Welcome to Virtual365, a social livestreaming platform designed for fans, by fans. These Terms of Service ("Terms") constitute a legally binding agreement between you and Virtual365, Inc. ("Virtual365," "we," "our," or "us") governing your access to and use of our website, mobile application, and related services (collectively, the "Platform").
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.
2. ELIGIBILITY
You must be at least 13 years of age to use the Platform. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Platform and that they have read and agreed to these Terms on your behalf.
3. ACCOUNT REGISTRATION
3.1 Account Creation
To access certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.3 Account Termination
We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
4. USER CONTENT
4.1 Content Ownership
You retain ownership rights in the content you create and post on the Platform ("User Content"). By posting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Platform and our business.
4.2 Content Restrictions
You agree not to post User Content that:
Violates any applicable law or regulation
Infringes upon the rights of any third party
Is harmful, abusive, defamatory, obscene, or otherwise objectionable
Contains malicious code, viruses, or programs
Promotes illegal activities or commercial solicitation
Impersonates any person or entity
4.3 Content Monitoring
We do not actively monitor User Content but reserve the right to review and remove any User Content that violates these Terms. We are not responsible for any User Content posted by users of the Platform.
5. PLATFORM RULES AND CONDUCT
5.1 General Rules
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:
Use the Platform in any way that violates any applicable law or regulation
Harass, abuse, or harm another person
Impersonate or misrepresent your identity
Interfere with or disrupt the Platform or servers or networks connected to the Platform
Attempt to gain unauthorized access to any portion of the Platform
Use any robot, spider, or other automated device to access the Platform
5.2 Livestreaming Rules
When using the livestreaming features, you agree to:
Comply with all applicable laws regarding content and broadcasting
Respect the intellectual property rights of others
Not stream content that is sexually explicit, violent, or otherwise inappropriate
Not stream content that you do not have the right to stream
5.3 Community Guidelines
We maintain Community Guidelines that govern user conduct on the Platform. These guidelines are incorporated by reference into these Terms, and you agree to comply with them.
6. MONETIZATION AND PAYMENTS
6.1 Payment Processing
We use third-party payment processors to process payments made through the Platform. By making a payment, you agree to comply with the terms and conditions of these third-party payment processors.
6.2 Fees and Charges
We may charge fees for certain features or services. All fees are non-refundable unless otherwise specified or required by law. We reserve the right to change our fees at any time.
6.3 Creator Monetization
If you are a content creator using our monetization features:
You must comply with our Creator Monetization Policy
We may withhold taxes or other amounts as required by law
We reserve the right to withhold payment if we suspect fraudulent activity
Payment schedules and thresholds are subject to change
6.4 Virtual Currency and Goods
The Platform may include virtual currency or goods that can be purchased with real money or earned through activities on the Platform. Virtual currency and goods:
Have no real-world value
Are non-refundable and non-transferable
May be modified or eliminated at any time
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Platform Content
The Platform and its original content, features, and functionality are owned by Virtual365 and are protected by copyright, trademark, and other intellectual property laws.
7.2 Trademarks
The Virtual365 name and logo are trademarks of Virtual365, Inc. You may not use these marks without our prior written consent.
7.3 Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
A physical or electronic signature of the copyright owner or authorized agent
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing
Contact information for the complaining party
A statement of good faith belief that the use is not authorized
A statement that the information is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner
Send this information to: copyright@virtual365.com
8. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIRTUAL365, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Virtual365, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
11.2 Dispute Resolution
Any dispute arising from or relating to these Terms or the Platform shall be resolved through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association. The arbitration shall be conducted on an individual basis and not as a class action.
11.3 Exceptions
Nothing in this section prevents us from seeking injunctive or other equitable relief in any court of competent jurisdiction.
12. CHANGES TO TERMS
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.
13. TERMINATION
We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Platform will immediately cease.
14. GENERAL PROVISIONS
14.1 Entire Agreement
These Terms constitute the entire agreement between you and Virtual365 regarding the Platform and supersede all prior agreements and understandings.
14.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
14.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
14.4 Assignment
You may not assign or transfer these Terms without our prior written consent, but we may assign or transfer these Terms without restriction.
15. CONTACT US
If you have any questions about these Terms, please contact us at:
Email: legal@virtual365.com Address: Virtual365, Inc., 123 Tech Street, San Francisco, CA 94105, USA Phone: (800) 555-0123