Terms of Use – Virtuality

Virtuality App by Mirable Inc.

Terms

Terms of Use
Last Update: March 04, 2021
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE.

1. WHAT SERVICES DO THESE TERMS COVER? These terms of use (“Terms”) cover the following products and services (“Service”) however accessed and/or used, which are operated by or otherwise made available by Mirable Inc. or its affiliates (“Mirable Inc.” or “we”, “us”, or “our”):
(i) www.mirablemarketing.com;
(ii) www.virtualeaster.ca;
(iii) All apps published by Mirable Inc., whether for tablets, smart TVs, video game consoles, social media platforms, mobile devices or other platforms (collectively “Apps”), unless otherwise indicated in the app;
(v) All email newsletters published or distributed by Mirable Inc.; and
(vi) All other interactive features, services, and communications provided by Mirable Inc.

2. THIS IS AN AGREEMENT BETWEEN YOU AND MIRABLE INC. By accessing, downloading, or using the Service, you acknowledge that you have read, understood and agreed to these Terms and any code of conduct that we may put forth from time to time. Where you are permitting a minor to use the Service, you are also agreeing that the minor will adhere to the Terms. Mirable Inc.’s Privacy Notice as may be amended from time to time without prior notice (www.virtualeaster.ca/terms-and-policy) (the “Privacy Notice”), explains Mirable Inc.’s policy regarding the collection, use, transmission and disclosure of your personal information as provided by or collected from, you. By agreeing to be bound by these Terms, you are also representing and warranting that you have read and understood our collection, use, transmission and disclosure of your personal information or data as described in the Privacy Notice. You should review the Privacy Notice before using the Service.
If you do not agree to these Terms, you may not access or use the Service. We may update and modify the Terms from time to time without prior notice. Your continued use of the Service means that you have accepted and agreed to those modifications.

3. INTELLECTUAL PROPERTY, SERVICE CONTENT, AND USER SUBMISSIONS. Unless otherwise noted and with the exception of paid advertising or branding in the App, all content of any nature on the Service including, without limitation, articles, artwork, screen shots, graphics, logos, downloads and other files, is the property of Mirable Inc. or its affiliates and is protected by Canadian and international copyrights, trademarks and other intellectual property laws. Subject to any limitations under applicable law, you acknowledge and accept that you have no proprietary or other rights in and to any content on the Service, including but not limited to content that you may have created or developed.
All communications, solicited feedback, and other materials submitted by a user to the Service in any format whatsoever are non-confidential and non-proprietary. You waive your rights in and to any material submitted by you to the Service including, subject to any limitations under applicable law, your right to claim that the use of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. Additionally, you grant us and any successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy and display such submitted information and material in any and all media now known or hereinafter devised or developed, and you represent that you have all necessary rights in the material so submitted. You acknowledge that you will not receive from us any consideration or compensation of any nature or in any form, for any materials or information submitted by you in any manner.

Opinions, advice and all other information expressed by any third parties on the Service represent their own views and not those of Mirable Inc. We neither endorse nor suggest that you rely on such opinions, advice or other information, and you hereby indemnify and hold harmless each of Mirable Inc., its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates for from any loss, injury, claim, liability or damage of any kind including, without limitation, any direct, indirect, special, incidental, punitive or consequential damages (including attorney’s fees and business interruption losses) (collectively “Claims and Consequences”) resulting from any decisions made based on such information, the whole in accordance with Section 10 below.

4. USER RIGHTS AND RESTRICTIONS. These Terms grant permission to you, in your individual capacity, to use the content of Service made available to you for personal, non-commercial, home use. You may not:
(i) Change or remove any copyright and other proprietary notices from content on the Service;
(ii) Modify, or create derivative works based on, the content on the Service;
(iii) Use, or facilitate the use of, any unauthorized third-party software (e.g. bots, mods, hacks, and scripts) to modify or automate operation within the Service whether for yourself or for a third party.
(iv) Use the content of the Service in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among users, (c) that disparages or discredits Mirable Inc. or its apps or services, (d) that is otherwise exploitative for any commercial purpose; or (e) that otherwise infringes our intellectual property rights;
(v) Download content to a database for any reason;
(vi) Decompose, disassemble, reverse engineer or copy any part of any Service;
(vii) Develop functionally similar products or services to any Service;
(viii) Use any Service for the benefit of any third party or transfer access to the Services to any third party whether by sharing log-in information or otherwise;
(ix) Use the Service or content for commercial purposes, including, but not limited to: (a) selling access to all or part of the Service; or (b) placing advertising, sponsorships, or promotions on or within the Service or content;
(x) Avoid, circumvent, or disable any security or digital rights management protocols or mechanism in any Service;
(xi) Infiltrate any system used to operate the Service;
(xii) Take any action to cause, or exploit, known or latent malfunctions, bugs or other defects in the Service or in any system used to operate the Service; or
(xiii) Attempt to circumvent any restriction in any Service based upon age, geography, or other restriction imposed by us.
Furthermore, you will comply with all applicable laws and legal obligations, including those pertaining to such areas as: copyright, trademark and other intellectual property laws, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. Violations of applicable laws may give rise to civil and/or criminal prosecution and penalties.
You acknowledge and agree that you are solely responsible for maintaining the confidentiality of any account, login ID and password you use in connection with the Service. You agree that Mirable Inc. will not be responsible for, and hold Mirable Inc. harmless from, any Claims or Consequences arising out of any unauthorized use of Mirable Inc.’s apps and services by you or by others who had access to the Services as a result of or arising from, your non-compliance (whether by act or omission) with the provisions hereof, the whole in accordance with Section 10 below.
Notwithstanding anything to the contrary included in these Terms, we may at any time, with or without notice, suspend or terminate your access to some or all of the Service and refuse any and all current or future use of the Service.

