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Terms & Conditions
Access to the Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. The Website is distinct from Virtualness’s Platform Services, and the terms for the use of Virtualness’s Platform Services will be available separately.
Virtualness reserves the right to change the terms, conditions, and notices under which the Website is offered.
Links to Third Party Sites
The Website may contain links to other websites (“Linked Sites”) operated by Virtualness or third parties. Any Linked Sites operated by third parties are not under the control of Virtualness, and Virtualness is not responsible for the contents of any such Linked Site, including without limitation any link contained in a Linked Site. Virtualness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Virtualness of the Linked Site or any association with its operators. Your use of any Linked Site operated by Virtualness is subject to the terms and conditions provided by Virtualness for such Linked Site.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Virtualness that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
The Website and all content made available in the Website (“Virtualness Content”) are the property of Virtualness. You may use the Virtualness Content on the Website solely for your personal, noncommercial use. You are not permitted to reproduce Virtualness Content in any online website or distribution method (e.g., online fora, mailing lists or newsgroups) if for any reason (including any third party technical or legal restrictions) you do not provide a link back to the specific URL of the Virtualness Content. For the avoidance of doubt, this license shall not include any right to attempt to reproduce material portions of the Website, regardless of the means used. All other uses require written permission from Virtualness. All rights not expressly granted herein are reserved.
Virtualness may use copyrighted material which has not always been specifically authorized by the copyright owner. The Organization is making such material available for criticism, comment, news reporting, teaching, scholarship, or research. Virtualness believes this constitutes a “fair use” of any such copyrighted material as provided for in section 107 of the United States Copyright law. If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.
The website may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or Virtualness. Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. Virtualness is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
Materials Provided to Virtualness or Posted at the Website
Virtualness appreciates hearing from our users and welcomes your comments regarding our services and the Website. Please be advised, however, that Virtualness does not as a matter of policy solicit or desire to receive any creative ideas, suggestions, inventions or materials other than those we have specifically requested. While Virtualness does value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials to us. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively, “Submissions”), you grant Virtualness a world-wide perpetual, irrevocable, sublicensable (to any number of tiers) nonexclusive right and license to exploit your Submissions in any way Virtualness sees fit, including, without limitation, the rights to incorporate your Submission in any Virtualness product or service or base a product or service on your Submission, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions, and to publish your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submissions. Virtualness is under no obligation to use any Submissions you may provide. No part of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL VIRTUALNESS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIRTUALNESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND VIRTUALNESS CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE WEBSITE AND ANY VIRTUALNESS CONTENT IS ENTIRELY AT YOUR OWN RISK.
Virtualness and/or its suppliers may make improvements and/or changes to the Website at any time. Virtualness reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice.
To the maximum extent permitted by law, these terms and conditions are governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Santa Clara County, California, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Virtualness as a result of these terms and conditions or use of the Virtualness Website. There are no third party beneficiaries to these terms and conditions.
Nothing contained in these terms and conditions is in derogation of Virtualness’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Virtualness with respect to such use.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these terms and conditions shall continue in effect.
Unless otherwise specified herein, these terms and conditions constitute the entire agreement between the user and Virtualness with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Virtualness with respect to the Website. No amendment to these terms and conditions shall be binding on Virtualness unless it is in a published version of these terms and conditions or in a writing signed by an officer of Virtualness. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these terms and conditions and all related documents be drawn up in English.
Information we collect
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.
How we use your information
We use the information we collect in various ways, including to:
- Provide, operate, and maintain our website
- Improve, personalize, and expand our website
- Understand and analyze how you use our website
- Develop new products, services, features, and functionality
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
- Send you emails
- Find and prevent fraud
Virtualness follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and it is a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
Cookies and web beacons
Third party privacy policies
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.
CCPA privacy rights (do not sell my personal information)
Under the CCPA, among other rights, California consumers have the right to:
Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
Request that a business delete any personal data about the consumer that a business has collected.
Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
GDPR data protection rights
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
Virtualness does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.