Terms Of Service

Effective date: April, 17th 2019

WELCOME TO VSWITCHER PLEASE TAKE TIME TO READ OUR GENERAL USER TERMS

These General User Terms ("General User Terms" or "User Terms") are entered into and agreed to by VIRALSOFT LLC, a company based in Oregon, as a condition of accessing and using those Sites and Software. Among other things, these General User Terms govern use of the Sites and software.

Users to whom these General User Terms apply may include, without limitation: potential software buyers, software vendors, software reviewers, industry insiders and media relations professionals (each a "User" or "You").

We reserve the right to update or otherwise modify these General User Terms from time to time. You are responsible for checking these General User Terms periodically for changes and updates. Your use of the Sites and Software following such posted changes and updates constitutes acceptance of such changes and updates.

BY ACCESSING AND USING THE SITE AND SOFTWARE ("Site" or "Software"), YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE LEGALLY BOUND BY THESE GENERAL USER TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE SITES OR Software. In consideration of the premises set forth above, you the User hereby agree as follows:

PURCHASES:

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

AVAILABILITY, ERRORS AND INACCURACIES:

In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.

We may experience delays in updating information on the Service and in our advertising on other websites.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Promotions may be available for a limited time.

SUBSCRIPTIONS AND ADDONS:

Service are billed on a subscription basis ("Subscription(s)") or ("Addons(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Your payment will be taken from the payment method that is saved on your account through the third party payment processor provider being Helcim. Billing cycles are set on a varying basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or VIRALSOFT LLC. cancels it. You may cancel your Subscription by contacting VIRALSOFT LLC. customer support.

A valid payment method, including, but not limited to, credit card or debit card, is required to process the payment for your Subscription. You shall provide VIRALSOFT LLC. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize VIRALSOFT LLC. to charge all Subscription fees incurred through your account to any such payment instruments.

FREE TRIAL:

VIRALSOFT LLC. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by VIRALSOFT LLC.

At any time and without notice, VIRALSOFT LLC. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

FEE CHANGES:

VIRALSOFT LLC., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

VIRALSOFT LLC. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

REFUNDS

Except when required by law, paid Subscription fees or any other payments for our Services are non-refundable unless we, in the rare case, decide otherwise.

If my software happens to not work on your machine for the cases of it being inadequate. I will issue a refund ONLY if customer support is not able to resolve your problem. If customer denies help then there will be no refund issued.

DEFINITIONS:

For a glossary of definitions used in these General User Terms, please click here.

ELIGIBILITY:

The Sites and Software are intended solely for Users who are 18 years of age or older and have paid the required fee to use such site and service. Any access to or use of the Sites or Services by anyone under 18 and who has not paid for it is expressly prohibited. By accessing or using the Sites or Services you represent and warrant that you are 18 years of age or older and have paid for the use of the service.

ACCOUNT REGISTRATION: [to the extent our Sites and Software require a User Account]:

User Accounts.

When creating a User Account, you agree to: (i) provide and keep current accurate and complete information about yourself (ii) maintain the confidentiality of your Account and log-in credentials, if applicable; and (iii) restrict access to all others. You agree to accept responsibility for all activities that occur under your Account. If we have reasonable grounds to suspect that the information you provide is inaccurate, incomplete or impersonates another person has access to such account, we reserve the right to suspend or terminate your Account. All Registration Data will be stored and used in accordance with our Privacy Policy

USE OF WEBSITE AND SOFTWARE:

By accessing and using our Sites and Using the Software, you acknowledge that you are responsible for your actions and for all Content you post. You represent and warrant, to the best of your knowledge:

  • That you have all necessary right, power and authority to enter into these General User Terms and to fulfill your contractual obligations hereunder;
  • That any and all information you post or provide, including, without limitation, as part of any registration or application or to gain access to the Sites or Software, is true, accurate and not misleading and that you will not allow any other person or entity to use your Account.
  • That the information and User Content you upload, post, e-mail, transmit, or otherwise make available to us or on our Sites, including without limitation reviews, trademarks, logos and screenshots, is accurate and free of third party encumbrances;
  • That you will, when using our site and software adhere to our Guidelines and bear all liability related to your submission of such use of our Sites and/or Software;
  • That you will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by us to administer and protect our Sites and Software;
  • That you will not duplicate, download, publish, modify or otherwise distribute our Content for any purpose other than for your own individual use;
  • That you will not collect or "harvest" from our Sites the personal information ("Information") of other Users without their consent for the purpose of transmitting unsolicited commercial mass mailings, "spamming" or for any other unlawful purpose;
  • That you will not access our Sites and Services by any means other than through interfaces expressly authorized by us and these General User Terms;

At our discretion, we may, but are not obligated to, monitor and terminate User activity on our Sites, and/or edit or remove User Content, which violates or otherwise fails to comply with these General User Terms.

INTELLECTUAL PROPERTY RIGHTS:

Our Sites are comprised of Content created by us, and our Users. This section sets out the ownership and usage rights for each type of Content.

Our IP: Our Sites and all intellectual property rights therein, including without limitation the things we create from publicly available or licensed Content, our Services and/or our domain names (collectively, "VIRALSOFT LLC"), is the property of Viralsoft, its Affiliates and/or its authorized licensors, and is protected by U.S. and international copyright, trademark and other intellectual property laws.

We grant to User a worldwide, revocable, royalty-free, non-exclusive license to use, view and download the VIRALSOFT IP for User’s personal, non-commercial use in accordance with these General User Terms and applicable U.S. and international copyright laws.

Except to the extent otherwise expressly permitted under copyright law, User will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the VIRALSOFT IP without the express written consent of VIRALSOFT or the applicable copyright owner.

