VirtualTRY is a service that designs and implements innovative virtual try-on modules for all websites & E-commerces (“Service”). These Terms of Service are an integral part of VirtualTRY and govern using any content, services, technology or other VirtualTRY functionality that resides on Virtualtry.com, or a VirtualTRY partner site. If you purchase a paid service from VirtualTRY, you must separately agree to an Order Form, which shall supersede these Terms of Service for the www.virtualtry.com website. By using the Service, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to this Site and any VirtualTRY partner site. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
VIRTUALTRY TERMS OF SERVICE
PLEASE READ AND REVIEW THESE TERMS AND CONDITIONS OF SERVICE (“Agreement”) CAREFULLY BEFORE USING THE VIRTUALTRY WEBSITE OR ANY WEBSITE POWERED BY VIRTUALTRY (the “Sites”). The domain and site, Virtualtry.com, is controlled and operated by Virtual Try Ltd., (“VirtualTRY”, “we”, or “us”). Use of the Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that VirtualTRY may terminate your access to VirtualTRY or other Sites should you fail to comply with the Terms and Conditions or any other guidelines and rules published by VirtualTRY. Any such termination shall be in VirtualTRY’s sole discretion and may occur without prior notice, or any notice. VirtualTRY further reserves the right to terminate any user’s access to VirtualTRY or other Sites for any conduct that VirtualTRY, in its sole discretion, believes is or may be directly or indirectly harmful to other users, the community and social aspects of VirtualTRY, to VirtualTRY or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. VirtualTRY further reserves the right to terminate any user’s access to VirtualTRY or Sites or its Service for any reason or for no reason at all, in VirtualTRY’s sole discretion, without prior notice, or any notice.
By accessing and using this Site, located at //www.virtualtry.com , or any site powered by VirtualTRY, you are hereby agreeing to be legally bound by this Agreement. This Site is restricted ONLY TO USERS OVER THIRTEEN (13) YEARS OF AGE. ANY SITE REGISTRANT BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT OR LEGAL GUARDIAN ASSIST IN THE COMPLETION OF THE REGISTRATION. By completing the registration process for this Site, you represent and certify that you are a minimum of thirteen (13) years of age, and can and will be legally bound by this Agreement. Inputting an incorrect birth date is grounds for immediate account termination. If for any reason you do not agree with all of the following terms and conditions, please immediately discontinue use of this Site. VirtualTRY reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall immediately become effective upon the posting thereof. Please review this Agreement to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
You may access, obtain or purchase services, products, information, and offerings (“Services”) provided by VirtualTRY through Virtualtry.com. VirtualTRY is a service that designs and implements innovative virtual try-on modules for all websites & E-commerces.
PAYMENT TRANSACTION PROCESSING
In the event you wish to purchase or to subscribe for any of the Services on sale, you will be asked by VirtualTRY or an authorized third party to supply certain information, including without limitation, your full name, company name, address, telephone number and credit card information. You agree to provide VirtualTRY or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service.
Some services offered by VirtualTRY are subscription-based services. For subscription-based Services offered by VirtualTRY, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. VirtualTRY reserves the right to change the amount of, or basis for determining, any fees or charges for the service(s) we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
By providing payment account information, you thereby authorize the charge to your credit card or other account as necessary to complete the process for your payment transaction. You also authorize VirtualTRY to store and to use your payment account information to renew automatically renewing subscription Services in addition to processing any credits such refunds or adjustments. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Automatic Renewal Terms
Your subscription will be automatically renewed and your credit card will be automatically charged on a monthly basis (or such other periodic basis as is listed on the Web Site and/or Service sign-up), depending upon the billing terms for your subscription, for as long as you remain a member. You agree that VirtualTRY will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card or other account (such as your PayPal account) has been charged.
Your right to use the subscription service or other specific product or service is conditional upon our receipt of payment. If payment cannot be charged to your credit card (or other account), or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all VirtualTRY obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
30 days refund policy & Termination of Subscription
You may cancel the automatic renewal of your subscription by writing us to [email protected]. Terminations are not retroactive, and unless the billing plan specifies otherwise, you will not be entitled to receive any refund of amounts paid (after 30 days) although you will be entitled to access to the subscription service for the remainder of your paid term. If you have an outstanding balance due on any VirtualTRY account at the time of cancellation, you hereby agree that VirtualTRY may charge these unpaid fees to your credit card or other payment account.
