TERMS AND CONDITIONS

 

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on or to www.virsadi.com or any other website, microsite, or any other internet property owned, operated or sponsored by Virsadi you are entirely responsible for such User Content. Such User Content constitutes a Submission as defined below. This means that you, and not Virsadi, are entirely responsible for all User Content that you post to any Virsadi site. All users of Virsadi agree that their access to and use of any internet operated or owned property of Virsadi are subject to this User Generated Content Policy and all applicable laws, and that any such access or use is undertaken at the user's own risk. The terms of this User Generated Content Policy are subject to change at any time without prior notice. Any such changes will be reflected on the User Generated Content Policy page of the www.virsadi.com website.

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Any inquiries, feedback, suggestions, ideas or other information or User Content you provide us, including submitting your name, social media handle, any accompanying text, and any image or images from your Twitter™, Instagram™, Facebook™ or other social media site account(s), using hashtag #VIRSADI or any other applicable hashtag(s) as part of a Virsadi Hashtag Campaign (collectively, "Submissions") will be treated as non-proprietary and non-confidential. For good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, by uploading, posting, e-mailing or otherwise submitting Submissions to any of the Virsadi affiliates, you grant, and you represent and warrant that you have the right to grant, to Virsadi an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, reproduce, edit, distribute, copy, edit, change, modify, add to, subtract from and otherwise exploit the Submissions, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any compensation to you or to any third party.

 

You also acknowledge that your Submissions will not be returned and Virsadi may use your Submissions, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

 

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. By making a Submission, you hereby warrant that your Submission is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the Submission does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person in the Submission has given their written permission and consent to be included in the Submission and displayed publicly on Virsadi sites and other Virsadi  social media sites and marketing materials and advertising and that you shall furnish such permission and consents promptly to Virsadi upon request. You agree to indemnify Virsadi and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. You further agree to indemnify and hold Virsadi, its officers, directors, and employees (collectively the "Releasees") harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney’s fees, liabilities, verdicts, judgments and settlements) arising out of use of a Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon submission of Submission you hereby release Virsadi and Releasees from, and irrevocably waive, any and all claims that Virsadi use of your Photo with or without your name, including but not limited to use on Virsadi sites, infringes or violates my rights in your Submission or any work or material contained in your Submission.

Instagram ™, Twitter ™, Facebook™ and other similar social media forums are registered trademarks of their respective companies and not affiliated with Virsadi or www.virsadi.com. Any submission via these or other similar social media sites are subject to all ruled and regulations of such sites. If you choose to submit your photo via mobile phone, standard data rates may apply.

 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER VIRSADI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF VIRSADI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE VIRSADI WEB PROPERTIES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Virsadi Web Properties, User Content that is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, inaccurate or misleading; you were compensated for or granted any consideration by any third party; contains restricted or hidden content; or infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party.

 

While Virsadi allows users to post User Content, including images and comments, to Virsadi Web Properties, you should be aware that publicly accessible User Content is not reviewed by Virsadi before posting and does not necessarily reflect the views of Virsadi. Publicly accessible User Content is governed by the terms and conditions of the respective social media platform where said User Content has been posted.

 

All Submissions must be appropriate for a family audience. Any Submission may be removed by Virsadi from the Virsadi Web Properties at any time and for any reason.

When you submit, post, or otherwise transmit User Content to any Virsadi Web Properties you alone are responsible for ensuring you have the rights to post that User Content, including, but not limited to, any copyright rights to images or music, and the right to publish the images of the people or items included in the User Content.

 

Please note that any User Content posted to any Virsadi Web Properties may be used by Virsadi for commercial purposes and may be copied or exported from any of the Virsadi Web Properties and published elsewhere on the internet, including on any social media sites, or otherwise so please exercise discretion in deciding what to post on any of the Virsadi Web Properties.

 

Be aware that Virsadi has no control over User Content once it leaves Virsadi Web Properties, and it is possible that others may duplicate material found on Virsadi web Properties, including, but not limited to, on other sites on the Internet, including on any social media sites, so please exercise discretion in deciding what to post on any of the Virsadi Web Properties.

 

You further agree not to post any content or mechanism that attempts to gain access to restricted areas of any of Virsadi Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of Virsadi Web Properties.