USER IP: User certifies that User owns or has secured all necessary intellectual property rights in the Content that User uploads, posts, e-mails, transmits or otherwise makes available to us or on our Sites, including without limitation User Reviews ("User IP"), and User further agrees to be liable for all such User IP.

By Creating an account on our Sites or otherwise submitting to User IP to us, User grants to us, worldwide, irrevocable, nonexclusive, royalty-free and fully sub-licensable right to use, reproduce, modify, create derivative works of, publicly display, communicate and distribute (either electronically or via other media now known or hereafter devised) the User IP in the ordinary course of our business.

All intellectual property rights not expressly granted hereunder are expressly reserved to us. WELCOME TO VSWITCHER PLEASE TAKE TIME TO READ OUR GENERAL USER TERMS

These General User Terms ("General User Terms" or "User Terms") are entered into and agreed to by VIRALSOFT LLC , a company based in Oregon, as a condition of accessing and using those Sites and Software. Among other things, these General User Terms govern use of the Sites and software.

Users to whom these General User Terms apply may include, without limitation: potential software buyers, software vendors, software reviewers, industry insiders and media relations professionals (each a "User" or "You").

We reserve the right to update or otherwise modify these General User Terms from time to time. You are responsible for checking these General User Terms periodically for changes and updates. Your use of the Sites and Software following such posted changes and updates constitutes acceptance of such changes and updates.

LIMITATION OF LIABILITY:

Neither we nor User will be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these General User Terms or Your use of our Sites and Services, including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort or under other legal theory), even if advised of the possibility of such damages.

Except for breach of the indemnification and confidentiality sections hereunder, each party’s aggregate liability to the other for direct damages under these General User Terms is limited to USD$100 (one hundred U.S. Dollars). We expressly disclaim liability for any and all disputes arising between Users of our Sites and Services. By accessing and using our Sites and Services, You release us, our parent company and Affiliates from any and all liability for any and all claims arising from disputes between Users of our Sites and/or Services.

INDEMNIFICATION:

Each of us and User (in its capacity as "Indemnitor") agrees to indemnify, defend and hold harmless the other party, its agents, affiliates and employees (in its capacity as "Indemnitee") from and against any and all third party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys’ fees) arising out of or relating to a violation of these General User Terms, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.

TERMINATION:

Termination by Us. We reserve the right in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) User’s access to our Sites and Services, or any part thereof if we believe that User is violating these General User Terms. If User uses or attempts to use our Sites and/or Services for any purpose that contravenes these General User Terms (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of our Sites and Services), User may also be subject to civil and criminal liability.

Termination for Convenience. By User. User may terminate its User Account at any time by sending an email request to [email protected] We will endeavor to remove your User Account within 5 (five) business days. While you still may be able to access certain portions our Sites and Services following termination of your Account, you will no longer have access to the full functionality. By Us: We may in our sole discretion terminate your User Account, or impose limits on or restrict your access to parts or all of our Sites and/or Services at any time, without notice or liability.

FORCE MAJEURE:

Neither party will be liable for any failure or delay of performance under these General User Terms resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes and power failures.

GOVERNING LAW:

These General User Terms are governed by the laws of Oregon, except for its conflicts of interest principles. All claims arising out of or relating to these General User Terms will be litigated exclusively in the federal or state courts of Oregon, and each of Software user and account registered on our Site consents to personal jurisdiction in those courts.

WAIVER AND SEVERABILITY:

Our failure to act with respect to a breach of these General User Terms will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these General User Terms shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these General User Terms.

ENTIRE AGREEMENT

These General User Terms, along with our Community Guidelines and our Privacy Policy, constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof; and supersede, replace any/or nullify any conflicting or additional terms.

MALICIOUS ATTEMPTS:

All malcious attempts being plotting, conspiring, cracking, exploiting or neglicence towards VIRALSOFT LLC will be a direct violation of the terms of service.

DATA PROTECTION:

Each of us and User agrees, in fulfilling its respective obligations under these General User Terms, to comply with all applicable data privacy legislation and with the terms of our Privacy Policy, which describes how we collect, use and safeguard your personal information (Information) to administer your Services and Site experience. By communicating with us via e-mail or by submitting content, including reviews- or any other transactional exchange on our Sites, you consent to receive e-mail or other electronic communications from us and our Affiliates. We also take Security seriously and endeavor through the use of industry standard technical, physical and operational controls to ensure that our Services and Sites are compliant with all applicable laws.

REPRESENTATIONS & WARRANTIES:

User represents and warrants to the best of its knowledge: (i) that it has all necessary right, power and authority to enter into these General User Terms and to fulfill its contractual obligations hereunder; (ii) that the information that it uploads, posts, e-mails, transmits, or otherwise makes available to us or on our Sites, including without limitation content, reviews, screenshots, is accurate and free of third party encumbrances; (iii) that it has not breached any third party rights, including without limitation: intellectual property, publicity or privacy, consumer protection, tort and product liability rights; (iv) that it complies with all applicable security standards and is free from any viruses, including without limitation malware or Trojan horses; and (v) that it complies with all applicable laws, statutes, ordinances and regulations.

DISCLAIMER:

YOUR USE OF OUR SITES AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT OUR SITES WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITES IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.

Refusal of Service

Due to the event of any hostile circumstance under federal law have the right to refuse business. Due to creating hostile circumstances for our customers we have concluded to refuse business to the following.

  1. You are not Charles Greve also know with the username Root, are not a family member or acquaintance of the aforementioned.
  2. You are not an employee of Jagex LTD, RuneScape or FunOrb, and are not a family member or acquaintance of the aforementioned.
  3. You are not an employee of any law firm contracted with Jagex LTD, and are not a family member or acquaintance of said firm.