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© 2014-2019 Virtual Desktop, Inc.

Terms of Use

Last updated: September, 2018


TERMS OF USE


Welcome and thank you for visiting Virtual Desktop Inc. (“Virtual Desktop,” “we,” or “us”).  Please read and review the following terms of use (the “Terms of Use” or “Terms”) carefully to understand how to use Virtual Desktop’s website, located at https://www.vrdesktop.net, and all associated sites linked to www.vrdesktop.net by Virtual Desktop (the “Site”).   By using any of our services or visiting the Site, you agree to be legally bound by, and use our services and Site in compliance with, these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.

Please also read Virtual Desktop’s Privacy Policy (available from the Site), as it also applies to the use of this Site, and its terms and conditions are made a part of these Terms of Use by this reference.

These Terms of Use and the Site are subject to change without notice.  We may make changes to these Terms of Use from time to time. When we do, we will revise the “last updated” date set forth above.  It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The last-updated version of these Terms will supersede all earlier versions. You agree that your continued use of our Site after such changes have been published to our Site will constitute your acceptance of such revised Terms of Use.

About Us

Virtual Desktop is a software company focused on developing computer applications that enable our customers to use their computer in virtual reality.


Our Customers


By using the Site, you represent that you are of legal age. You also represent that your use of the Site does not violate any applicable law, rules or regulations of your jurisdiction. The Site is free to all users.


User Conduct


You warrant and agree that, while using the Site, you shall not:

  • store, collect or retain content from the Site in a separate destination that in any way replicates substantially material offered from the Site;

 

  • engage in any conduct that would constitute a criminal offense or give rise to civil liability of any nature; or

 

  • attempt to gain unauthorized access to our computer system or other computer systems through the Site.

Site Monitoring & Conduct External to the Site

We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users.  
Please refer and familiarize yourself with our Privacy Policy, which is incorporated into these Terms of Use by reference.


DISCLAIMER OF WARRANTIES.


THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

LIMITATION OF LIABILITY.


IN NO EVENT SHALL VIRTUAL DESKTOP OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF VITRUAL DESKTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF VIRTUAL DESKTOP TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF THE AMOUNTS PAID BY YOU TO VIRTUAL DESKTOP AND $10.00 CANADIAN.


BY READING THESE TERMS OF USE, you acknowledge that VIRTUAL DESKTOP, directors, employees, officers, agents, affiliates, SUCCESSORS AND ASSIGNS and are not liable for any violation of privacy rights, AND the accuracy, completeness, truthfulness and reliability of any information uploaded to the site.

 

Links from and to the Site.

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by third party websites to which you may link from the Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.


Modifications to the Site and the Services.


We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.


Indemnity


You agree to indemnify and hold Virtual Desktop, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, assigns, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including legal fees), made against Virtual Desktop arising out of or in connection with your use of the Site.


Violation of These Terms of Use


You agree that Virtual Desktop may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.  You acknowledge that your failure to observe and perform your obligations under these Terms of Use could cause irreparable harm for which damages would be an inadequate remedy, and if any such failure occurs or is threatened, Virtual Desktop will be entitled to an injunction, a restraining order, or any other equitable remedy. These remedies are in addition to any other remedies Virtual Desktop may have at law or in equity.


Governing Law; Dispute Resolution


We control and operate this Site from our offices in the Province of British Columbia, Canada. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use and the relationship between you and us shall be governed by the laws of the Province of British Columbia, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and referred to arbitration before a single arbitrator within Vancouver in the Province of British Columbia, costs to be borne by each party unless the arbitrator makes an order for costs otherwise.  By reading these Terms of Use, you acknowledge that the award of the arbitrator is final and binding. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Virtual Desktop, your use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.   


Waiver of Jury Trial


BY READING THESE TERMS OF USE, YOU HEREBY irrevocably waive, to the fullest extent permitted by applicable law, any right YOU may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to VIRTUAL DESKTOP, the site, these terms of use or the transactions contemplated hereby (whether based on contract, tort or any theory).  NOTWITHSTANDING any decision made pursuant to arbitration to have a dispute referred, you also agree by reading these terms of use to waive any right to a jury by trial.


Severability


If any term or condition in these Terms of Use is found to be unenforceable, that term or condition shall be considered separate and severable from these Terms of Use and the remaining terms and conditions shall remain in force and effect.


Virtual Desktop Providing Information


Virtual Desktop may send to your registered email address any updates regarding the Site.  These updates will contain factual information about the Site only.  Should you choose to no longer receive these updates, please click the link on the bottom of any such Virtual Desktop email.   


Contacting Virtual Desktop

 

Any requests in connection with these Terms of Use may be made via email to:
guy@vrdesktop.net