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Terms of Use

Last updated: May 15, 2022

VIRB, INC.

Acceptance of the Terms and Conditions

This Terms of Use Agreement, along with all other agreements, disclaimers and disclosures displayed on Site (collectively, the “Agreement”) states the terms and conditions under which you may use the website located at www.virb.io, all Virb, Inc. (“Virb”) operated microsites, related subdomains, redirects, emails, other applications owned and operated by Virb, and all content and services available and accessible therein (collective, the “Site”). Please read this Agreement carefully before browsing the Site, and the included linked information such as Virb’s Privacy Policy, which are hereby incorporated by reference into this Agreement. This Site is provided by Virb and contains various information in the form of data, text, reports, software, graphics, videos, photographs, templates, agreements, other writings and images, and other materials relating to and/or provided by Virb and its third-party content providers (collectively, the “Content”).

By accessing, browsing and/or using this Site and its Content, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. You cannot use this Site if you do not accept the terms of this Agreement. If you are using the Site on behalf of an entity, you represent and warrant that you have full authority to bind that entity to the terms of this Agreement.

Virb reserves the right to amend this Agreement at any time and from time to time. You should check this Agreement, available through a link on all of the Site’s pages, each time you use the Site to determine if any changes have been made. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.

Age Restriction

The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are at least 18 years of age or the age of majority in their state or territory of residence (if higher than 18), and who are not barred from using the Site under applicable laws.

General Use

All Content on the site is for personal informational and non-commercial purposes only.  Your right to use the Content is conditioned on your compliance with the terms of this Agreement.  All content on this Site is protected by copyright. Permission is hereby granted to electronically copy and to print in hard copy, limited portions of the Content published by Virb on this Site for the sole purpose of using the Content contained therein for personal informational and non-commercial use.  No right, title, or interest in any Content is transferred to you as a result of copying, printing, or any downloading of such Content. Except as specifically permitted herein, you have no other rights in the Site or Content, and you are not authorized and may not use the Site or any of its Content to do the following without the prior written approval of Virb or the applicable copyright owner:

  1. modify, edit, reproduce, distribute, download, refurbish, transmit, adopt, post electronically or mechanically, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any portion of the Site or the Content in any manner;
  2. publicly display or publicly perform, reproduces or distributes any part of the Content;
  3. violate any local, state, national, foreign or international statute, law, regulation, order or other treaty;
  4. stalk, harass or harm another individual or entity;
  5. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  6. interfere with or disrupt the Site or the Content, servers or networks connected to the Site;
  7. data mining, robots or similar data-gathering or extraction methods in connection with the site and Content; attempt to gain unauthorized access to any portion of the Site, or any other accounts, computer systems, servers, or networks connected to the Site; or
  8. for any other use of the Content on this Site, including for public or commercial purposes.

In the event of breach of any of the terms of this Agreement, the licenses granted in this Agreement will terminate automatically and you must immediately destroy any downloaded or printed Content (and any copies of the Content). Any opinions expressed through the Content of this Site are the opinions of the particular author and may not reflect the opinions of Virb.

Use of Cookies

This Site may use cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to help us identify you when you come to our Services. For information on how we use cookies on this website, see our Use of Cookies Policy.

 Password Restricted Area of this Website

Although you do not need to register with Virb to visit and view the Site, in order to use certain services provided on the Site, you must successfully register an account with Virb. If an account is required, the supplemental terms applicable to such services will describe the account creation process.

For so long as you use the account, you agree to provide true, accurate, current, and complete information. If you have issues logging into your account, please email hello@virb.io.

You are responsible for maintaining the confidentiality of your account password, and for all activities that happen on and through your account. You agree not to share your account password, let others access or use your password, or do anything else that might jeopardize the security of your password. You agree to notify us if your password is lost or stolen, if you are aware of any unauthorized use of your password, or if you know of any other breach of security in relation to our Site.

