Terms of Use and Service

Terms of Use and Service: Virtual Town

Virtual Town (“Virtual Town”) provides an Internet-enabled, event management system and marketplace at a community level which allows users to submit events, subscribe to event notifications, and shop with local vendors from their community (“Services”).

THIS AGREEMENT. This Agreement is a contract between you and Virtual Town and applies to your use of our Services, website (“Site”) and application (“App”). By accessing our Site or App or utilizing our Services, you agree with and accept all of the terms and conditions contained in this Agreement and our various policies regarding our Services, Site and/or App. This includes, without limitation our Privacy Policy and Event Policy, which are incorporated herein. The Agreement and our Policies are subject to change by us at any time, at our sole discretion, with advance notice that is either published or sent. The most current version of the Agreement and each Policy, which supersede all earlier versions of the same, can be accessed through the Site or App. You should review the Agreement and Policies regularly to determine if there have been changes. Continued use of the Site, App or Service constitutes acceptance of the most recent version of the Agreement.
ACCOUNT AND SERVICES. To receive our Service you do not have to register on the site. However, to track your event submissions and shopping you must first establish an account with us through the Site or App (“Account”). This involves you accurately and completely providing and maintaining all requested information, materials and items requested for the Account. An Account is available only to individuals or entities that can form legally binding contracts under applicable law, which in the case of an individual requires you to be at least 18 years old. When signing up for our Services, you authorize us, whether directly or through third parties, to make any inquiries we consider necessary to validate your identity and information. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and/or verifying your information against third party databases or through other sources. Our Account for you will not be deemed active until approved by us and is subject to suspension or termination by us at any time for any reason. You may close your Account at any time by logging in to the Site or App and following the instructions to cancel membership or by contacting a Virtual Town authorized Representative.
PAYMENTS. We accept payment by MasterCard, Visa, Discover, and American Express. In the event that you have provided us with multiple charge cards or payment accounts, whether through a single Account or multiple Accounts, you hereby authorize us to make charges against any and all such cards and Accounts in the event that the primary charge method provided should either: not be available, be declined, or not have sufficient funds. By giving your electronic signature, you authorize your credit card company to accept the charges in lieu of an imprinted sales draft. When you specify a payment method, we will continue to use such method unless you tell us otherwise. Regarding our use of third-party payment processors to bill you through a payment account linked to our Account for you on the Site. The processing of such payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to those contain in this Agreement and our Policies. We are not responsible for error by the payment processor. By choosing to use paid services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such paid services in accordance with the applicable payment terms and you authorize us, through the payment processor, to charge your payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your Payment Method. If we, through the payment processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.
WARRANTY DISCLAIMER. Virtual Town, ON BEHALF OF ITSELF AND ITS CONTRACTORS AND SUPPLIERS, MAKES NO WARRANTY OF ANY KIND REGARDING THE SERVICES, SITE, APP AND/OR ANY CONTENT OR MATERIALS PROVIDED, ALL OF WHICH ARE PROVIDED “AS IS.” NEITHER THIS SITE, THE APP, THE SERVERS NOR ANY COMMUNICATION SENT FROM Virtual Town IS REPRESENTED OR WARRANTED TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, NEITHER Virtual Town NOR ITS CONTRACTORS AND SUPPLIERS WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF DELIVERABLE, INFORMATION, MATERIAL OR SERVICE PROVIDED OR FOUND (WHETHER ON THE SITE, APP OR FROM RESULTS OF SERVICES OTHERWISE), AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. Virtual Town assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site, App or your receiving or downloading any materials, data, text, images, video or audio from the Site, App or as a result of Services. We are also not responsible for any loss attributed to our failure to provide timely reminders to you. To the maximum extent permitted by applicable law, in no event shall Virtual Town or any contractor or supplier be liable for any injury, loss, liability, claim, expense, damage including, without limitation, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of the Site, App or content found therein, or (ii) the performance or non-performance by Virtual Town or our contractors or suppliers for any Service, including (without limitation) for non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if you were advised of the possibility of damages. Regardless of the claim, the maximum liability of Virtual Town and its contractors and suppliers to you, or anyone claiming through you, for any breach of this Agreement shall be the amount of fees paid to us by you during the month in which your claim first arose.
