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Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES.

BY CLICKING “I AGREE” OR DOWNLOADING OR USING SERVICES OR PURCHASING PRODUCTS TO WHICH THIS AGREEMENT RELATES, YOU ACCEPT ALL OF THIS AGREEMENT’S TERMS (”Terms of Service, Terms”) , INCLUDING THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON DAMAGES, USE AND TRANSFERABILITY. IF YOU DO NOT ACCEPT THIS AGREEMENT’S TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE PRODUCT OR RECEIVE OR USE THE SERVICES. If you choose to register as a member of the Services or purchase products from Terra Virtualis, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth herein below as ("Additional Terms"). In the event of a conflict amongst the Agreements, the Terms of Service shall control except as expressly provided otherwise. All capitalized terms have the meanings set forth in the Terms of Service, unless otherwise stated.

1. Your Status

In this Agreement, “you” means the person or entity acquiring rights in the Products or purchasing Services. That may be a natural person, or a formed and lawful corporate or business entity or organization.

(a) If you are a natural person then you must be, and you confirm that you are, at least 13 years old. If you are between 13 years and the age of majority in your jurisdiction of residence, you confirm that your parent or legal guardian has reviewed and agrees to this Agreement and approves that access you access and use the Products or receive the Services.

(b) If you are a corporate entity then: (i) the rights granted under this Agreement are granted to that entity; (ii) you represent and warrant that the individual completing and accepting this Agreement is an authorized your representative and has the authority to legally bind that you to the Agreement; and (iii) to the extent that one or more of your employees are granted any rights in the Product or to receive Professional Services under this Agreement, you will ensure that your employees comply with this Agreement and you will be responsible and liable for any breach of this Agreement by any employee.

Your Status

2. Terra Virtualis

Terra Virtualis is an art-focused educational non-profit corporation based out of Norwalk, Iowa, and references in this Agreement to ‘Terra’ ‘TV’ Terra Virtualis’ ’We’ ’Us’  are to that corporation. Terra Virtualis provides the service on an “AS IS” and “AS AVAILABLE” basis and reserves the right to modify, suspend, or discontinue the Services, at its sole discretion, any time and without notice.

Terra Virtualis grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights and privileges not expressly granted to you by these Terms.

Except as permitted through the Services or as otherwise permitted by us in writing, without limitation, your license does not include the right to:


 

License, sell, transfer, assign, distribute, host, or otherwise commercially use or in any way exploit the Services or Content;
 
Modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or

Access the Services or Content in order to build a similar or competitive website, product, program, format or service;

Publish, sell distribute or otherwise make the Product available to others to use, download or copy;

Transfer or sub-license the Product or any rights under this Agreement to any third party, whether voluntarily or by operation of law;

Use the Product for any purpose that may be defamatory, threatening, abusive, harmful, exploitative, or invasive of anyone’s privacy, or other rights or that may in any way violate any law or give rise to any civil or other liability;

Misrepresent yourself as the creator or owner or licensor of the Content.

Terra Virtualis

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to the content or to the functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof, or for any error in the content or in functionality, You agree that we will not be liable to you for any modification, suspension, or discontinuance of the Product or Service.

3. Copyright

Terra Virtualis is, unless otherwise stated, the owner of all copyright and all other data rights in the Service and its contents. By uploading or submitting content to the Services, individuals who have posted works to Terra Virtualis represent and warrant that they are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Terra Virtualis or the appropriate owner of copyright in such works.

 

Terra Virtualis does not claim ownership rights in your works or other materials posted by you to Terra Virtualis ("Your Content"). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted in writing to do so by us or by use of functions on the Service provided by us.

All brand, product, and services names used by these Services which identify Terra Virtualis or other third parties and their respective products and Services, are proprietary makes of Terra Virtualis and/or the relative third party. No part of these terms gives you any rights or interest of any kind with respect to any such brands, products, or services including and related to any images, logos, or names.

Copyright

4. Reporting Copyright Violations

Terra Virtualis respects intellectual property rights and expects its users and partners to do so as well. Terra Virtualis may remove any content at its sole discretion that violates any part of these terms, the law, or intellectual property rights. Violators of these rights may be subject to terminated accounts, deleted content, and prevented access from the website and the Services. If you believe the copyright in your work or in the work for which you act as an agent has been infringed on through the Services, please contact the Terra Support Team with a Notice of Claims of Copyright Infringement to support@terravirtualis.com. You must be able to provide the Terra Support Team with the following information, which will be sent to the alleged infringer (see 17 U.S.C 512(c)(3) for more information)

Reporting Copyright Violations


A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.


Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and all information reasonably sufficient to permit the service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Terra Virtualis for certain costs and damages.

5. External Links

The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any use, contact, or transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.

If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations at your own risk. Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Terra Virtualis, and the rules for your Promotion must require each entrant or participant to release Terra Virtualis from any liability related to the Promotion.

