VRmeta Terms & Conditions
These Terms of Service (“Terms”) form a contract between ...
(1) Microstocksolutions LLC, 2601 South Minnesota Avenue, Suite 105-163, Sioux Falls, South Dakota 57105 ("Microstocksolutions LLC"), and
(2) the company or other legal entity accepting these Terms (“Customer”) that governs the Customer’s access to and use of the hosted media management ("Service") provided by Microstocksolutions LLC for online content storage, sharing and processing of video, or other content ("Content"). These Terms apply equally to any software that is used to provide the Service or made available to the Customer in order to facilitate the Service (“Software”).
1.ACCESS TO THE SERVICE
The Customer may use the Service only for business purposes and only within the range of the Customer’s normal business activities, on a non-exclusive basis, solely in strict compliance with these Terms, the documentation that accompanies the Service (the “Documentation”), and all applicable laws, including without limitation, data privacy laws and regulations applicable to the Customer.
2. USER ACCOUNTS
With the exception of content shared publicly as facilitated by features built into the Service, all access to the Service must happen through personal user accounts. When registering a personal user account, the Customer shall provide correct, accurate, current, and complete information about each user through the Service’s registration form and maintain and promptly update the registered data to keep it true, accurate, and complete.
User accounts are personal, and must not be shared between individuals. Account information and passwords shall be kept confidential. The Customer, or any person given access to the Service by the Customer, shall not authorize any third-party to access or use the Service, unless and to the extent Microstocksolutions LLC has provided mechanisms within the Service that clearly allows such use. Microstocksolutions LLC will not be liable for any loss or damage arising from any unauthorized use of personal user accounts.
The Customer is fully responsible for any use of the Service that is conducted through personal user accounts created by the Customer, regardless of whether or not the Customer is aware of, or have consented to, such use.
The Customer is responsible for informing anyone who uses the Service for or on behalf of the Customer of the above obligations.
The Customer is obligated to notify Microstocksolutions LLC immediately of any known or suspected unauthorized use of the Service.
3. PRIMARY CONTACT PERSON
One person, as identified on the Order Form for the Service, will be the primary contact person for all communication in relation to the Service. The Customer is responsible for updating Microstocksolutions LLC of reassignment of this role, and/or any changes in email, phone, or address information. Microstocksolutions LLC is not liable for any results of communication not reaching its intended recipient as a result of this information being out-of-date.
4. CUSTOMER CONTENT AND DATA
Microstocksolutions LLC does not claim ownership of any Content or data that is transmitted, stored, created, or processed through any personal user accounts or otherwise by the Customer. Microstocksolutions LLC does not control, verify, or endorse the Content or data in any way.
The Customer hereby grants Microstocksolutions LLC and our contractors the right to transmit, process, use, and disclose Content or data posted on the Service to the extent necessary to provide the Service, or to comply with any request of a governmental or regulatory body as required by law.
The Customer represents and warrants that it has all the rights to the Content necessary for the Customer to use the Service and grant the rights in this provision, and that the transmission, storage, or use of the content doesn't violate any law or these Terms.
5. STORAGE OF CONTENT AND DATA
Microstocksolutions LLC stores the Customer’s Content and data in accordance with best industry practices and applicable information security laws and regulations on Amazon Web Services (AWS). If the Service is cancelled, Microstocksolutions LLC will not store the Customer’s Content and data before it is permanently deleted from all Microstocksolutions LLC’s systems.
6. SERVICE AVAILABILITY
Microstocksolutions LLC makes no guarantees as to the availability or uptime of the Service, but will at all times use reasonable efforts to maintain the performance, stability, and uptime of the Service.
7. FAIR USE POLICY
Microstocksolutions LLC does not charge separately for network traffic costs incurred as a result of using the Service, and assigns each account a monthly network quota equal to the provisioned storage for the account. We reserve the right to suspend the Service should network traffic exceed fair use for a significant period of time. Before suspending the Customer’s account(s), we will reach out to notify the Customer of the excessive use, and offer an upgrade of the Customer’s data plan to increase the network quota.
8. ACCEPTABLE USE POLICY ('AUP')
This provision (“AUP”) sets out the rules governing the Customer’s use of the Service. In the event that Microstocksolutions LLC suspects that the Customer is in breach of this AUP, Microstocksolutions LLC may suspend the Customer’s access to the Service without notice.
Suspension caused by the Customer’s non-compliance with this AUP or other provisions set out in these Terms, does not affect the Customer’s obligation to pay for the Service in accordance with any applicable Order Forms. The Customer is not entitled to credits for any period of suspension.
The Customer shall not use the Service to harm others or the Service. For example, the Customer shall not use the Service to harm, threaten, or harass another person, organization, or Microstocksolutions LLC. You may not use the Service to attempt to build a similar service or website or to build a product using similar features or functions.
