Last Updated: Jan 20th, 2025
1 Introduction
NetVirta, Inc. (“NetVirta,” “We,” or “us”) does business and operates through the Verifyt® mobile application (the “App”), the Verifyt® web plugin (the “Plugin”), the Verifyt website at www.verifyt.com and the NetVirta website at www.netvirta.com (the “Websites”). These Terms of Use (“Terms”) set forth a legally binding agreement between you and us and govern your use of any website, mobile application, or online service location that posts a link to these Terms and all features, content, and other services that we own, control, and make available to you that mention or identify these Terms (collectively, with the Website, App, and Plugin, the “Service”). These Terms govern your access to and use of the Service, including interactions with other websites operated by the brands and retailers that use the NetVirta Plugin (our “Partners”).
By visiting the Websites or using the Service in any way, including by browsing the Websites, you are agreeing to be bound by these Terms and all applicable laws and regulations, and you acknowledge our collection, use, and disclosure of your information as described in our Privacy Policy. If you do not agree with any of these Terms, you are prohibited from using or accessing the Service.
WITHOUT LIMITING ANYTHING HEREIN, YOUR AGREEMENT TO THESE TERMS MEANS YOU ACKNOWLEEDGE AND AGREE TO THE TERMS RELATED TO CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF NETVIRTA’S WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, WAIVER OF A JURY TRIAL, AND A CHOICE OF DELAWARE LAW (EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN).
In some instances, both these Terms and separate terms and conditions will apply to your use of the Service (“Additional Terms”). This may include promotions, sweepstakes/contents, or loyalty and rewards programs. We will notify you to the extent Additional Terms will apply to your use of the Service. If there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
We reserve the right to change these Terms from time to time for any reason, which shall become effective by posting the updated Terms here. Your continued use of the Service after we post any changes to these Terms constitutes your agreement to those changes from the date of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
2 Agreement to Arbitrate Disputes; Choice of Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO THE FOLLOWING BINDING ARBITRATION TERMS (the “Agreement to Arbitrate Disputes”)
2.1 We both Agree to Arbitrate
You and NetVirta agree to resolve any claims or disputes relating to these Terms, the Service, the Content (as defined below), or our Privacy Policy (each, a “Dispute”) through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate NetVirta’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), NetVirta may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), without first engaging in arbitration or the information dispute resolution process described above.
You are entitled to opt out of the arbitration provisions of the Agreement to Arbitrate Disputes. You may do so by emailing verifyt-support@netvirta.com within thirty (30) days of your first visit to or use of the Service, with the subject line “Arbitration Opt Out." If you opt out of the arbitration provisions, you may bring claims against NetVirta in a court of law on an individual (non-class) basis as set forth in the below “Choice of Law/Forum Selection” section.
2.2 What is Arbitration?
Arbitration seeks to resolve disputes in a more cost effective and efficient manner than trying a lawsuit in court. Instead of a judge or jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. However, the foregoing severability clause will not apply if the unenforceable provision would require arbitration to proceed on a class, collective, or representative basis, in which case the entire Agreement to Arbitrate Disputes shall be severed.
2.3 Arbitration Procedures
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, the Content, or our Privacy Policy shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“Arbitration Rules”) in front of one arbitrator.
If you or NetVirta files a demand for arbitration that is one of seventy five (75) or more similar demands for arbitration filed against the other party by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”). The Mass Arbitration Procedures can be found at http://www.jamsadr.com/mass-arbitration-procedures .
You and NetVirta agree that, in the event of a Mass Arbitration, any issues arising under or relating to the: (1) interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (2) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 2.3 or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.
The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com/rules-streamlined-arbitration/ or 1-800-352-5267. To initiate arbitration, you or NetVirta must:
1. Write a demand for arbitration. The demand must include a description of the claim, and the amount of damages sought to be recovered. You can find a copy of the demand for arbitration at http://www.jamsadr.com/submit/ .
2. Send three copies of the demand for arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA, 94111.
3. Send one copy of the demand for arbitration to the other party.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules. If travelling to Delaware is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden, and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in Delaware under Delaware law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
2.4 Authority of the Arbitrator
The arbitrator will decide the rights and liabilities, if any, of you and NetVirta, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief of an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and NetVirta.
