Introduction
Welcome to
MermaidVR. This software is owned and operated by MermaidVR Inc. By visiting our software and accessing the
information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to
the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement').
This agreement is in effect as of Aug 05, 2017.
We reserve the right to change this User Agreement from
time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement
periodically to familiarize yourself with any modifications. Your continued use of this site after such
modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By
visiting our software and accessing the information, resources, services, products, and tools we provide for you,
either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the
purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and
generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order
to access our Resources, you may be required to provide certain information about yourself (such as identification,
contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You
agree that any information you provide will always be accurate, correct, and up to date.
b. You are
responsible for maintaining the confidentiality of any login information associated with any account you use to
access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we
provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources
through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or
interferes with our Resources, including the servers and/or networks to which our Resources are located or
connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell
our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages
that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained
above, and may incur criminal or civil liability.
g. We may provide various open communication tools on
our software, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings
and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the
content posted by users of these various communication tools, which means that if you choose to use these tools to
submit any type of content to our software, then it is your personal responsibility to use these tools in a
responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned,
you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal,
threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or
contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent,
trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or
unsolicited advertising;
Iiii. Impersonates any person or entity, including any MermaidVR employees or
representatives.
We have the right at our sole discretion to remove any content that, we feel in our
judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive,
harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for
any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to
such removal, and consent to waive any claim against us.
h. We do not assume any liability for any
content posted by you or any other 3rd party users of our software. However, any content posted by you using any
open communication tools on our software, provided that it doesn't violate or infringe on any 3rd party copyrights
or trademarks, becomes the property of MermaidVR, and as such, gives us a perpetual, irrevocable, worldwide,
royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute
as we see fit. This only refers and applies to content posted via open communication tools as described, and does
not refer to information that is provided as part of the registration process, necessary in order to use our
Resources.
i. You agree to indemnify and hold harmless MermaidVR and its parent company and affiliates,
and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User
Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person
using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled
to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is
reasonably requested by us.
Limitation of Warranties
By
using our software, you understand and agree that all Resources we provide are "as is" and "as available". This
means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or
requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii)
the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the
operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore,
you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our
Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your
computer or other devices for any loss of data that may result from the download of such content.
vi) no
information or advice, whether expressed, implied, oral or written, obtained by you from MermaidVR or through any
Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly
outlined in this User Agreement.
Copyrights/Trademarks
All
content and materials available on MermaidVR, including but not limited to text, graphics, software name, code,
images and logos are the intellectual property of MermaidVR, and are protected by applicable copyright and trademark
law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of
any content on this site is strictly prohibited, unless specifically authorized by MermaidVR.
Termination of Use
You agree that we may, at our
sole discretion, suspend or terminate your access to all or part of our software and Resources with or without
notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal,
fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate
law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will
immediately cease, and we reserve the right to remove or delete any information that you may have on file with us,
including any account or login information.
Governing Law
This software is
controlled by MermaidVR from our offices located in the state of Ontario, Canada. It can be accessed by most
countries around the world. As each country has laws that may differ from those of Ontario, by accessing our
software, you agree that the statutes and laws of Ontario, without regard to the conflict of laws and the United
Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this
software and the purchase of any products or services through this site.
Furthermore, any action to
enforce this User Agreement shall be brought in the federal or state courts located in Canada, Ontario You hereby
agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections
to such courts.