OWNERSHIP. The Site, App and content appearing thereon or otherwise arising from the Services that we provide, is the copyrighted property of Virtual Town. Nothing contained on the Site or App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrights without the written permission of Virtual Town. “VirtualTown.io,” “Virtual Town,” and all related logos, products and services appearing or described on the Site or App or appearing with our materials are copyrighted, trade name and/or trademarked materials of Virtual Town. You may not copy, imitate or use them without Virtual Town’s prior written consent. We and our licensors own all right, title and interest, including intellectual property rights, in the Service, Site and App. All limited use rights not expressly granted to you are reserved to and by us and our licensors. You, from time to time, may submit comments, information, questions, data, ideas, description of processes, or other information provided to us or our licensors or suppliers (“Feedback”). For any and all Feedback, you grant to us and our licensors and providers a non-exclusive, worldwide, perpetual, irrevocable license to use, exploit, reproduce, incorporate, distribute, disclose, and sublicense any Feedback in its products, solutions and services. You represents that you hold all intellectual or proprietary rights necessary to grant such license and that the Feedback will not violate the personal, proprietary or intellectual property rights of any third party.
INDEMNIFICATION. You agree to defend, indemnify and hold Virtual Town and its owner, managers, officers, employees and representatives harmless from any liability, loss, claim, investigation, damage, cost, expense or demand (including reasonable attorneys’ fees) owed to or made or incurred by any third-party due to or arising out of your breach of this Agreement, requests for our Services, actions or omission arising from or relating to the Services, and/or your use of the Site or App.
DISPUTES. If a dispute arises between you and Virtual Town please contact us first. Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Virtual Town regarding our Services may be reported to customer service through the Site or App or by calling Virtual Town at the number provided on the Site or App. FURTHERMORE, YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IF THE AMOUNT IN DISPUTES EXCEEDS $250,000 AND ITS JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES WHEN LESSER AMOUNTS ARE IN ISSUE. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. THE ARBITRATOR SHALL ISSUE A WRITTEN REASONED DECISION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
GOVERNING LAW AND ENFORCEMENT. This Agreement and its performance shall be governed by the laws of the state of Georgia, USA, without regard to its conflict of laws provision. You consent and submit to the exclusive jurisdiction of the state of Georgia, USA, in all questions and controversies arising out of your use of this Site, the Services and this Agreement and its subject matter, including all questions and controversies subject to binding arbitration. To the extent allowed by applicable law, any claim or cause of action arising from or relating to this Agreement, its subject matter, your access or use of the Site or App, or the Services must be brought within one (1) year from the date on which such claim first accrued. If Virtual Town takes any action to enforce this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees, costs, and any cost of arbitration, in addition to any other relief, at law or in equity, to which we may be entitled.
WAIVER AND SEVERABILITY. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION. Virtual Town may terminate this Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this Site or our Services as well as for your failure to comply with the terms and conditions of this Agreement or our policies. Such termination shall not affect any right to relief to which Virtual Town may be entitled, at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to you will terminate and revert to Virtual Town as applicable.
ASSIGNMENT PROHIBITION. You may not assign, convey, transfer, subcontract or delegate this Agreement, your Account or any tasks, Services, rights, duties or obligations hereunder.
ENTIRE AGREEMENT AND MODIFICATION. This Agreement, together with any terms and conditions incorporated herein or referred to herein, constitutes the entire understanding, arrangement and agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site. Virtual Town may at any time modify the terms and conditions of this Agreement and your continued use of this Site and the Services will be conditioned upon the terms and conditions in force at the time of your use.
NOTICE. Virtual Town may provide notices to you of changes to our Agreement or Policies, or of issues Virtual Town may have, by website postings, emails to the email address listed with us for your account, text message to the contact information that we have listed for you, or by mail to the street address listed with us for your account. Such notices shall be considered to be received by you within 24 hours of the time they are posted to our website or sent by email to you unless we receive notice that the email was not delivered. Any notice sent by mail will be considered to have been received by you three business days after it is sent.
FORCE MAJEURE. Virtual Town shall not be liable for any delay or failure to perform any service or for the Site if the delay or failure results from events or circumstances outside its reasonable control, including (without limitation) acts of God, acts of nature, strikes, lock outs, accidents, war, acts of terrorism, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Virtual Town shall be entitled to a reasonable extension of its obligations.