2.5 No Class Actions
YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
2.6 Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and NetVirta in any state or federal court in suit to vacate or enforce an arbitration award or otherwise, YOU AND NETVIRTA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
2.7 Waiver of Injunctive or Other Equitable Relief
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEB SITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY NETVIRTA OR A LICENSOR OF NETVIRTA
2.8 Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Delaware excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a federal or state court of competent jurisdiction located in Delaware
You agree to submit to the personal jurisdiction of the courts of the State of Delaware for any cause of action arising out of these Terms. You agree to file any cause of action with respect to these Terms within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
3 Using NetVirta Services
3.1 Site Content
The Service contains, among other things, materials and other data relating to NetVirta and its Services, and similar items from our Partners and Third-Party Services (as defined below), including (1) the “look and feel” of the Service, the compilation, assembly, and arrangement of the materials of the Service, any and all copyrightable material, including but not limited to all layout, information, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, (2) logos, trade names, trade dress, service marks, and trade identities of various parties, including those of NetVirta, (3) other forms of intellectual property (all of the foregoing, collectively, “Content”).
All right, title, and interest in and to the Service and the Content is the property of NetVirta or our affiliates or certain other third-party licensors, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or intellectual property and unfair competition rights and laws to the fullest extent permitted. You may not display, reproduce, or otherwise use, transfer, sell, or create derivative works from the Content without receiving express written consent from NetVirta. If you would like to request authorization to use our Content, please contact us at verifyt-support@netvirta.com.
3.2 Limited License
The Service is offered only for personal, non-commercial use, and not for the benefit or use of any third-party. Subject to your ongoing and strict compliance with these Terms and any applicable Additional Terms, NetVirta grants you a limited, revocable, non-exclusive, non-assignable, personal and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you. You may use the Service solely in object code format.
The foregoing license allows you to use and enjoy our Service under these Terms. Your license does not provide you with any ownership or other intellectual property interests in any Content. Your license may be suspended or terminated for any reason, in NetVirta’s sole discretion, and without advance notice or liability. Unauthorized use of the Content may result in personal liability, including potential criminal liability.
3.3 Your Account and Security
Certain features of the Service may require you to create an account with NetVirta. You must complete the specified registration process by providing true, accurate, complete, and current information as requested. It is your responsibility to maintain and update the information in your account to keep it true, accurate, current and complete. Any loss caused by your failure to maintain the accuracy of your registration data is your responsibility.
It is entirely your responsibility to maintain the confidentiality of your password and account. You are solely responsible for all activities that occur under your account, whether or not you authorized the activity. You agree to notify NetVirta immediately of any unauthorized use of your account. You further agree to protect and prevent unauthorized access to your account, not transfer or share your account with any third party, and immediately notify us of any suspected or actual unauthorized use of your account or breach of security. We are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
Your use of the Service and/or your decision to register an account constitutes acceptance of these Terms and your acknowledgment of our Privacy Policy.
3.4 Code of Conduct
Our Services and Content are to be enjoyed by users over the age of 18. If you are between 18 and 13 years of age, you may use the Service only with the involvement, consent, and active supervision of a parent or legal guardian. No one under the age of 13 is permitted to use or access the Service or Content.
You agree that while using and accessing the Service and Content, you will comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, treaties, regulations, directives, and agreements that apply to your use of the Service and Content.
Without limiting the foregoing, you agree that you will not:
· Engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to NetVirta;
· Post any unsolicited advertisements, promotional materials, junk email, bulk email, chain letters, surveys, contents, or solicit participation in a pyramid scheme on the Service;
· Interfere or attempt to interfere with the proper operation of, or any security measure used by, the Service or Content, including by imposing an unreasonably large load on our (or our service providers’) infrastructure or bypassing measures in place to restrict access to the Service;
· Exceed the scope of your limited license, including by using the Service or Content outside of the explicitly granted permitted uses;
· Infringe any intellectual property or other right of any third party, including, without limitation, trademarks, patents, copyrights, rights to privacy or publicity, and laws governing trade secrets;
· Share links to, or deliver, any content containing defamatory, false, or libelous material;
· Develop, support, or use software, robots, Devices, scripts, or any other processes (such as crawlers, browser add-ons, and other technologies) to scrape this Service or otherwise copy, imitate, reproduce, download, or “crawl” Content from the Service without NetVirta’s explicit written consent;
· Reverse engineer or modify the Service or Content;
· Deliver any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; or
· Otherwise violate any of these Terms.
3.5 Your Access
NetVirta reserves the right, in its sole discretion, to terminate, suspend, or modify your license to use the Services and/or Content, or any portion thereof, at any time for any reason without advance notice or liability. You agree that NetVirta will not be liable to you or any third party for any suspension or termination of your access to the Service. All rights granted to you under these Terms will cease immediately upon suspension or termination of access to your account; you agree to immediately discontinue use of the Service and Content. In the event of termination, your obligations and warranties under these Terms will survive.
3.6 Reservation of Rights
All rights not expressly granted to you herein are reserved by NetVirta, its affiliates, and other third parties and licensors. NetVirta reserves the right to charge a fee for access to or use of the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Service for any purpose is prohibited.
NetVirta reserves the right to review, monitor, delete, or edit User Content in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Content in whole or in part, with or without notice.