In addition, the Customer shall not, and shall not assist or encourage any third party to:
Access or use the Service in any way intended to improperly avoid incurring fees or exceeding user limits or quotas
Access or create an account on the service in the name of a third-party
Share passwords or other access information or devices, or otherwise authorize any third party to access or use the Software or the Service
Use the Service to engage in any unlawful or fraudulent activity
Use the Service in connection with or operation of facilities, systems, devices, or in other situations in which the failure of the Service could lead to death, personal injury, or physical property and/or environmental damage
Sell, lend, rent, resell, lease, sub-license, or otherwise transfer any of the rights granted to the Customer with respect to the Service to any third party
Modify, alter, tamper with, repair or otherwise create derivative works of the Service or any Software that accompanies the Service
Use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities
Use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Microstocksolutions LLC) to access or use the Service
Damage, disable, or impair the Service (or any network connected to the Service)
Reverse engineer, disassemble, or decompile the Software used to access the Service
Access or attempt to access Microstocksolutions LLC’s other accounts, computer systems, or networks not covered by the Terms
Cause inordinate burden on the Service or Microstocksolutions LLC’s system resources or capacity
Remove, obscure, or alter any proprietary rights notices pertaining to the Service
Microstocksolutions LLC reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit Microstocksolutions LLC’s response to a future complaint.
9. FEES AND PAYMENTS
The Fees for the Service are available on www.vrmeta.net Microstocksolutions LLC may choose to suspend the Customer’s access to the Service until payment has been made. If the Customer has chosen to pay with credit card, Microstocksolutions LLC will enpower its service provider to charge the card according to the specified billing schedule. Card information is stored securely with PayPal, our payment provider, and Microstocksolutions LLC will never have access to the actual card data.
Upon request, the Customer may test the Service for free for a period of 30 days. This trial offer is provisionally available once to each company, as identified by the official company registration number in your country of incorporation. The Customer may cancel the Service up until the last day of the trial period without incurring any cost. By continuing to use the Service beyond the trial period, the Customer shall be deemed to have accepted these Terms and Fees as quoted to the Customer before starting the trial period. Microstocksolutions LLC shall require payment from the Customer by midnight on the day of expiration of the 30 days’ trial period.
11. SUBSCRIPTION PERIOD
The Customer may elect one of the following subscriptions plans and billing options:
A monthly subscription plan (“Monthly Plan”). The subscription period shall be one month, and shall automatically renew unless the Customer cancels in accordance with these Terms prior to the renewal date.
An annual subscription plan (“Annual Plan”). The subscription period will be one year, and will automatically renew each year unless the Customer cancels its plan prior to the renewal date. The Customer is not entitled to cancel, reduce the number of accounts, or downgrade the Service until the anniversary of an Annual Subscription. There will be no refunds for Annual Plan payments.
A Customer subscribing to a Monthly Plan may switch to the Annual Plan at any time. A customer subscribing to an Annual Plan may not change to the Monthly Plan until the end of the one-year term of the Annual Plan.
The Service may not be canceled within a subscription period as described above. However, the Customer may opt out of automatic renewal by canceling the chosen subscription prior to the relevant renewal date.
12. PRICE CHANGES
Microstocksolutions LLC shall have the right to change the prices for the Service by at least 30 days’ notice to the Customer. When the Customer’s subscription renews, the Customer shall be bound by the last published price list on the last day of the expiring term, unless a fixed service period and/or price has been specifically agreed in a valid Order Form or otherwise.
13. UPDATES TO THE SERVICE
Microstocksolutions LLC reserves the right, at its sole discretion, to make necessary unscheduled deployments of changes, updates, or enhancement to the Service at any time.
Microstocksolutions LLC may add or remove functionality or features and suspend or stop a Service.
Microstocksolutions LLC strives to apply updates and changes according to the service windows. If Microstocksolutions LLC at any time plans to undertake a larger system update that causes downtime of more than 1 hour, we will notify affected customers in advance.
Any Software is licensed, not sold. The Customer is granted a non-exclusive, non-sublicensable and revocable license to reproduce and use the Software in such quantities and at such locations as strictly necessary to support the Customer’s use of the Service in accordance with these Terms and any applicable Order Form. The Customer is not entitled to use the Software in any manner or for any purpose not directly related to the Customer’s use of or access to the Service. Unless Microstocksolutions LLC notifies you otherwise, the Software license ends when the Customer’s Service ends. The Customer shall promptly uninstall the Software after end of the Service, or Microstocksolutions LLC may disable it.
14. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in and to the Service, Software and Documentation, including without limitation to user interfaces, logos, trademarks, product or service names, belong solely to Microstocksolutions LLC or Microstocksolutions LLC’s licensors, as the case may be. This contract and the provision of the Service to you does not grant you any rights in or to the Service, Software or Documentation, except to the extent that these Terms explicitly set forth.
Information that the Customer gains access to in connection with the Service shall be treated as confidential information and shall not be disclosed to any third party without the consent of Microstocksolutions LLC.
