These Terms of Service (these "Terms") constitute a binding agreement ("Agreement") between Viximo, Inc. ("Viximo") and each person who uses the Viximo Service ("Service"). The Service may be accessed via Viximo.com (referred to as the "Site"), other websites owned and operated by Viximo ("Other Viximo Sites"), or those portions of websites of third parties ("Publishers") that consist of the Viximo service. "You" or "Your" refers to the person or entity using the "Service". These Terms of Service do not apply to third-party websites that integrate the Service into their websites ("Publishers").
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SERVICE.
By using the Service, through a website owned and operated by Viximo or through a third-party Publisher, you agree to these Terms, including but not limited to the conducting of transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and choice of Massachusetts law and exclusive venue in Massachusetts. If you do not agree to these Terms, you do not have permission to use the Service. Viximo reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail. Revised Terms will become effective when such notification is provided by Viximo. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Service.
You may also be subject to additional terms and conditions of third parties when you use third-party content, services, or software accessed through or promoted on the Service.
1. ORDERING OBLIGATIONS
In consideration of your use of the Service, you agree to provide true, accurate and complete information about yourself as prompted by the ordering process. Viximo may deny you access to the Service or reject your order in the event that your information is untrue, inaccurate or incomplete.
2. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Service may, at Viximo's option, be conducted electronically. Viximo may keep records of any type of communication conducted via the Service. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
3. LIMITED NON-COMMERCIAL LICENSE TO USE SERVICE
Viximo hereby grants you the limited right to view and use the Service only for the purposes of using applications and playing games available through the Service ("Applications"), or for the purpose of purchasing interactive items available within Applications provided by the Service ("Virtual Goods"). Viximo reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Service as described in Section 20. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved by Viximo. Unless you have received specific written permission from Viximo, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content or Applications displayed on the Service or (b) alter or modify any content or Applications on the Service or Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Service, Applications, and/or Virtual Goods for any commercial purpose.
The Service may allow users to upload, post, and/or distribute user-submitted content for the purpose of personalizing or customizing Applications and Virtual Goods, and use of the Service for this purpose is subject to the following conditions:
- You represent and warrant that (a) all personally identifiable information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of Viximo does not violate any applicable law or regulation. Your information may be deleted and your usage may be terminated without warning if Viximo has reason to believe that you may be under 13 years of age.
- You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the Service are the sole responsibility of the person from whom the Materials originated. This means you, and not Viximo, are entirely responsible for the Materials you transmit through the Service. Further, you understand that by using the Service you may be exposed to Materials that are offensive, objectionable or indecent.
- You will not distribute through or otherwise publish through the Service any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; contain expressions of hatred, bigotry, racism or pornography; or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
- Your Materials will not disparage in any manner Viximo, Publishers, Advertisers, and Licensors, or their products or services and sites.
- You have all rights in your Materials necessary to transmit them and to grant to Viximo the right to use them as provided in these Terms. Your Materials will not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
- You will not upload to, distribute through or otherwise publish through the Service any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or Service. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online website or other organization is expressly prohibited.
- You will not upload to, distribute through or otherwise publish through the Service any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
4. SERVICE FEE; VIRTUAL GOOD PURCHASES
(a) All fees are stated in U.S. Dollars unless otherwise indicated. FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INTERRUPTION OR UNAVAILABILITY OF SERVICE. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT. You represent to Viximo that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Service.
(b) YOU UNDERSTAND AND AGREE THAT ANY ATTEMPT TO MAKE ANY CHARGE BACK OR OTHERWISE RECLAIM OR OBTAIN A REFUND OF OR A CREDIT AGAINST ANY FEES PAID WITHOUT FIRST HAVING OBTAINED VIXIMO'S PRIOR WRITTEN CONSENT TO SUCH REFUND WILL ENTITLE VIXIMO TO DEACTIVATE YOUR ACCOUNT UNLESS AND/OR UNTIL SUCH TIME AS THE FEES ARE REPAID OR A CREDIT OR REFUND IS AGREED WITH VIXIMO. DEACTIVATION WILL INCLUDE NOT ONLY THE CASH AND CREDIT BALANCE TO WHICH THE REFUND OR CREDIT WAS OBTAINED, BUT ALSO ALL ACCESS TO THE SERVICE. YOU FURTHER AGREE THAT THE PAID ASPECTS FORM PART OF THE SERVICE AND ARE DELIVERED 'UNSEALED' AUTOMATICALLY UPON RECEIPT OF THE FEES AND THEREFORE YOU HAVE NO CANCELLATION RIGHTS (SAVE FOR A WILFULL ERROR OR FAULT WITH THE PAID ASPECTS IF REPORTED IMMEDIATELY TO VIXIMO).