5. CONDUCT AND COMMUNITY STANDARDS. You are prohibited from posting or transmitting any material to the Service that could: (i) interfere with anyone else’s use of the Service; (ii) be considered abusive, illegal, indecent, obscene, offensive, or threatening in any way; (iii) encourage anyone to break the law; (iv) violate the intellectual property rights of a third party; (v) interfere with the privacy of any other user; (vi) contain a virus or any other harmful component; or (vii) contain false or misleading statements of fact or descriptions of the origin of the material or of the communication.

Although we may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Service, we are under no obligation to do so, and assume no liability or responsibility for any Claims or Consequences arising from the contents of any such communications. We may change, edit, or remove any user material or conversations that we deem illegal, indecent, obscene, offensive, or otherwise violative of our policies in any way. We will cooperate with applicable law enforcement authorities or with court orders requesting or directing us to disclose the identity of anyone posting such materials.
Parents are fully responsible for supervising the use of the Services by their minor children.

6. CONTESTS; SWEEPSTAKES. This Service may refer to contests, sweepstakes or similar events that offer prizes or which require you to provide personal material or information. Each such contest, sweepstake or other such event has its own rules, all of which must be read and agree to by you prior to entry or registration for the relevant contest, sweepstake or other event.

7. THIRD-PARTY PRODUCTS AND SERVICES. The Service may contain links to third party websites, services and platforms that are not owned or controlled by us. We are not responsible for content on a site operated by a third party. We are not responsible for maintaining any materials from another site, and make no warranties for that site or for this Service in such context. To the extent that certain features in the Service require you to register information to a third party account, we are not responsible for any failure of such third-party hardware, software, or services, including any damage to game data or game points, etc. If you follow links from the Services to other websites or platforms, you will be subject to the terms and conditions, and any other privacy or security policies, of those websites.

8. UPDATES AND CHANGES TO THE SERVICE. We may, from time to time, issue patches or updates for portions of the Service which must be installed to continue using those portions of the Service. You consent to receive and install those patches and updates in order to continue using the Service. You accept that all or portions of the Service may experience server issues that make it temporarily unavailable, and that we may in our sole discretion and without notice terminate all or any part of the Service. You accept that you will have no recourse of any kind against us for any Claims and Consequences as a result, even if our actions in this regard cause you to lose a match, to lose Virtual Content, or to have no further access to all or part of the Service.

9. DISCLAIMER. THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING THE SERVICE, YOUR ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH ITS USE, AND THAT NEITHER MIRABLE INC. NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES WILL BE LIABLE FOR ANY CLAIMS OR CONSEQUENCES RELATED TO YOUR USE OF THIS SERVICE.

SUBJECT ONLY TO APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO MIRABLE INC.’S NEGLIGENCE, WILL MIRABLE INC. OR ANY OF ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES BE LIABLE FOR ANY CLAIMS OR CONSEQUENCES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN, THE CONTENTS AND FUNCTIONS OF THIS SERVICE, EVEN IF MIRABLE INC., AN AFFILIATE OF MIRABLE INC. OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS MIRABLE INC. FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, IN NO EVENT WILL THE TOTAL LIABILITY OF MIRABLE INC. AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES TO YOU FOR ALL CLAIMS AND CONSEQUENCES (WHETHER IN CONTRACT OR IN TORT) EXCEED $100.00.

YOU UNDERSTAND THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS LISTED ABOVE ARE A CONDITION OF US MAKING THE SERVICE AVAILABLE TO YOU. WITHOUT THEM, WE WOULD NOT AND COULD NOT MAKE THE SERVICES AVAILABLE. You accept that if we discover that you have violated any portion of these Terms, we may take any step we deem appropriate including but not limited to terminating your PTC Account and access to the Services. You acknowledge that if that happens, you will not receive any reimbursement or other compensation for any items that may be associated with your account at the time of termination.

10. INDEMNIFICATION. You are solely responsible for your use of the Service and for your personal safety and that of others when using the Services. Accordingly, by using the Services, you assume all risks and dangers and responsibility for, and agree to indemnify, defend, and hold Mirable Inc. and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in the defense of any claim. Mirable Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Mirable Inc.

11. GENERAL PROVISIONS. These Terms, the Privacy Notices, and any additional terms posted on this Service together constitute the entire agreement between Mirable Inc. and you with respect to your use of this Service. Any cause of action you may have related to your use of this Service must be commenced within 1 year after the claim or cause of action arises. If a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of this agreement, and the remainder of these Terms will continue in full force and effect. These Terms of Use are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to its choice of law provisions. Any claim or dispute against us with respect to these Terms of Use, your use of the Services or otherwise shall be brought exclusively in the Courts of the Province of Ontario, and you hereby consent to the exercise of personal jurisdiction by and to venue in such courts. YOU AGREE TO WAIVE TRIAL BY JURY IN ANY SUCH ACTION.

12. SITE SECURITY. There is always risk involved in transmitting information over the internet. Additionally, there also is some risk our security systems, or the security systems of third parties with whom we work, could be circumvented or breached. Your use of the Services is at your own risk.

13. SURVIVAL. Each term and provision of these Terms that would by its very nature or terms survive any termination or expiration of your use of the Services shall survive any termination or expiration of such use, regardless of the cause thereof.