Terms of Use
Welcome to the VRex Web Site ("Site"). Please review the following
basic terms that govern your use of and purchase of products from our Site.
Please note that your use of our Site constitutes your agreement to
follow and be bound by those terms (the "Agreement").
GENERAL
We may from time to time change the terms that govern your use of
our Site. Please check the Terms periodically for changes. Your use
of our Site following any such change constitutes your agreement to
follow and be bound by the terms as changed.
We may change, move or delete portions of, or may add to, our Site from time to time.
SITE CONTENTS
Unless otherwise noted, all materials, including images,
illustrations, designs, icons, photographs, video clips,
and written and other materials that appear as part of
this Site (collectively, the "Contents") are copyrights,
trademarks, patents, trade dress or other intellectual
properties owned, controlled or licensed by VRex, Inc.
collectively, and/or affiliates ("VRex"). The Site as
a whole is protected by copyright and trade dress, all
worldwide rights, titles and interests in and to which
are owned by VRex. VR Surfer and all other VRex trademarks
appearing at this Site are trademarks of VRex, Inc.
The Contents of our Site, and the Site as a whole, are
intended solely for personal, noncommercial (other than
for the purchase of merchandise from our site) use by
the users of our Site. You may download or copy the
Contents and other downloadable materials displayed
on the Site for your personal use only. No right,
title or interest in any downloaded materials or
software is transferred to you as a result of any
such downloading or copying. You may not reproduce
(except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or
participate in any sale of, or exploit in any way, in
whole or in part, any of the Contents, the Site, or
any related software. Systematic retrieval of data
or other content from this site to create or compile,
directly or indirectly, a collection, compilation,
database or directory without written permission from VRex is prohibited.
As noted above, reproduction, copying, or redistribution
for commercial purposes of any materials or design elements
on this site is strictly prohibited without the express
written permission of VRex. Permission is granted only
when certain limited criteria are met. For information
on requesting such permission, please click here.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
1. grant VRex and its affiliates and licensees the right to use,
reproduce, display, perform, adapt, modify, distribute, have distributed,
and promote the content in any form, anywhere and for any purpose; and
2. warrant and represent that you own or otherwise control all of
the rights to the content and that public posting and use of your
content by VRex will not infringe or violate the rights of any third party.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is
accessible on this site in a way that constitutes
copyright infringement, you may notify VRex. Click here for instructions.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted or offered to
VRex on or by this Site or otherwise disclosed, submitted
or offered in connection with your use of this Site
(collectively, "Comments") shall be and remain VRex's
property. Such disclosure, submission or offer of any Comments
shall constitute an assignment to VRex of all worldwide rights,
titles and interests in all copyrights and other intellectual
properties in the Comments. Thus, VRex will own exclusively
all such rights, titles and interests and shall not be limited
in any way in its use, commercial or otherwise, of any Comments.
VRex is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay to user any compensation
for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site
will violate any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s).
You further agree that no Comments submitted by you to the Site
will be or contain libelous or otherwise unlawful, abusive or
obscene material. You are and shall remain solely responsible
for the content of any Comments you make.
You agree that VRex may use and/or disclose information
about your demographics and use of the Site in any manner
that does not reveal your identity. By participating in
Site sweepstakes, contests, promotions, and/or requesting
promotional information or product updates, you agree that
VRex may use your information for marketing and promotional purposes.
VRex 's COMMUNICATIONS TO YOU
You agree that VRex may send electronic mail to you
for the purpose of advising you of changes or additions
to this Site, about any of VRex's products or services,
or for such other purpose(s) as VRex deems appropriate.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services
and resources, the availability and content of which VRex does
not control, any concerns regarding any such service or resource,
or any link thereto, should be directed to the particular outside
service or resource.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT VREX SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INDEMNIFICATION
You agree to defend, indemnify and hold VRex harmless from
and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your
use of the Site.
MISCELLANEOUS
This Site is controlled and operated by VRex from its offices in Elmsford, New York.
This Agreement shall be construed in accordance with the
laws of the State of New York, without regard to any conflict
of law provisions. Any dispute arising under this Agreement
shall be resolved exclusively by the state and federal courts
located within the State of New York, County of Westchester.
TERMINATION
This Agreement is effective unless and until terminated
by either you or VRex. You may terminate this Agreement at any
time. VRex also may terminate this Agreement at any time and
may do so immediately without notice, and accordingly deny
you access to the Site, if in VRex's sole discretion you
fail to comply with any term or provision of this Agreement.
Upon any termination of this Agreement by either you or VRex,
you must promptly destroy all materials downloaded or otherwise
obtained from this Site, as well as all copies of such materials,
whether made under the terms of this Agreement or otherwise.