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Terms
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TERMS OF SERVICE
Please read the following important Terms of Service
Agreement (the "Agreement")
before accessing or using any of the various services (the "Services")
made available to you (the "Member") by Virtual Pursuit through http://www.VirtualPursuit.com ("Virtual
Pursuit"). Virtual Pursuit is available ONLY TO USERS 18 YEARS OF
AGE AND OLDER. By completing the registration process for the Virtual
Pursuit website, you represent that you are 18 years of age or older,
and can and will be legally bound by this Agreement. If you
are a minor, your parent or guardian must read and accept the terms of
this Agreement before you register . No Member may participate
where doing so would be prohibited by any applicable law or regulation.
Modifications
Virtual Pursuit reserves the right to modify or amend this
Agreement at any time, for any reason, or for no reason at all, at Virtual
Pursuit's sole discretion. The most recent version of this Agreement
will be posted on the Virtual Pursuit website. Although Virtual Pursuit
will provide notice of material changes to this Agreement on the Virtual
Pursuit website, as a Member it is your sole responsibility to keep yourself
apprised of any such modifications or amendments. Should Member object
to any terms and conditions of the Agreement or any subsequent modifications
thereto or become dissatisfied with Virtual Pursuit in any way, Member's
only recourse is to immediately: (1) discontinue use of Virtual Pursuit;
(2) terminate Virtual Pursuit registration; and (3) notify Virtual Pursuit
of termination.
Description of Services
As Member, you will be provided with a variety
of services, as described on the Virtual Pursuit website, including the
ability to participate in games as either a contestant, advisor, and/or
audience member. Virtual Pursuit reserves the right to enhance, modify,
or discontinue the Services, in whole or in part, at any time, for any
reason, or for no reason at all, at Virtual Pursuit's sole discretion,
with or without notice to Members, and with no obligation to Members.
Member Conduct
Use of the Services by you, as Member, is subject to all
applicable local, state, national and international laws and regulations.
Virtual Pursuit reserves the right, but does not assume any obligation,
to monitor the Services to enforce this Agreement. Nor does Virtual Pursuit
guarantee that any monitoring it does perform will be to the Member's
satisfaction. Upon learning of any violation of this Agreement, Virtual
Pursuit, at its sole discretion, may terminate your access to and use
of the Services, require you to remedy such violation, and/or take any
other actions that Virtual Pursuit deems appropriate to enforce its rights
and pursue all available remedies. Without limitation, Virtual Pursuit
reserves the right to terminate your access to and use of the Services
if, in our view, your conduct is not satisfactory.
All judgments concerning the applicability
of these guidelines shall be at the sole and exclusive discretion of
Virtual Pursuit. Virtual Pursuit will remove the offending material and
alert the member against repeating the offense. If another direct violation
of our Terms of Agreement is committed, a member's account will be fully
terminated. A member is not necessarily offered a warning. An account
may be terminated at any time, without notice, depending on the severity
of the offense.
Privacy
Virtual Pursuit has established a Privacy
Policy to explain to Members how their information is collected
and used, which Member can read by clicking <http://www.virtualpursuit.com/index.php?main_page=privacy> .
Member's use of the Virtual Pursuit website or the Services signifies
acknowledgment of and agreement to Virtual Pursuit's Privacy Policy.
Members further acknowledge and agree that Virtual Pursuit may disclose
Member's personal information if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to comply with legal process, enforce this Agreement, or
to protect the rights, property, or personal safety of Virtual Pursuit,
its employees, users and third parties, and the public, or as otherwise
described in the Privacy Policy.
Notice Regarding Commercial E-Mail
MEMBERS CONSENT TO RECEIVE COMMERCIAL
E-MAIL MESSAGES FROM VIRTUAL PURSUIT, AND ACKNOWLEDGE AND AGREE THAT
THEIR EMAIL ADDRESS MAY BE TRANSFERRED TO THIRD PARTIES FOR THE PURPOSE
OF INITIATING COMMERCIAL E-MAIL MESSAGES.
Member
Account & Password
Once Member registers for Virtual Pursuit,
Member will have a password and an account with Virtual Pursuit. Member
is responsible for maintaining the confidentiality of Member's password
and account. Furthermore, Member is entirely responsible for any and
all activities that occur under Member's account. Member agrees to immediately
notify Virtual Pursuit of any unauthorized use of Member's account or
any other breach of security known to Member.
Copyrights, Trademarks, Patents, and Intellectual Property Rights
Member
acknowledges that messages, files or other materials ("Content")
contained on the Virtual Pursuit website and within Virtual Pursuit email
messages, and third party advertisements on the website and distributed
via email, of a commercial nature and presented to Member by Virtual
Pursuit and the Services, are protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Member is permitted
to use Virtual Pursuit Content or third party Content only as expressly
authorized by Virtual Pursuit or the third party advertiser. Member may
not copy, reproduce, distribute, or create derivative works from the
Virtual Pursuit Content or third party Content without expressly being
authorized to do so by Virtual Pursuit or the third party advertiser.
Member may make a copy of the Virtual Pursuit Content or third party
Content for Member's personal, noncommercial use only, provided that
Member keeps all copyright or other proprietary notices intact. Although
Virtual Pursuit does not claim ownership of content that its Member's
may provide to Virtual Pursuit, by providing content to Virtual Pursuit,
Members automatically grant, and represent and warrant that they have
the right to grant, to Virtual Pursuit a worldwide, irrevocable, perpetual,
non-exclusive, and fully sublicenseable, license to use, copy, perform,
display, and distribute said content.