In order to review the billing terms of your account, go to your Client’s Administration panel.
CONSENT TO ELECTRONIC COMMUNICATIONS AND EMAIL SOLICITATION
CONDUCT OF VIRTUALTRY USERS
The following is a partial list of the kind of Content that is illegal or prohibited to create using the Services. Without limitation, VirtualTRY reserves the right to investigate and to take appropriate legal action in its sole discretion against anyone who violates these guidelines, including without limitation, removing the offending content or communication from the Service and terminating the membership of such violators. It includes content and actions that:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual or are patently offensive to the online community;
- harass, or incite harassment of, another person or group;
- involve harassment and the transmission of “spam”, unsolicited mass emailing, unsolicited mass contact and chain letters; or that abuse VirtualTRY’s communication tools.
- misrepresent your identity or personal characteristics, or impersonate another individual.
- misrepresent your true opinions in a way that does not accurately reflect you;
- interfere with any other person’s use of the Service.
- promote information that you know is false or misleading; or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promote an illegal, unauthorized or plagiarized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- display pornographic or sexually explicit material of any kind;
- provide material that exploits people under the age of 18 in a sexual or violent manner;
- provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- seek to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the VirtualTRY website. In particular, you shall not:
- use any portion of the VirtualTRY website or the Services for any unlawful purpose;
- hold yourself out as sponsored by, endorsed by, or affiliated with the VirtualTRY site;
- list the email addresses of people unknown to you;
- list as referrals any email addresses that are fake, fictitious, or made up;
- attempt to gain unauthorized access to VirtualTRY’s database or other computer systems;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by VirtualTRY in connection with the VirtualTRY website or the Services.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of VirtualTRY.
TRADEMARKS AND SERVICE MARKS
VirtualTRY is a trademark, service marks or registered trademarks of Virtual Try Ltd., and the Products and Services described or offered in this Site are either the trademarks, service marks or registered trademarks of Virtual Try Ltd., its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without VirtualTRY’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
PROPRIETARY RIGHTS AND COPYRIGHT
VirtualTRY and its licensors have expended substantial time, effort, and funds to create VirtualTRY and its Services. All Site software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the “Content”) are the property of VirtualTRY and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to Israel and foreign copyright and trademark laws.
All elements of Content on this Site are either Copyright 2011 VirtualTRY, or are the proprietary property of VirtualTRY’s suppliers, affiliates or licensors. No copyrighted material or other Content may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) in ways other than those expressly enabled by VirtualTRY without the express prior written consent of VirtualTRY. Use of VirtualTRY and/or its licensors’ Content is only permitted with their express written permission. All rights reserved. If you believe that your work has been copied in a way that constitutes copyright infringement, notice of claims of copyright infringement on its site can be reached as follows via email at [email protected] and indicate your ID Customer.
DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRTUALTRY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRTUALTRY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. VIRTUALTRY SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIRTUALTRY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. VIRTUALTRY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. VIRTUALTRY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. VIRTUALTRY MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY VIRTUALTRY.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL VIRTUALTRY OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF VIRTUALTRY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE VIRTUALTRY NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT THE VIRTUALTRY NETWORK.
UNDER NO CIRCUMSTANCES SHALL VIRTUALTRY OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
INDEMNITY AND RELEASE
By using VirtualTRY you agree to indemnify VirtualTRY and affiliated Sites, and its parents, subsidiaries, affiliates, officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of VirtualTRY and affiliates Sites, your use of the Services, or your submission of ideas and/or related materials to VirtualTRY or from any person’s use of any account or password you maintain with any portion of VirtualTRY, regardless of whether such use is authorized by you. By using VirtualTRY and affiliated Sites, using the Services, or submitting any ideas and/or related materials to VirtualTRY, you are hereby agreeing to release VirtualTRY and affiliated Sites, and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to VirtualTRY.
HOW TO CONTACT US
Please send any questions you may have pertaining to our above stated policies to us at [email protected]