What’s in These Terms
Who we are and how you can contact us.
Virily.com is a Site operated by Virily OÜ (“we” or “us”), a company duly established and existing under the laws of the Republic of Estonia, registry code 14252538, address Sepapaja 6, Tallinn 15551, Estonia.
We are a limited liability company.
To contact us, please email us.
The terms you accept when you use our website
The other terms that may apply to you.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
We may change these terms.
We may update and/or change our Site.
We may update and/or change our Site from time to time, and may change the content. We try to ensure our Site and its content are correct; but we cannot and do not guarantee that our Site, or any of its content, will be free from errors and/or omissions. Any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
We may suspend or withdraw our Site.
Our Site is made available free of charge
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or restrict the availability of all or any part of our Site without notice.
We will not be liable to you if for any reason our Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site.
Access to certain areas of our website is restricted to registered users. In order to become a registered user, you must create an account. You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.
Keeping your account details safe.
If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you know your password, you must promptly notify us at firstname.lastname@example.org.
Making use of the material on our Site.
We are the owner or licensee of all the intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on our Site.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, refraining from, any action based on the content on our Site.
Although we attempt to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
We are not responsible for websites we link to.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information and convenience only. The inclusion of any link does not imply and should not be interpreted as endorsement or approval by us of those linked websites or information you may obtain from them or any association with the operators of the linked websites.
We have no control over the contents of those sites or resources and are not responsible for the contents of any linked site.
User generated content is not approved by us.
Our Site includes information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users, please refer to our contact details in section 1 (Who we are and how to contact us) above.
When we will be responsible for loss or damage suffered by you.
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to our Site or any content on it, whether express or implied.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of reliance on any content displayed by our Site.
- In particular, we will not be liable for:
- loss of profits, sales, business or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
If you are a consumer user:
- Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
Rules about uploading content to our Site.
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all your ownership rights in your content, but you are required to grant us a limited licence to use, store, copy and to distribute and disclose it to third parties any such content for any purpose. The rights you license to us are described in section 14 (Rights you are giving us to use material you upload) below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
Rights you are giving us to use material you upload.
You own the rights to the content you post on the Site but when you upload or post content to our Site; you grant a perpetual, non-exclusive, transferable, sub-licensable, royalty free, worldwide licence to use, copy, reproduce, process, adapt, prepare derivative works of, modify, publish, transmit, display and distribute any IP content that you post on our Site in any and all media or distribution methods (not known or later developed).
You agree that this licence includes the right for us to provide, promote, and improve our Site and to make content submitted to or through our Site available to other companies, organisations or individuals who partner with us for the syndication, broadcast, distribution or publication of such content on other media and services, subject to our terms and conditions for such content use.
Such additional uses by us, or other companies, organisations or individuals who partner with us, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through our Site. With the exception of the Virily Rewards Program, the rules of which are set out in Section 17 (Rules about account membership) and 18 (Virily Referral Program) below.
We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
You also understand that when you publish content or information it will be public which means that you are allowing everyone, including people not on our Site, to access and use that content and information, and to associate it with you.
We are not responsible for viruses and you must not introduce them.
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Rules about linking to our Site.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned to you. Our Site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our Site other than that set out above, please contact email@example.com.
Rules about account membership.
In order to use of some of the features on our Site, you will be required to set up an account with us (an “Account”). By creating an Account, you permit us to add advertisement and other content (“Ads”) to any content you upload to our Site.
Unless expressly authorised in writing by us, you may not enter into any type of arrangement with a third party, whereby that third party receives payments made to you under these terms of conditions or other financial benefit in relation to the content you have uploaded to our Site.
In addition to our other rights and remedies, we may require you to refund us within 30 days of any invoice, any amounts that we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the content you have uploaded to the Site, you must notify us in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. If an advertiser whose Ads are displayed on any content you have uploaded to the Site defaults on its obligation to make payment to us, then we reserve the right to withhold payment to you or chargeback your Account.
To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider.
As between you and us, we are responsible for all taxes (if any) associated with the transactions between advertisers and us in connection with Ads displayed on the content uploaded by you. You are responsible for all taxes (if any) associated with any income made from your use of the Site, other than taxes based on our net income. Any payments made by us to you in relation to your use of the Site will be ed as inclusive of tax (if applicable) and will not be adjusted.
You may terminate your Account at any time by completing the Account cancellation process available under settings tab in your profile ((you must be logged in to terminate your account). Your Account will be terminated within 10 workings days of us receiving your notice to terminate. If you terminate your Account and your earned balance equals or exceeds the applicable threshold, we will pay you such earned balance within 90 days after the calendar month in which your Account is terminated. Any amount below the applicable threshold will not be paid.
Virily Referral Program
The Virily Referral Program allows registered Virily users (an “Virily Users”) to earn credit in their Virily Wallet by referring friends to Virily. Virily users can earn credit if: (i) a referred friends clicks on their referral link to create a valid Virily account that complies with this Terms and Conditions ;
Referral Links should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends. You should not take any of the following actions: (i) refer customers using spam, display advertising, sponsored links, unsolicited e-mails, or links on message boards or forums; or (ii) use false names, impersonate other people, or otherwise provide false or misleading information to us; or (iii) create multiple Virily accounts; or (iv) violate these terms or any other terms and conditions on Virily.com.
A referred friend may only use one referral link. If a referred friend receives referral links from multiple Virily Users, only the corresponding Virily User of the last referral link used by the referred friend before creating an Account will receive referral credit.
Which country’s laws apply to any disputes?
We are independent contractors
The parties are independent contractors and the Agreement does not create an agency, partnership or joint venture.
Our trademarks are registered.
“VIRILY” is the subject of a Community Trade Mark application; both the name and the logo are protected as unregistered trade marks (known as rights in passing off) and the logo is protected by copyright and design right, all owned by Virily OÜ. You are not permitted to use them without our approval, unless they are part of material you are using as permitted in section 8 (How you may use material on our Site) .
This is our entire agreement.
Waiver and Severability.
Last updated: May 03,2017