The confidentiality obligations set out in this provision shall not prevent the disclosure of information if the Customer is obligated by law to disclose information. Microstocksolutions LLC shall, if possible, be notified prior to such disclosure.
Information shall not be considered confidential to the extent that the information was already known to the Customer or is accessible to the public.
The Customer undertakes to take all necessary precautions to prevent unauthorised persons from gaining access to, or knowledge of, confidential information. The confidentiality obligation shall apply to the Customer’s employees, subcontractors and other third parties who act on behalf of the Customer. The confidentiality obligation shall continue to apply after the expiry or termination of a customer relationship.
16. DISCLAIMER OF WARRANTY
Microstocksolutions LLC provides the service "as-is" and "as available". Microstocksolutions LLC makes no representations or warranties of any kind, and all express or implied conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, non-interference, accuracy of informational content, or arising from a course of dealing, law, usage or trade practice are hereby excluded to the extent allowed by applicable law and are expressly disclaimed by Microstocksolutions LLC, its suppliers and licensors.
The Customer shall defend and indemnify Microstocksolutions LLC against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content, or the Customer’s use of the Service in breach of these Terms: (a) infringes a registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Microstocksolutions LLC's actions); or (b) violates applicable law.
Microstocksolutions LLC shall defend and indemnify the Customer from any claim that the Service as such infringes the intellectual property rights of a third party. If such claim is set forth, Microstocksolutions LLC shall have the option, in Microstocksolutions LLC’s discretion, to either settle the claim immediately, procure for the Customer the continued and uninterrupted use of the Service, or replace the allegedly infringing part of the Service with a non-infringing part of equal functionality.
The Customer is obligated to notify Microstocksolutions LLC if the Customer receives a claim or demand that is subject to Microstocksolutions LLC’s indemnification obligation, and Microstocksolutions LLC shall have the same obligation towards the Customer.
Microstocksolutions LLC may terminate the contract with immediate effect, if the Customer is in material breach of these Terms or any other terms and conditions applicable to the use of the Service. If the contract is terminated for breach, you are not entitled to any reimbursements.
Microstocksolutions LLC may terminate the contract for convenience by 30 days’ written notice to the Customer. If Microstocksolutions LLC terminates the contract for convenience, the Customer is entitled to a refund that is proportional to the remaining Service period already paid for.
19. LIMITATION OF LIABILITY
Notwithstanding anything else in these terms of service to the contrary, the aggregated maximum liability in relation to the services of Microstocksolutions LLC, its affiliates, officers, employees, agents, suppliers and licensors collectively, to customer or any other person or entity using the Service, whether in contract, tort (including negligence), breach of warranty or otherwise, shall be limited to an amount equal to three months of service fees.
Regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, in no event will Microstocksolutions LLC or its suppliers be liable for any lost revenue, profit, or lost or damaged data, business interruption, loss of capital, or for special, indirect, consequential, incidental or punitive damages however caused and regardless of the theory of liability or whether arising out of the use of or inability to use software or otherwise and even if Microstocksolutions LLC or its suppliers or licensors have been advised of the possibility of such damages.
20. PRIVACY AND DATA PROTECTION
Microstocksolutions LLC and the Customer shall enter into a data processing agreement in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR). Such data processing agreement shall be deemed an integrated part of the agreement between Microstocksolutions LLC and the Customer regarding the Service.
Microstocksolutions LLC shall keep personal data and Content logically separated from data and content belonging to other customers of Microstocksolutions LLC in order to avoid the risk of unintentional tampering with your data and Content.
Regardless of whether the Customer’s Content or data contains personal data, Microstocksolutions LLC will only access, process or otherwise use the Customer’s data as necessary to facilitate the Service. Microstocksolutions LLC will not allow access to the Customer’s Content or data by any third party, except subcontractors that are subject to a non-disclosure agreement adhering to Microstocksolutions LLC’s obligations pursuant to these Terms.
21. ASSIGNMENT AND TRANSFER
Neither party may transfer or assign its rights and obligations under this contract without the other party’s prior written consent, which shall not be unreasonably withheld. The same shall apply if a party is demerged into several companies or in case of assignment to a subsidiary or another company within the same group, but not if a party is merged with another company.
22. GOVERNING LAW; DISPUTES
These Terms shall be governed by and interpreted in accordance with United States law.
In case of a dispute between the parties which cannot be solved by negotiations, either party shall be entitled to have such dispute finally decided by the courts of South Dakota, with Sioux Falls as venue. Nevertheless, Microstocksolutions LLC has the right to instigate legal proceedings in the country where you have your place of residence or perform business activities.
23. CHANGES TO THESE TERMS
Microstocksolutions LLC will revise these Terms from time to time, and these Terms shall at all times apply as they are available
Copyright (C) 2017-2019 Microstocksolutions LLC. All rights reserved. VRmeta is a registered trademark of Microstocksolutions LLC.
This product is based on a technology that is the subject matter of a number of pending patent applications.
Product Site: www.vrmeta.net
If you have any questions please contact us: firstname.lastname@example.org