Virtual Pursuit respects copyright
law and expects Members to do the same. Illegal or unauthorized copying,
distribution, modification, public display, or public performance of
copyrighted works is an infringement of the copyright holders' rights.
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify Virtual Pursuit's Agent for Notice
of claims of copyright or other intellectual property infringement ("Agent"),
at:
Virtual Pursuit Copyright Agent
2815 NW 13 th Street
Suite 201
Gainesville , FL 32609
copyrightagent@virtualpursuit.com
Please
provide our Agent with the following Notice:
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Identify the copyrighted work or other intellectual
property that you claim has been infringed; |
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Identify the material on Virtual Pursuit that you claim is infringing,
with enough detail so that we may locate it on the website; |
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A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; |
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A statement by you declaring under penalty of perjury that (a)
the above information in your Notice is accurate, and (b) that you
are the owner of the copyright interest involved or that you are
authorized to act on behalf of that owner; |
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Your address, telephone number, and email address; and |
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Your physical or electronic signature. |
Virtual Pursuit's
Agent will forward this information to the alleged infringer. It is Virtual
Pursuit's policy to terminate the accounts of repeat infringers
Disputes
Any controversy or claim arising out of or relating to this
Agreement, Virtual Pursuit, or the provision of the Services shall be
settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Alachua County , Florida , and
judgment on the arbitration award may be entered in any court having
jurisdiction thereof. Either you or Virtual Pursuit may seek any interim
or preliminary relief from a court of competent jurisdiction in Alachua
County, Florida necessary to protect the rights or property of you or
Virtual Pursuit (or its agents, suppliers, and subcontractors) pending
the completion of arbitration. If there is a dispute between participants
on this site, or any third party, Virtual Pursuit is under no obligation
to become involved. In the event that Member has a dispute with one or
more members, Member hereby releases Virtual Pursuit, their officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way related to such disputes and / or our service.
Termination
Either party may terminate use of the Virtual Pursuit website
or the Services with or without cause at any time and effective immediately
upon written notice to the other party. Virtual Pursuit may terminate
with or without cause at any time and effective immediately, at Virtual
Pursuit's sole discretion, including but not limited to Member's failure
to conform with these terms and conditions of the Agreement. Virtual
Pursuit shall not be liable to Member or any third party for termination
of use of Virtual Pursuit or the Services. Member's right to use Virtual
Pursuit or the Services shall cease immediately. Member shall have no
right and Virtual Pursuit will have no obligation thereafter to forward
any unread or unsent messages to Member or any third party. Sections
G-N shall survive termination of the Agreement.
Disclaimers of Warranties
MEMBER AGREES THAT USE OF THE VIRTUAL PURSUIT
WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE VIRTUAL
PURSUIT WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO
THE FULLEST EXTENT PERMITTED BY LAW, VIRTUAL PURSUIT DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE VIRTUAL PURSUIT WEBSITE AND THE SERVICES. TO THE
FULLEST EXTENT PERMITTED BY LAW, VIRTUAL PURSUIT DISCLAIMS ANY WARRANTIES
FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE VIRTUAL
PURSUIT WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE VIRTUAL
PURSUIT WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRTUAL PURSUIT
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE VIRTUAL PURSUIT WEBSITE OR THE SERVICES. Some jurisdictions
do not allow the disclaimer of implied warranties. In such jurisdictions,
the foregoing disclaimers may not apply to you insofar as they relate
to implied warranties.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL VIRTUAL PURSUIT
BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE VIRTUAL PURSUIT
WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF THE VIRTUAL PURSUIT WEBSITE OR THE SERVICES, FROM INABILITY TO USE
THE VIRTUAL PURSUIT WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE VIRTUAL PURSUIT WEBSITE
OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE VIRTUAL PURSUIT WEBSITE OR THE SERVICES
OR ANY LINKS ON THE VIRTUAL PURSUIT WEBSITE, AS WELL AS BY REASON OF
ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE VIRTUAL PURSUIT WEBSITE OR THE SERVICES OR ANY LINKS ON THE
VIRTUAL PURSUIT WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability
are not permitted. In such jurisdictions, the foregoing limitation may
not apply to you.
Indemnification
Member agrees to indemnify and hold Virtual Pursuit,
its subsidiaries, affiliates, successors, assigns, directors, officers,
agents, employees, service providers, and suppliers harmless from any
dispute which may arise from a breach of terms of this Agreement. Member
agrees to hold Virtual Pursuit harmless from any claims and expenses,
including reasonable attorney's fees and court costs, related to Member's
violation of this Agreement.
Governing Law
This Agreement and the relationship between Member and
Virtual Pursuit shall be governed by the laws of the State of Florida
without regard to its conflict of law provisions. If any provision of
the Agreement 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 Agreement remain in full force and effect.
Member agrees that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of Virtual
Pursuit, the Services or the Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever barred. Virtual
Pursuit makes no representation that materials on this web site are appropriate
or available for use in other locations, and accessing them from territories
where its contents are illegal is prohibited. Those who choose to access
this site from other locations do so on their own initiative and are
responsible for compliance with applicable laws.
Agreement
The Agreement constitutes the entire agreement between Member
and Virtual Pursuit and governs your use of Virtual Pursuit and the Services,
superseding any prior agreements between Member and Virtual Pursuit.
You also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party software.
The failure of Virtual Pursuit to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right or provision.
The section titles in the Agreement are for convenience only and have
no legal or contractual effect.
Contacting Virtual Pursuit
Users with questions about this Terms of Service
and any of the aforementioned statements may contact Virtual Pursuit
at support@virtualpursuit.com or
VirtualPursuit.com, 2815 NW 13th St. Suite 201, Gainesville, FL 32609.
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