Terms and Conditions
Please read these terms and conditions of use carefully before using Virtual Goods, Inc.
Agreeing to these terms constitutes a binding legal agreement. If you do not
agree to these terms of use, DO NOT set up a membership account with Virtual Goods, Inc.
THESE TERMS AND CONDITIONS ALSO APPLY TO THE USE OF A USER ACCOUNT THAT HAS ALREADY
BEEN SET UP. PLEASE READ THEM CAREFULLY. By using Virtual Goods, Inc, you signify your
agreement to these terms of use, which constitute a binding legal agreement.
If you do not agree to these terms of use, do not use Virtual Goods, Inc.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms on the Virtual Goods, Inc website periodically for changes. Your continued use of Virtual Goods, Inc following the posting of changes to these terms will mean you accept those changes.
Back to top.1. General
All software, documentation, and any content accessed through the software you are about to use on Virtual Goods, Inc (collectively, "The Software") are protected by British and international laws, including copyright laws and treaties. GameWeaver ltd, their affiliates and any subsidiary companies, and their licensors (collectively, "GameWeaver LTD.", "we", "us", or "our") own all right, title and interest to The Software.
2. Title Not Transferred
These terms do not transfer title to The Software to you. The rights granted herein are limited to certain of GameWeaver LTD. and its licensor’s rights and do not include any other patents or other intellectual property rights. GameWeaver LTD. and its licensors retain full and complete title to The Software and all intellectual property rights therein.
3. License and Restrictions
GameWeaver LTD. may configure The Software with certain tags that identify the version of The Software being used, which permit GameWeaver LTD. to update this version without further notice to you. GameWeaver LTD. shall have the right to poll your user account for the purpose of adding updated versions of The Software or to delete such versions automatically.
You may not (and you agree not to permit another person to): a) redistribute, sell or otherwise copy The Software; b) modify, translate or create derivative works based on The Software; c) attempt to decompile, reverse engineer, disassemble or otherwise reduce The Software to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; d) remove any identification, copyright or other proprietary notices; or e) create other software that incorporates The Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that The Software is not intended for use in connection with any high risk or strict liability activity and GameWeaver LTD. makes no warranty and shall have no liability in connection with the use of The Software in any such situations.
4. No Warranty
THE SOFTWARE (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GameWeaver LTD. DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE SOFTWARE OR ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Virtual Goods, Inc SITE OR THE OTHER SITES OF GameWeaver LTD. (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE SOFTWARE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE COMPUTER(S) ON WHICH THE SOFTWARE IS ACCESSED FROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GameWeaver LTD. OR Virtual Goods, Inc OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
5. Indemnification
You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
6. Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO GameWeaver LTD. FOR THE SOFTWARE, IF ANY, FOR ACCESSING THE SOFTWARE OR £50, WHICHEVER IS LESS.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Jurisdiction
We operate from British offices. We make no representation that The Software is appropriate or available for use in any particular location. Those who choose to use The Software do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. Termination
These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of The Software and the related services or any portion thereof at any time, without notice, which such termination may include an automatic closure of your user account by GameWeaver LTD. You may terminate these terms at any time by discontinuing use of The Software, and canceling your user account.
9. Export Law Assurances
You agree not to use or otherwise export or re-export The Software except as authorized by British law and the laws of the jurisdiction in which The Software was obtained. Without limited the foregoing, The Software may not be exported or re-exported (a) into (or to a national resident of) any British and U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the British or U.S. list of Specially Designated Nationals or the British. Department of Commerce Denied Person’s List or Entity List. By using The Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
10. Privacy Policy
Use of any information gathered during, or by, your use of The Software shall be governed by GameWeaver LTD’s privacy policy currently located at [Privacy policy]. By using The Software, you signify your agreement to GameWeaver LTD’s privacy policy. If you do not agree to the privacy policy, do not use The Software. We reserve the right, at our discretion, to change, modify, add, or remove portions of Virtual Goods, Inc ’s privacy policy at any time. Changes shall be posted on GameWeaver LTD’s website. Your continued use of this site following the posting of these changes to the privacy policy will mean you accept those changes.
11. Entire Agreement
These terms shall be governed by and construed in accordance with the laws of England , without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the province or courts located in Huntingdon, England, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
12. Support
Virtual Goods, Inc endeavoours to be a twenty-four hour company, but acknoledges the fact that it is not possible to work twenty-four hours a day, support calls are logged, and may not be responded to by upto 48 hours.