External Links

6. Restrictions

You are responsible for any of Your Content you upload, download, or otherwise copy, distribute, or display using the Service. You must have the legal right to copy, distribute, and display all parts of any content that you upload, download, and otherwise copy, distribute, and display. Content provided to you by others or made available through websites, magazines, books, and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed, or displayed without the consent of the copyright owner or as otherwise permitted by law. Please review the Content Policy, which is part of these Terms, and contain rules about prohibited content and conduct. In addition to what is prohibited in the Content Policy, you may not do any of the following:


Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.

Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.

Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.

Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights.

Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Terra Virtualis.

Engaging in harassment, threats, stalking, spamming, or vandalism;

Soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved Terra Virtualis;

Soliciting personally identifiable information from anyone under the age of 18 for an illegal purpose or violating any applicable law regarding the health or well-being of minors;

Intentionally or knowingly posting content that constitutes libel or defamation;

Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive; and
Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law.

​With the intent to deceive, posting content that is false or inaccurate;
 or otherwise having reason to know that such content is false or inaccurate.

We encourage you to promptly report content or conduct that you believe violates these Terms or our Content Policy. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email support@terravirtualis.com

7. Conduct and Indemnity

Conduct and Indemnity

You agree that you will not directly or indirectly interfere with or disrupt (or attempt to interfere with or disrupt) the Services or networks connected to the Services, or to disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or provide any information to Terra Virtualis that is misleading, that attempts to conceal your identity or that you do not have the rights to disclose. Use software or other automated means to increase web traffic, gain unauthorized access to any data, network, or system, conduct or promote any commercial activity, gamble, obtain personal information from other users or information about a third party without their explicit consent, artificially inflate or alter ratings, views or statistics, falsify any data or information, delete or modify any copyright or other intellectual property notice, sell or transfer your account or allow third parties access to it, upload to or transmit any software, data, or file that contains a virus, trojan, worm or other harmful software or component. You agree to fully defend, indemnify, and hold Terra Virtualis completely harmless, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses including, without limitation, reasonable legal and expert fees, arising out of in any way connected with you access to or use the Services, or any violations of these Terms.

8. Paid Services and Payment Information

There are no fees for the use of many aspects of the Services. However, some services (such as Admission Tickets used by Partner Galleries, Tokens as 'tips' for artists) may be available with purchase (“Paid Service”) In addition to these Terms, by purchasing or using Admission Tickets you further agree to the Virtual Goods Agreement.


You may make purchases from Terra Virtualis through the payment options made available on the Services. You must comply with the terms of all agreements between you and any third-party payment processor and if you have any disputes regarding the processing you must deal directly with the processor to resolve any such claims. Terra Virtualis may change the fees or benefits associated with Paid Services from time to time with reasonable advance notice. Temporary events such as Promotions will not be notified.

Paid Services and Payment Information

9. Disclaimer

Disclaimer

TERRA VIRTUALIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICES, OR THE CONTENT OR THE PRODUCTS, PROVIDED THROUGHOUT THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TERRA VIRTUALIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. TERRA VIRTUALS MAKES NO WARRANTY, OF ANY KIND EXPRESS OR IMPLIED,  AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT TERRA VIRTUALIS IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE, WRONGFUL, OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITIES FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT, EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, TERRA VIRTUALIS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF TERRA VIRTUALIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVES AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOW ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL TERRA VIRTUALIS AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO TERRA VIRTUALIS TO THIS AGREEMENT.
 

10. Limitations of Liability

Limitations of Liability

IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL TERRA VIRTUALIS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS AND SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA OR OTHER PROBLEM RESULTING THEREFROM. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

11. Governing Law

Governing Law

Any claims that arise out of or relating to these Terms or the Services will be governed by the laws of the federal government of the United States of America and as consistent with the laws of the State of Iowa without regard to its conflict of laws rules. To the extent permitted by federal law, all disputes related to these Terms or the Services will be brought solely in the federal or state court located in Des Moines, Iowa, and you consent to personal jurisdiction in these courts.

12. Termination

Termination

You may terminate these Terms at any time and for any reason by deleting your account or discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.

We may suspend or terminate your Account, or ability to access or use the Services at any time for any reason including violations of these terms.

The following sections will survive termination of these Terms or of your Account: Content Policy, Conduct & Indemnity, Disclaimer, Limitation of Liability, Governing Law, Termination and Additional Terms.

13. Additional Terms

Additional Terms

You may be asked to agree to additional terms before using specific Services offered by Terra Virtualis and/or its partners (“Additional Terms”). To the extent that any Additional Terms conflict with these Terms, the Additional Terms govern with respect to the use of the corresponding Services.

To use virtual goods, you must agree to Virtual Good Agreement.
 

Contact:


Terra Virtualis
P.O. Box 222
Norwalk, IA 50211

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