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Virtual Prize Wheel
NEWS
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TERMS OF SERVICE |
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This Terms of Service is a legal agreement between you ("Client") and Virtual Creations LLC, that governs your access to and use of the Virtual Prize Wheel as a purchaser of services.
Please review this entire Terms of Service before you decide whether to accept it and continue with the
registration/account setup process.
BY CLICKING ON THE "AGREE AND SUBMIT" BUTTON ON THE REGISTRATION/ACCOUNT SETUP PAGE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE.
In the event of a conflict in the provisions set forth in this Agreement, the provisions shall govern.
Provision 2, 3, & 4 do not apply during the 2 week free trial period.
1. Services. Virtual Creations LLC agrees to perform services ("Services") for Client as listed on the homepage at www.virtualprizewheel.net.
2. Term of Services. The Term of Services is for as long as there is an active account.
3. Fees for Service. Client agrees to pay Virtual Creations LLC for Services in accordance with the fee schedule that may be found at www.virtualprizewheel.net/services.
4. Payment. Client shall pay all fees before the virtual prize wheel is started. Once Virtual Creations LLC receives confirmation of paid fees, the Client will receive an email directing them to an online form to complete the process of setting up their account.
5. Work Performed. Rights Reserved. Virtual Creations LLC guarantees the use of product for the agreed upon contract term. If the site that Virtual Creations LLC uses goes down or becomes inoperable for a period of more than 1 week, Virtual Creations LLC will provide client with a free month, to be added at the end of the contract date. Virtual Creations LLC will not be held responsible for client hardware, software, or general internet interruptions.
Virtual Creations LLC reserves the right to change websites and to add websites at anytime without prior notice. Creations LLC also reserves the right to refuse any obscene or improper use of a virtual prize wheel. All services provided by Virtual Creations LLC may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or
obsene, or material protected by trade secret and other statute. If obscene or illegal uses are detected, Virtual Creations LLC reserves the right to deny your access to our Services, your fees will be non-refundable and you will be reported to the local authorities.The subscriber agrees to indemnify and hold harmless Virtual Creations LLC from any claims resulting from the use of service which damages the subscriber or any other party.
6. Confidential Information. Virtual Creations LLC does at times require personal information. We do not sell or distribute said information.
7. Termination of Services. These Services may be terminated by Client through email. Virtual Creations LLC may also terminate Services in response to obscene or illegal website use in accordance to provision 5 above.
8. Disputes. Any disputes that arise between the parties with respect to the performance of this contract shall be submitted to binding arbitration by the American Arbitration Association, to be determined and resolved by said Association under its rules and procedures in effect at the time of submission and the parties hereby agree to pay the total costs of said arbitration. Such total costs will be divided equally between the parties.
The final arbitration decision shall be enforceable through the courts of the state of Virtual Creation LLC’s address.
9. Severability. If any term or provision of this Agreement is declared to be illegal or unenforceable by a court having jurisdiction, the validity of the remaining terms or provisions will not be affected and, if possible, the rights and obligations of the parties are to be construed and enforced as if the Agreement did not contain that term or provision.
10. Liability. THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND
INFORMATION MADE AVAILABLE IS PROVIDED "AS IS." TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, VIRTUAL CREATIONS LLC AND ITS SUBSIDIARIES AND OTHER
AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS MAKE NO
REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE
CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE
SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF
SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH
THE SERVICE. VIRTUAL CREATIONS LLC DISCLAIMS WITHOUT LIMITATION, ANY
WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. VIRTUAL CREATIONS LLC
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE. VIRTUAL CREATIONS LLC SHALL NOT BE RESPONSIBLE
FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM
FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING,
ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.
IF THE SITE THAT VIRTUAL CREATIONS LLC USES GOES DOWN OR BECOMES INOPERABLE
FOR A PERIOD OF MORE THAN 1 WEEK, VIRTUAL CREATIONS LLC WILL PROVIDE CLIENT
WITH A FREE MONTH, TO BE ADDED AT THE END OF THE CONTRACT DATE.
11. Complete Agreement. This Terms of Service contain the entire agreement between the parties with respect to the matters covered in this Agreement. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Virtual Creations LLC by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties with respect to the subject matter contained in this Agreement. Client acknowledges that it is entering into this contract solely on the basis of the representations contained in this Agreement.
12. Applicable Law. Virtual Creations LLC shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made. This Contract shall be construed in accordance with the laws of the state indicated by Virtual Creations LLC’s address.
13. Scope of Agreement. If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.
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