(c) Viximo reserves the right to alter the fees payable for the paid aspects of the Service or introduce alternative fee structures for the Service. If you do not agree to any such alteration, you should not use Applications or purchase Virtual Goods or related features and/or terminate your Account prior to the date on which the alteration takes effect.
(d) When a Virtual Good is ordered via the Service, you are acquiring a one-time license to use that Virtual Good within the Application via which it was purchased (a "Virtual Purchase"). The Virtual Purchase will remain in effect for a specified duration during which the Virtual Good will be displayed within the Application on the Service in a location or locations deemed appropriate by Viximo. The duration of a Virtual Purchase may vary for each Virtual Good and is indicated when that Virtual Good is ordered. If no duration is indicated, then the Virtual Purchase will expire after one (1) year from the date of purchase. Upon expiration, Viximo may or may not, at its sole discretion, remove any record or representation of the Virtual Purchase from the Service.
5. VIXIMO CURRENCY
VIXIMO "CURRENCY" IS A LIMITED LICENSE RIGHT AVAILABLE FOR PURCHASE OR FREE DISTRIBUTION AT VIXIMO'S DISCRETION, AND IS NOT REDEEMABLE FOR MONETARY VALUE FROM VIXIMO. You acknowledge that the Service presently includes a component of fictional currency known as "Credits", "Viximo Credits", or another name localized or customized for a particular Publisher or Application (hereafter, referred to as "Viximo Credits"). Viximo Credits constitute a limited license right to use a feature of our product when, as, and if allowed by Viximo. Viximo may charge fees for the right to use Viximo Credits, or may distribute Viximo Credits without charge, in its sole discretion. Regardless of terminology used, Viximo Credits represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Viximo at any time. You agree that Viximo has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that Viximo will have no liability to you based on its exercise of such right.
6. AGREEMENT TO PRICING AND BILLING
IN THE EVENT YOU CHOOSE TO USE PAID ASPECTS OF THE SERVICE, YOU AGREE TO THE POSTED PRICING AND BILLING POLICIES ON THE SITE. Certain aspects of the Service are provided for a fee or other charge. These fees and charges are described on the Site and within the Applications, and in the event you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges. Viximo may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.
7. NO REFUNDS FOR CANCELLATION OR TERMINATION
YOU MAY CANCEL YOUR ACCOUNT AT ANY TIME; HOWEVER, THERE ARE NO REFUNDS FOR CANCELLATION. Upon your election to cancel, your account will be cancelled within 2 business days. There will be no refunds for any unused credits (including without limitation Viximo Credits) or any prepaid fees for any portion of the Service.
- Viximo has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that Viximo suspends or terminates your Account or this Agreement, you understand and agree that you will receive no refund or exchange for any unused credits on the account (including without limitation Viximo Credits), any license or fees, any content or data associated with your Account, or for anything else.
- In the event an Account is suspended or terminated for your breach of this Agreement (in each case as determined in Viximo's sole discretion), Viximo may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your affiliates, and your breach will be deemed to apply to all such Accounts.
8. COPYRIGHTS AND TRADEMARKS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER VIXIMO, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SERVICE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU. Viximo will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Service as well as terminate access to the Service if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Service is prohibited, unless specifically authorized by Viximo. Accordingly no such content may be used on another website without express written permission from Viximo. If you believe any content contained in the Service infringes your intellectual property rights, you may request that it be removed by following the steps outlined in our Copyright Dispute Policy.
