General Terms and Conditions of Use
Valid as of 12 September 2020 - as of 22.02.21
1. Acceptance of these GTC
2. Accounts and passwords
You must have a user account ("User Account") to use Kasama. Your User Account must be created with a valid email address. In each case, you agree to: (1) provide true and accurate account information, (2) choose a strong and secure password, (3) keep your password secure and confidential, (4) not transfer or attempt to transfer your User Account or any registration or subscription to any other party, (5) notify VRTLZE immediately of any breach of password confidentiality, and (6) delete and close your User Account if you no longer wish to use it. VRTLZE reserves the right to terminate or suspend your User Account if it reasonably suspects that fraud or unauthorised activity has occurred with your User Account.
3. System requirements
Use of the Services requires hardware, software and internet access not provided by VRTLZE, and your ability to access and use the Services may be affected by the performance of third party system components. You acknowledge and agree that such system components are your responsibility. VRTLZE shall not be liable for the functionality, connectivity or performance of any third party system components or the compatibility of any third party system components with the Products or Services.
4. Age requirements
The Services are not intended for, and are not intended to attract, children under the age of thirteen (13). By using the Products or Services, you confirm that you are at least eighteen (18) years of age or the age of majority in your jurisdiction or an adult minor and are fully able and capable of entering into the terms, conditions, obligations, representations, warranties and covenants set forth in this TOS and of abiding by and complying with this TOS.
5. Granting of the licence
Subject to your continued compliance with this TOS, VRTLZE hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) install and (b) use the Products for use in connection with the Services.
Except as otherwise expressly provided in this TOU, all notices from VRTLZE to you under the TOU shall be in writing via email or via the Services (e.g., a notice from VRTLZE posted in your user account or displayed in an online session). All notices from you to VRTLZE shall be sent by email to: email@example.com
Notices shall be deemed to have been duly given (a) in the case of notices by email, on the day after they are sent; and (b) in the case of notices via the Services, on the same day.
7. User-generated content
Our Services allow you to share information in many ways, and any information or content you share or post (your "User-Generated Content") may be seen by others. We are under no obligation to post User-Generated Content on our Services and reserve the right to remove any User-Generated Content that we deem objectionable or that violates this Agreement in VRTLZE's sole discretion. As between you and VRTLZE, you own the User Generated Content that you submit to or post on our Products, including, without limitation, on Kasama, and you grant VRTLZE, your organisation, if any, and our affiliates and licence to you. Your organisation and our affiliates and licensees only the following non-exclusive licence: a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish and process User Generated Content that you make available through our Services and the Services of others, and to sub-license to our affiliates, without further consent, notice and/or compensation to you or others, solely for the purpose of making the Services available to you. You may remove User Generated Content from the Services by deleting it or closing your user account, except (a) to the extent you shared it with others in the course of using the Products or Services and they copied, re-shared or stored it, and (b) for such reasonable time as we may need to remove it from backup and other systems.
8. Intellectual property rights
VRTLZE and its licensors own all right, title and interest in and to the Products and Services, including without limitation all copyright, trademark, trade secret and patent rights, and reserve all such intellectual property rights. By using our Products and Services, you do not obtain ownership of VRTLZE's Products and Services or the content or information made available through our Products and Services, and you are only authorised to use our Products and Services for the purposes authorised in this Agreement. Trademarks and logos used in connection with the Products and Services are the trademarks of their respective owners. Kasama and other VRTLZE trademarks, service marks, graphics and logos used for our services are trademarks of VRTLZE. You are prohibited from using any VRTLZE or Kasama trademarks for any purpose, including, without limitation, to suggest that you or your organisation is sponsored or endorsed by VRTLZE or Kasama, without VRTLZE's prior written consent.
9. Data storage
10. Other content, websites and apps and removal of content
Other persons or companies may offer their own content, products and services through our products or services and we are not responsible for such third party content, products or services. Your use of any such third-party content, products or services offered through our products or services is at your own risk. VRTLZE generally does not review and is not responsible for any third party content, products or services provided through our Services. You are responsible for deciding whether to access or use any third-party content, products or services (including, but not limited to, apps or websites linked from our Services, if any). Third party apps and websites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways that we would not allow. You should carefully read the legal terms and privacy policies of any websites or apps linked from the Services before deciding whether to use them. You also understand that VRTLZE has no obligation to monitor, pre-screen, pre-approve or evaluate the integrity of any third-party content, products or services offered through our Services, but that VRTLZE has the right, but not the obligation, in its sole discretion to refuse, delete or remove any third-party content, products or services offered through the Services for any reason, including, without limitation, any violation of applicable law or these TOS.