4 Your Privacy
NetVirta has developed a Privacy Policy to inform you of our practices with respect to the collection, use, disclosure, and protection of personal information. You can find the Privacy Policy here. Please review it to know more about how We collect and use your information.
5 Communications
The Service may offer features that are available to you via your wireless Device including the ability to access the Service’s features (collectively, “Wireless Features”). By using the Service, you agree that NetVirta may collect information related to your use of the Wireless Features as described in our Privacy Policy, and may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service. Data rates and other carrier fees may apply.
You can opt in to receive text (SMS) messages from NetVirta, some of which may be considered marketing, and may be sent via autodial. The relevant information and terms of your consent to receive automated marketing text messages will be provided to you at the time we seek your consent, which you may give or withhold in your discretion. If you choose to sign up for text messages, you represent and warrant that you are the owner or authorized user of the Device you use to subscribe for the mobile service and that you are authorized to approve the applicable charges. You are responsible for all message and data rights that may apply. Carriers are not liable for delayed or undelivered messages. If you change your phone number, you must promptly provide and verify your new phone number.
You can opt out of receiving text messages from us at any time by responding STOP to any text message we send you. You can opt out of receiving promotional emails from us any time by following the instructions in the email or sending us an email at verifyt-support@netvirta.com, with the word UNSUBSCRIBE in the subject field of the email.
Feel free to check out our Privacy Policy for more information.
6 Disclaimer of Representations and Warranties
ALL CONTENT, INCLUDING SOFTWARE, INFORMATION, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICE, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE.” AND “WITH ALL FAULTS” BASIS.
NEITHER NETVIRTA NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “NETVIRTA PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE MATERIALS, INFORMATION, OR CONTENT ON THE SERVICE. TO THE FULLLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NETVIRTA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM NETVIRTA’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
7 Limitation of Liabilities
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE NETVIRTA PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND ARISING FROM INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSSES OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, GOODWILL, OR BUSINESS ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE AND/OR THE CONTENT, (B) THESE TERMS, OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. IN NO EVENT SHALL NETVIRTA’S AGGREGATE LIABILITY ARISING HEREUNDER EXCEED THE GREATER OF: (i) ONE HUNDRED U.S. DOLLARS ($100.00) OR (ii) THE ACTUAL FEES PAID BY YOU TO ACCESS THE SERVICES OR CONTENT. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT NETVIRTA WAS ADVISED OF THE POSSIBILITY OF DAMAGES.
IN SOME JURISDICTIONS, THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES ARE NOT ALLOWED. DEPENDENT UPON YOUR JURISDICTION, THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND WE DO NOT EXCLUDE OUR LIABILITY WHERE PROHIBITED BY LAW, SUCH AS FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NETVIRTA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8 Indemnification
You agree to defend, indemnify, and hold harmless the NetVirta Parties from and against any and all claims, actions, liabilities, damages, demands, losses, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs arising out of or in connection with any of the following: your breach or alleged breach of any provision of these Terms, your misuse of the Service, any misrepresentation made by you or contained in your User Content, your use of a third party service, your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right, your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities.
You agree to cooperate fully with NetVirta in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms. NetVirta reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You will not in any event settle any claim without the prior written consent of NetVirta.
This provision does not require you to indemnify us for any unconscionable commercial practices by us, or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
Third Party Services
NetVirta’s Service may contain content from, hyperlinks to, or technical integrations with websites, platforms, locations, applications, and services owned by others (“Third-Party Services”), such as social media sites. We make no claims or representations regarding Third-Party Services and associated content. Third-Party Services are not controlled, owned, monitored, or operated by us. We may provide links to third-party sites or resources; such links are not an endorsement, sponsorship, or recommendation of the Third-Party Service, or any of its content. You acknowledge and agree that we make no representations regarding, and are not responsible or liable for the reliability, accuracy, completeness, or availability of information, products, technologies, or services on or from such Third-Party Services, or for the results obtained from using them. We are not responsible, directly or indirectly, for any losses or damages incurred from your use of, reliance on, or any other connection between you and Third-Party Services. Your decision to access and interact with Third-Party Services on the internet is at your own risk; reviewing the Third-Party Services’ Terms of Use and Privacy Policy is advisable.
9 Advertisements
NetVirta may display advertising for the goods and services of a Partner or other third party on the Service, including in connection with co-promotions and other partnership arrangements. NetVirta does not endorse nor represent and is not responsible for the safety, quality, integrity, reliability, or legality of any such goods or services advertised, promoted, or displayed on the Service.