10. SUBMITTING MATERIALS AND FEEDBACK
Unless you enter into a separate written agreement with Viximo, Viximo does not claim ownership to Materials you submit; however, by submitting Materials in any form to Viximo, in addition to other provisions of the Terms, you automatically grant Viximo a royalty-free, world-wide, non-exclusive, perpetual, irrevocable, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Materials for the purpose of displaying and promoting the Materials on any website operated by, and in any related marketing materials produced by, Viximo and its affiliates and successors.
You agree to indemnify and hold Viximo, its, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Service, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
12. DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND VIXIMO, THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. VIXIMO HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SERVICE IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN ADDITION, VIXIMO DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SERVICE AND RELATED INFORMATION.
13. ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SERVICE AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. BY PARTICIPATING IN THE SERVICE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT VIXIMO WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER THROUGH THE SERVICE.
14. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER VIXIMO NOR ANY OF VIXIMO'S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF VIXIMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY VIXIMO OR ANY VIXIMO AGENTS WILL BE, AT VIXIMO'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE SERVICE OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON VIXIMO; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO VIXIMO. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of Viximo, Viximo's suppliers, and any third parties mentioned on the Service, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site, Service, or Applications is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Service for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold Viximo (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).
17. LINKS - ADVERTISERS AND PUBLISHERS
The Service may contain links to third party sites ("Advertisers") or may be provided via links from third-party sites and Publishers that are not under the control of Viximo. Viximo is not responsible for any content on any site linking to or linked from the Service. If you access a third party site from the Service, then you do so at your own risk. Viximo provides links only as a convenience and the inclusion of the link does not imply that Viximo endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers or Publishers linked to the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such Advertisers or Publishers. You agree that Viximo will not be responsible for any loss or damage of any sort relating to your dealings with such Advertisers or Publishers.
18. INTERNATIONAL USAGE
This Site is controlled and operated by Viximo from its offices within Massachusetts, United States of America. Viximo makes no representation that the Service or related information offered by Viximo are appropriate or available in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Service and related information are the exclusive property of Viximo or its suppliers. All rights not licensed herein are hereby reserved to Viximo or its suppliers.
20. TERMINATION OR CANCELLATION OF SERVICE ACCESS; MODIFICATIONS TO SERVICE
If you violate these Terms, Viximo may terminate or cancel your access rights to the Service immediately without notice. Viximo may also block your use of the Service or direct you to cease using it. Viximo reserves the right at any time to modify or discontinue the Service or any part thereof and you agree that Viximo will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, or any part thereof (including the refund of Viximo Credits), except at Viximo's discretion you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Service that you have paid for, provided the modification, suspension or discontinuance is not due to or in response to your wrongful acts or omissions.
21. EXCLUSIVE JURISDICTION
These Terms will be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Service will be litigated or otherwise heard in the appropriate forum in Suffolk County Massachusetts, USA. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Suffolk County Massachusetts, USA, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Massachusetts law.
22. ENTIRE AGREEMENT
These Terms, as amended, your registration forms, and the disclosures provided by Viximo and the consents provided by you, constitute the entire agreement between you and Viximo. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Viximo's failure to act with respect to a breach by you or others does not waive Viximo's right to act with respect to subsequent or similar breaches.
You agree that Viximo may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from Viximo to you as published through the Site or by email. Any use of the Service or order by you after such updating will be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Service or using or ordering Virtual Goods after that date. No other amendments will be valid unless they are in a paper writing signed by Viximo and by you.
Except as expressly stated otherwise, any notices required or allowed under these Terms will be given to Viximo by postal mail to: Viximo, Inc., 1 Camp Street, Suite 100, Cambridge, MA 02140, or as to a successor address that Viximo makes available on the Site or through other reasonable manner. If applicable law requires that Viximo accepts email notices (but not otherwise), then you may send Viximo email notice to firstname.lastname@example.org. With respect to Viximo's notices to you, Viximo may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, Viximo may give notice by sending email to the email address you provide during registration. Notice will be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.
Last Updated on September 16th, 2011.