Intellectual Property Rights

You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Virb or its licensors. You agree to comply with all intellectual property laws, and you shall not encumber any interest in, or assert any rights, title or interest to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may electronically copy or print a reasonable number of hard copies of the Content for your personal and non-commercial use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Trademarks

The Site and Content includes registered and unregistered trademark that are the property of Virb. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Virb. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Virb’s Trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of Virb Trademarks will inure to the benefit of Virb.

Linking and Framing

Virb prohibits the use of any links to the Site from any other websites unless establishment of such a link is approved in advance in writing by Virb. You may not frame any elements of this Site with any other website without Virb’s prior written permission.

Communications with Virb

Please be advised that we cannot guarantee the confidentiality of any communication or material transmitted to us via the Site or via electronic mail. Accordingly, we suggest that you use caution when transmitting any information to us via the Internet. Virb expressly disclaims any liability for damages resulting from third-party interception of your communications with us via the Internet. If you choose to send us any information via the Site or via e-mail, you do so solely at your own risk.

Copyright Infringement

Virb is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Virb will promptly process and investigate notices of alleged infringement and will take appropriate actions. Virb has a policy of removing third-party content that violates the intellectual property rights of others, suspending access to this Site to any user who uses this Site in violation of someone’ else’s intellectual property rights, and/or terminating, in appropriate circumstances, the account of any user who uses this Site in violation of someone else’s intellectual property rights.

Notification of Claimed Infringement

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”), if you believe a user of this Site or this Site contains Content that infringes your copyright or other intellectual property rights, please provide written notice to Virb’s designated agent listed below for claims of copyright infringement with the following information. Unless the written notice relates to copyright or other intellectual property infringement, Virb’s designated DMCA agent will be unable to address the listed concern.

Virb’s designated DMCA Agent may be contacted as follows:

Benjamin Sigel
Chief Legal Officer
Virb, Inc.

258 Harvard St. #344
Brookline, MA 02446
bsigel@virb.io

Telephone: 984-664-5576

Your written notice to Virb’s DMCA Designated Agent must include the following information:

  • Your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a manner precise enough to allow us to locate that material;
  • Your contact information (including your full name, physical address, telephone number, and email address);
  • Contain a statement that you have a good faith belief that the use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent, or the law; and
  • Contain a statement, under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Counter Notification

Virb will notify you when we have removed or disabled access to copyright-protected material that you provided if the removal is in response to a validly received notice. In response, you may provide our Designated DMCA Agent with a written counter notification that must include the following information:

  • Your physical or electronic signature;
    • Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    • Contain a statement from you under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    • Your name, physical address, and telephone number and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Virb may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of that person.

Termination of Repeat Infringers

Virb reserves the right, in our sole discretion, to terminate the account or access of any user of the Site if he/she/they are a repeat infringer.  If you believe that a user of Virb’s Site is a repeat infringer, please contact Virb’s Designated DMCA Agent and provide sufficient information for us to verify that the user is a repeat infringer.

Links to Other Websites

This Site may periodically provide links to third-party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third-Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third-Party Site. Virb does not control these Third-Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. You should also refer to the separate terms of use, privacy policies and other rules posted on Third-Party Sites before you use them.

Use of Third-Party Services

The Site contains certain services and functions provided by third-parties. To help provide these services and functions to you, you agree that Virb may share your information that is needed to provide such services and functions to such third-parties. 

Removal of Content

Virb reserves the right to remove any material on the Site that is unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, profane, indecent, or otherwise objectionable to Virb at our sole discretion.  You agree that Virb may remove any of your communications without notice, whether or not we believe that your communications violate this Agreement.

Communicating Publicly

The Site may contain services that enable you to communicate to members of the Site or the public. You agree not to use such communication services in any prohibited way. Prohibited uses include, but are not limited to: offering to sell or buy anything, attempting to violate or violating the legal rights of others including their rights concerning use of this Site, posting profane or obscene materials, uploading files that you do not have the intellectual property rights over or files that may cause harm, privacy violations, or causing undesirable effects to other’s computers. Virb does not review all content that is posted on the Site by its users. Therefore, Virb may not be held liable based on your conduct or the conduct of others that use its communication services.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF VIRB, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “VIRB PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE VIRB PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF THE VIRB PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ANY OF THE VIRB PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE VIRB PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE VIRB PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

Indemnification

You agree to make Virb and its shareholders, partners, members, directors, officers, co-branders, subsidiaries, parents, employees, and agents, whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees and costs) arising from your use of the Site or any violation of this Agreement.

