and updates will be applied when needed. Virtuality reserves the right to interrupt services with or without user notification. When practical, all efforts will be made to notify the user base beforehand. You acknowledge that Virtuality will not be liable for any loss or damage due to service interruption, and you agree that you will not be entitled to any claim caused by service interruption. Likewise, you agree that in the event of data loss, Virtuality is under no obligation to reproduce, recover, transfer, extract, or recreate any data from its servers as it is the sole owner of all data stored. Make backups.


Land rental is pursuant to agreements and payment scheduled between you and Virtuality outlined on the website.

Content

You understand that Virtuality is a service provider and as such is not responsible for content, conduct, or services of users or third parties. Virtuality does not endorse or promote the content of communications or interactions between users. You acknowledge that you will be exposed to unmonitored aspects of The Service and Virtuality does not control and may not be held responsible for the quality, safety, legality, or accuracy of any user conduct, Content, or user services. You acknowledge that Virtuality does not guarantee the accuracy of information transmitted by any user of The Service, nor any identity information about any user. Your interactions with other users and your use of Content are entirely at your own risk. Exercise common sense and your best judgement with others in all of your online activities.

You agree and acknowledge that Virtuality has the right but not the obligation to resolve any dispute between users of The Service. Virtuality does not exercise control over the content inside The Service or the behaviors or business practices of its user base. As such, Virtuality does not certify nor endorse the operation of any inworld games, vending machines, retail locations, businesses, operations, exchanges, users, objects, of any kind and will not be held liable for loss or damages that occur arising there from; Refunds must be requested from the operators of business themselves.

Virtuality offers the ability to display, publish, distribute, transmit, broadcast, and otherwise make available content through the Service. Each time you submit any content, you represent and warrant that you are the sole author and owner of the content or you have a lawful right to that content and have license to display and distribute the content in electronic format. When you submit content to Virtuality, you retain full license to your work. You agree that you will only submit content for which you are the sole owner or have a lawful right to publish and distribute electronically.

Exporting content from the grid is prohibited unless expressly allowed by the license holder.  This includes both hard copy export and hypergrid transfer.

Responsible Use and Conduct

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, stalking, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  • Is a depiction of sex with a minor (age play), regardless if the participants are legally adult or not;
  • Is the use of weapons or HUD’s, scripted or otherwise, other than on damage enabled parcels designated as combat areas and then only against avatars that are actual participants in the combat;
  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  • Impersonates any person or entity, including any Virtuality employees or representatives.
  • It is forbidden for any user to use any script or device within Virtuality or any other means, such as using a third party website, to find the IP address of another member. Further, should such information be known it is forbidden for any member to disclose the information to any other member. Also forbidden is the use of the information for the purpose of banning any member using that IP address from any land using a script or any other means, and/or tracking someone via any tracking and tracing methods.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

You agree to indemnify and hold harmless Virtuality and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

In order to bill you for region services Virtuality stores your name, location, and billing information on secure servers as provided by you. Virtuality collects basic hardware information, location, and session cookies in order to analyze our service and better improve the Service for future use. All of this information is kept securely and is strictly confidential never sold or shared outside of our organization and never will be. Your privacy is paramount.

Region Ratings

Virtuality Regions are all rated either:

G for General Audiences which means specifically:

  • No nudity, or showing of private areas directly or through sheer or revealing clothing.
  • No swearing or use of foul language.
  • No depiction through any media or public discussion of sex of any kind any where.
  • No enactment of adult or mature situations.
  • Any other behavior that Virtuality deems unsuitable for a general audience.

M for Moderate Audiences which means specifically:

  • Nudity allowed except for nudity connected to sexual situations not taking place out of the public view.
  • No depiction of sex through any media except in a private residence and out of view of the general public.
  • No advertising of any sexual services of any kind in Public or Private or through the use of our Search services, Classifieds, or Website, that are offered on an M rated or A rated region.
  • No enactment of adult or mature situations.
  • Any other behavior that Virtuality deems unsuitable for only an adult rated region.

A for Adult Audiences Only which means specifically:

  • No restrictions other than those set by this TOS.

Note that a specific region rating does not give you the right to break any rules the region owner sets over and above this TOS. The rights of the region owner to make their own restrictions is paramount.

Termination

Accounts will not be deleted once activated. If you do not wish to have a Virtuality account, do not activate it. Region rentals may be cancelled but no refunds will be given to regions deactivated before the end of the billing period.


Virtuality may suspend or terminate your account if you violate this agreement along with any and all other accounts held by you or otherwise related to you as related to Virtuality by its sole discretion.  Upon termination, this agreement will cease between us and will be automatically terminated and you may not resubscribe or return to the Service through other or future accounts. You acknowledge that we may terminate accounts to protect the best interests of the Service and the community if you pose an unacceptable risk at large. At our discretion we may terminate your account if we have a good faith belief that such action is necessary or advisable to compel with legal requirements or to protect the rights and interests of Virtuality, its shareholders, the community, or any third party.

Disclaimers, Liability Limits and Indemnification

You agree not to hold Virtuality liable for the Content, actions, or inactions of other users. As a condition of access to the Service, you release Virtuality from claims, demands, losses, liabilities and damages, actual and incidental, of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not Virtuality becomes involved in any resolution or attempted resolution of the dispute. You agree and understand that Virtuality does not control and is not responsible for information you provide to parties other than Virtuality.

Severability

In the event a court of law finds one or several parts of this document contravenes the law, those and only those portions shall become null and void; the rest of the document will remain in effect.

Governing Law

This website is controlled by Virtuality. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of the United States and our companies state or residence, Pennsylvania, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the US federal or state court.  You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient objections to such courts.