Privacy Policy: Virtual Town

Privacy and security are important to Virtual Town. This Privacy Policy explains the types of information we gather, how it is protected, what we do with it and how you can correct or change information. By using our Site or Services, you accept and agree to the practices described in this Privacy Policy.

When you register with us at our Site, you provide your name, e-mail address, and mobile phone number. You select a username and password allowing you access to the Site and request our Services. Your username and password should be kept strictly confidential to prevent unauthorized use.

While using the Site and our Service, we or our contractors or suppliers may (but shall not be obligated to) monitor access and use of the Site or App, including our Account for you, including the name of your Account, your Internet protocol (IP) address, details about the unauthorized third party program detected, the time and date, and such other information and data as we may deem appropriate. If an unauthorized or impermissible use or access is detected, this Agreement and your access to the Services, Site and/or App may be terminated or suspended with or without additional notice to you.

Virtual Town also receives and stores certain types of information whenever you interact with us through the use of “cookies.” Cookies are identifiers transferred to your computer’s hard drive through your Web browser which enable our systems to recognize your browser and to provide you with certain shopping features. These “cookies” allow us to give you customized and personalized service and helps us identify ways to improve your experience. Cookies are also used to help us track responses to messages sent on behalf of our advertisers so that Virtual Town may aggregate such information and report results to them. If you choose to reject or disable cookies, you will be unable to use those Virtual Town Services that require the use of such cookies.

Virtual Town uses your information to provide Services as well as to enhance and personalize our service. Other than as a result of the sale, merger, transfer or assignment of assets of, or equity in, Virtual Town, we do not sell personal information about individual customers (such as name, address, e-mail address, credit card information) to third parties, sell or rent lists of customers or use information about individual customers except to provide our Service or as follows:

Aggregated Information. Virtual Town may use aggregated information regarding its customers and usage of our Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
Third Party Service Providers. Virtual Town may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
Enforcement of Agreement or Compliance with Law. Virtual Town may use or disclose personal information when Virtual Town believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Virtual Town or its users or to comply with the law.

You may at any time review and change your personal information stored by Virtual Town at the Site by accessing the My Account page at the Site. You may also request that Virtual Town permanently remove all personal information stored by it at any time by delivering notice requesting such removal. Upon such request, Virtual Town will remove all such information and will not thereafter use personally identifiable information about you except as may be required or permitted by sections (a) and (c) above. Such request will automatically terminate your Account, including your right to access or use the Site and request and receive Services.

Event Policy: Virtual Town

Virtual Town allows registered (“Users”) and non-registered (“Visitors”) users to submit events to our event system. Events submitted should be relevant to the location selected while browsing the the Site or App. For example, when browsing events related to Washington, D.C., it would be appropriate to submit an event related to a Washington, D.C. sports event even if that event takes place outside of Washington, D.C. It would not be appropriate to submit an related to a New York, NY sports event that takes place outside of Washington, D.C.

All events submitted should be community events and not private. A community event is one that anyone is eligible to attend even if there are limits to the number of attendees allowed or if there is a fee due by the attendee to attend such an event. A private event is one that is only open to a select group of attendees either by invitation or affiliation with a specific group.

No Event will be allowed on Virtual Town that promotes violence, discrimination, hate, prejudice, degradation, or other defamatory practices. Decisions about removal of an Event for violating this policy will be made by us at our sole discretion. Users and Visitors who violate this policy may be banned from using Virtual Town in the future.