Operational Locality

Virb controls and operates this Site from our headquarters in the United States of America and the entirety of this Site may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are solely responsible for following applicable local laws. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.

Feedback

Unless expressly provided otherwise, if you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively “Feedback”), suggesting or recommending changes to the Site or the Content, including new features or functionality relating to the Site or the Content, all such Feedback is and will be treated as non-confidential and non-proprietary. You assign all right, title, and interest in, and Virb is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever. Where the above-assignment is prohibited by law, you grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree that we are not obligated to use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel our use, display, reproduction, or distribution. 

Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, except with regard to its conflicts or choice of law rules. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site.

If any dispute arises out of or in connection with this Agreement or your use of any Content or this Site or your access to or links to this Site, you must first provide Virb an opportunity to resolve the dispute by providing notification by emailing hello@virb.io (1) your full name; (2) your address; (3) your email; (4) your telephone number; (5) a description of your claim; and (6) a description of the specific relief you are seeking. If Virb is unable to resolve the dispute within forty-five (45) days after receiving your written notification, then you and Virb will attempt to resolve that dispute confidentially, initially through Alternative Dispute Resolution (“ADR”). All disputes must be brought within the applicable statute of limitations established by law.

Should the parties be unable to agree on a mutually acceptable use of ADR, the parties hereby agree that all such disputes will be subject to mandatory binding arbitration under the JAMS rules and procedures, by a single JAMS arbitrator selected in accordance with JAMS selection procedures. The arbitrator will be selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator, then the complaining party will notify JAMS and request selection of an arbitrator in accordance with JAMS rules and procedures. Any such arbitration shall be held in a neutral or mutually agreed upon location in the United States of America, to be mutually agreed upon by the parties or, absent agreement, decided by the arbitrator, and shall be confidential. All parties hereby agree to waive rights to a trial by a jury or a judge.

The arbitrator will have authority to award equitable relief, damages, costs, and fees as a court would have for a particular claim asserted, and any action of the arbitrator in contravention of this limitation may be the subject of court appeal by the aggrieved party. All other aspects of the arbitrator’s ruling will be final, conclusive, and binding, and the parties agree that they will abide by and perform any award rendered by the arbitrator. The arbitrator shall issue a reasoned opinion, in writing, and therein state the essential findings of fact and conclusions of law on which the decision and award, if any, is based. The parties agree that the arbitration proceedings themselves will be considered confidential, and no outcome or award will be published by the arbitrator or parties, whether directly or through their agents. Each party shall bear its own respective attorneys’ fee and all other costs, unless otherwise required or allowed by law and awarded by the arbitrator. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable attorneys’ fees to the prevailing party in accordance with applicable law. Judgment on the award of the arbitrator may be entered in any court, which would otherwise have had jurisdiction over the matter.

Modifications

Virb reserves the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability. Virb also reserves the right to change, update, add, or remove provisions of the terms of this Agreement at any time without prior notice or liability. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. By using this Site, you agree to be bound by any such modifications to the Site, Content or terms of the Agreement, and should therefore, periodically visit this page to determine the current terms of the Agreement to which you are bound. It is your sole responsibility to check the Site from time to time to view any such changes to the terms of the Agreement. If you do not agree to any modifications, you must immediately stop using the Site.

Miscellaneous

In the event that any portion of this Agreement is held to be invalid or unenforceable, such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Operational Locality, and Miscellaneous shall survive the termination of this Agreement.

You expressly absolve and release Virb from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing.

This Agreement contains the entire agreement of the parties concerning your use of this Site and supersedes all prior or existing agreements and all other oral, written, or other communication between the parties concerning its subject matter.