Terms of Service
We run a web service called Virable.net and would love for you to use it. We have tried to price this service as low as possible, while still attempting to put food on the table. Our basic service includes a setup fee and monthly subscription fee found on the Get Virable page of this site. Our service is designed to provide socially acceptable content that feeds through your Virable.net website and to your Facebook and/or Twitter accounts. Some Virable users choose to create and publish their own content on their Virable site. We encourage this practice but request that all content be socially acceptable and refrain from all profanity, nudity, pornography, racist, or otherwise offensive material that your mother would disapprove of.
(Note, Automattic Inc. decided to make the below Terms of Service available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and re-purpose it for your own use, just make sure to replace references to us with ones to you, and if you want they’d appreciate a link to WordPress.com somewhere on your site. They spent a lot of money and time on the below, and other people shouldn’t need to do the same.)
Terms of Service:
The following terms and conditions govern all use of the Virable.net website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Virable.net (collectively, the “Agreement”).
Please read this Agreement carefully before accessing, purchasing, or using the Website. By accessing, purchasing, or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Virable.net, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your Virable.net Account. If you choose to publish any of your own content on your Virable Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Virable.net of any unauthorized uses of your account or any other breaches of security. Virable.net will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Fees and Payment. By subscribing to this service you agree to pay Virable.net the one-time setup and monthly subscription fees indicated for that service. Payments will be charged on the day you sign up for the service and will cover the use of that service for a monthly period as indicated. Setup and service fees are not refundable.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Virable.net links, and that link to Virable.net. Virable.net does not have any control over those non-Virable.net websites and webpages, and is not responsible for their contents or their use. By linking to a non-Virable.net website or webpage, Virable.net does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Virable.net disclaims any responsibility for any harm resulting from your use of non-Virable.net websites and webpages.
4. Intellectual Property. This Agreement does not transfer from Virable.net to you any Virable.net or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Virable.net. Virable.net, the Virable.net logo, and all other trademarks, service marks, graphics and logos used in connection with Virable.net, or the Website are trademarks or registered trademarks of Virable.net or Virable.net’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Virable.net or third-party trademarks.
5. Changes. Virable.net reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Virable.net may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
6. Termination. Virable.net may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Virable.net account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Virable.net if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Virable.net’s notice to you thereof; provided that, Virable.net can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Also, you may terminate (or unsubscribe) from the Virable service at any time using the PayPal Unsubscribe button found at http://virable.net/buy-now.
7. Disclaimer of Warranties. The Website is provided “as is”. Virable.net and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Virable.net nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
8. Limitation of Liability. In no event will Virable.net, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Virable.net under this agreement during the twelve (12) month period prior to the cause of action. Virable.net shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. Indemnification. You agree to indemnify and hold harmless Virable.net, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
11. Miscellaneous. This Agreement constitutes the entire agreement between Virable.net and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Virable.net, or by the posting by Virable.net of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Riverside County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Riverside, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Virable.net may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.