11. Prohibited use
You represent and warrant that you will not use the Services and Products for any of the following purposes or activities:
a) conducting or supporting illegal activities of any kind or using the Products or Services in violation of any applicable laws or regulations, including but not limited to laws relating to data privacy and data security;
b) transmitting or storing computer worms or viruses, ransomware or any malicious code designed to access, steal, intercept or alter information without authorisation or for any other unauthorised or destructive purpose;
c) threaten, defame, slander, harass, abuse, impersonate, injure or intimidate others VRTLZE End User Licence Agreement Page 5 of 9;
d) interfering with others' use of the Services;
e) sending spam or collecting information to send spam or sending advertisements (for clarification, this does not prohibit an approved organisation from advertising on VRTLZE's 3D Virtual Campus, provided that such advertising is in any other way
and manner that we expressly authorise in writing; for example, attaching a poster to a digital wall within a room on VRTLZE's 3D virtual campus);
f) copying, reselling, reproducing, distributing, renting, sublicensing or otherwise transferring the Products or Services or access to them or any reports or data generated from them;
(g) offering or enabling third parties to use the services or products;
h) commercially exploiting, decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained on or in the Services or Products;
(i) display or publish the products or services, in particular on a website or service, or use the products or services to create, develop, produce or market a substantially similar product or service;
j) making any changes, adjustments, improvements, enhancements, translations or derivative works to the Products or Services;
k) disguising the origin of content transmitted through the Services or disguising or misrepresenting your account identity on the Services;
(l) causing the launch of one or more automated systems that access the services in a manner that sends more request messages to the services' servers in a given period of time than a human can reasonably generate in the same period of time using a conventional online web browser (e.g. denial of service attack);
m) data mining, scraping, crawling, redirecting or compiling data for any purpose other than that authorised under this TOU;
n) infringing or using proprietary information or interfaces of the Products or Services or other intellectual property of the Products or Services for any reason not authorised by this TOS; or
o) attempting to remove or obscure proprietary notices on the Products or Services.
You warrant and represent to VRTLZE that you: (a) are authorised to agree to the terms of this TOU, (b) do not infringe the intellectual property rights or privacy of any third party when providing User Generated Content on or through the Services, and (c) own or have full authority to transmit all User Generated Content through the Services.
13. VRTLZE Community Guidelines
VRTLZE strives to create a positive, stimulating and safe environment to foster collaboration. We believe that almost all of our users naturally contribute to fostering such an environment, but as a reminder, here are some guidelines (not exhaustive) to keep in mind.
No bullying and/or harassment - VRTLZE allows users to speak freely about matters and people of public interest, but we endeavour to take action on reports of abusive, harassing, threatening or defamatory behaviour towards individuals. Repeatedly targeting users with unsolicited friend requests or messages is a form of harassment.
Sharing, posting or transmitting any material or communication intended to provoke, harass, annoy, embarrass or upset anyone (including VRTLZE-
staff or other users), in particular trolling, bullying or intimidation is strictly prohibited in all VRTLZE services.
Impersonation - Users should use real names and user identities. Users are prohibited from posting the personal information of others without their consent or impersonating someone else. Claiming to be someone else, creating a false presence for an organisation or person, or creating multiple accounts undermines the community and violates VRTLZE's ANB.
No Hateful Language - VRTLZE does not permit use of the Services to disseminate hateful language or to incite violence of any kind. While we encourage you to challenge ideas, institutions, events and practices, VRTLZE does not permit individuals or groups to use the Services to attack others based on their race, ethnicity, national origin, religion, gender, sexual orientation, familial status, disability or medical condition, or any other protected class.
Graphic Content - However, graphic images shared for sadistic reasons or to celebrate or glorify violence will not be tolerated on our services.
Nudity - VRTLZE has a strict policy against sharing pornographic content and any explicit sexual content. We also restrict the display of nudity.
Intellectual Property - Before sharing any content on VRTLZE, please ensure that you have the right to do so. We ask that you respect copyrights, trademarks and other legal rights, including, but not limited to, not committing copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and distribution of counterfeit software.
Phishing and spam - We take the security of our users seriously and work to prevent attempts that could compromise the privacy or security of our users. We also ask you to respect our other users by not contacting them for commercial purposes without their consent.
(END OF TOS BY VRTLZE)