10 User Content
You may be able to upload, submit, transmit, or post public communications to NetVirta through the Service or Third-Party Services (“User Content”). While all of your ownership and license rights to the User Content will remain with you, you will also grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your User Content, for any purpose whatsoever (including for advertising and marketing purposes), in all formats, on or through any means or medium now known or hereafter developed, with any technology or Devices now known or hereafter developed, and to advertise, market, and promote the same, without payment to you. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your User Content, in accordance with our Privacy Policy.
You agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.
You understand and agree that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your User Content is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your User Content. You also acknowledge that NetVirta, through our own workforce or our licensors, independently generates and creates materials and content, and such materials and content may bear a resemblance to the User Content. Any such resemblance is coincidental and does not preclude or limit our rights in and to any such materials or content we create.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this section, and that any User Content you provide will not violate, misappropriate, or infringe any rights of any third party. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your User Content and remain responsible for them. User Content may be used by us and our Service Providers for any purpose discussed herein and in conjunction with any purpose stated in our Privacy Policy. You agree that when you provide us with User Content by posting on our Service or providing feedback, you grant NetVirta an irrevocable, perpetual, non-exclusive, transferable, sublicensable, worldwide, fully paid, and royalty-free license that will survive termination of your Account. You agree that We can use the User Content for any purpose, including but not limited to, researching, developing, manufacturing, and marketing our Service.
11 Copyright Policy; DMCA Takedown Procedures
NetVirta respects the intellectual property rights of third parties and complies with the terms of the Digital Millenium Copyright Act (17 USC §512) (“DMCA”) regarding such rights. We may remove material we believe is infringing upon another’s copyright. We may terminate access to the Service based on repeated infringements. Copyright holders may contact our Designated Agent in writing if they believe materials accessible from or on the Service infringe their copyright.
The written DMCA notice must include substantially the following:
· Your physical or electronic signature
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material on the Service
· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address)
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law
· A statement that the information in the written notice is accurate
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
You can send your DMCA Notices to: 53 State Street, Suite 500 Boston MA, 02109 or verifyt-support@netvirta.com
Note that knowingly materially misrepresenting that material or activity on the Service infringes your copyright may subject you to damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
12 General Provisions
12.1 Customer Support
If you have any questions, comments, or requests, please send us an email at verifyt-support@netvirta.com. You acknowledge that the provision of support is at NetVirta’s sole discretion and that we are under no obligation to provide you with customer support of any kind. When you communicate with us electronically, you consent to receive communications from us electronically in relation to your communications.
12.2 International Use
You hereby represent and warrant that you will not export or re-export the Service to any county, or to any person, entity, or end-user subject to U.S. export controls and sanctions, including but not limited to: countries against which the United States has embargoed goods, anyone on the U.S. Government list of prohibited or restricted parties, including but not limited to: Treasury Department’s list of Specially Designated Nationals and Blocked Persons and the Commerce Department’s Table of Deny Orders. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service.
12.3 Investigations; Cooperation with Law Enforcement
NetVirta reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. NetVirta may disclose information as necessary to satisfy any law, regulation, legal process, or governmental request.
12.4 Entire Agreement; Severability; Assignment; Waiver; Survival
Unless expressly provided otherwise, these Terms-and other applicable Additional Terms-reflect the entire, complete agreement between you and NetVirta with respect to the use of the Services. These Terms supersede any prior agreements, warranties, assurances, representations, or discussion related to the Service.
If any provision of these Terms, or any applicable Additional Terms, is for any reason held invalid, void, unenforceable, or unlawful, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or Additional Terms.
Section headings, provision summaries, and paragraph titles are for convenience only and do not affect their interpretation. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter.
You cannot assign, transfer, delegate, or sublicense these Terms without first obtaining written Consent from an officer of NetVirta. NetVirta may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without notice.
The failure or delay of either party to insist upon strict performance of any provision of these Terms shall not be construed as a waiver of any provision, power, remedy, or right. No waiver or modification of any of these Terms shall be effective unless in writing and signed by an authorized representative of the party against whom the waiver or modification is sought to be enforced.
The provisions of these Terms and any applicable Additional Terms will survive termination of your use of the Service include: using NetVirta Services (except for the limited license), Site Content, User Content, Third Party Services, Communications, Agreement to Arbitrate disputes and Choice of Law, Disclaimer of Representations and Warranties, Copyright Policy, Limitations of Liabilities, Indemnification, Changes to these Terms, and General Provisions.
13 Notice for California Users
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
14 Notice Regarding Apple
To the extent that you are using the App on an iOS Device, you further acknowledge and agree to the terms of this Section. You acknowledge that these Terms are between you and NetVirta only, not with Apple Inc. (“Apple”), and that Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you, and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Services and/or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
15 Contact Us
If you have any questions or comments about these Terms, please email us at verifyt-support@netvirta.com. All legal notices to us must be mailed to 53 State Street, Suite 500 Boston MA, 02109. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.