Terms & Conditions
1. ACCEPTANCE OF TERMS
THE UNDERMENTIONED TERMS AND CONDITIONS (THE "AGREEMENT") GOVERN YOUR USE OF THIS PRODUCT("RENDEZVU"), COMPRISED SOLELY OF ASIMIL8 T/A RENDEZVU(THE "COMPANY")'S THE PERTINANT SITE ON THE WORLD WIDE WEB (THE "SITE") OF WWW.RENDEZVU.COM, AND THE SERVICES AVAILABLE THERE, INCLUDING RENDEZVU “VIRTUAL WORLD” LEARNING APPLICATION (THE “APP”), HENCEFORTH KNOWN AS THE "SERVICES", AND BECOME LEGALLY BINDING UPON YOU ON THEIR ACCEPTANCE BY YOU AS PART OF THE REGISTRATION PROCESS OR ACCESS OR USE OF THE PRODUCT. SHOULD YOU DISAGREE WITH THESE TERMS, DO NOT REGISTER FOR, ACCESS OR USE OR USE ANY INFORMATION CONTAINED WITHIN THE PRODUCT. SUCH ACCESS OR USE SHALL BE DEEMED BOTH YOUR ACCEPTANCE OF THE AGREEMENT, AND AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT COMPANY MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. COMPANY WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING NOTICE OF THE CHANGES AND THE UPDATED VERSION OF THESE TERMS ON THE SITE SO THE NOTICE IS VISIBLE WHEN USERS LOG-IN FOR THE FIRST TIME AFTER THE CHANGES ARE POSTED. THE ONUS IS SOLELY UPON THE USER, HENCEFORTH KNOWN AS "YOU", TO REGULARLY REVIEW THESE TERMS. CONTINUED USE OF RENDEZVU SHALL CONSTITUTE CONSENT TO SUCH CHANGES.
2. DESCRIPTION OF SERVICES
This Agreement is your entire agreement with Company and governs your use of the Services. There may be additional terms and conditions if you use affiliate services, other Company services or products, or third-party software and/or services. To be a member, and receive Services you must not be a minor or, if you are a minor but you are at least 16 years old, have your account created and registered for you by your parent or guardian or have received permission from a parent or legal guardian to enter into this agreement and register for and use the Product after you have reviewed the terms and conditions of this Agreement with him or her and discussed any questions that you may have. Further, you may only become a member if you live in a country or jurisdiction that permits membership. This Agreement will be void and without effect, and you will not be entitled to any Services, if you do not satisfy these requirements. By continuing with the registration process, you represent that you are of majority age or, if you are a minor, that your account was created and registered by your parent or guardian or that you have received the permission of your parent(s) or legal guardian to register for and the Services under the terms and conditions of this Agreement and your parent or legal guardian has joined you in executing this Agreement. Further, if you are a parent who is registering for a child, you hereby agree to bind your child to these terms and to fully indemnify and hold harmless Asimil8 T/A RendezVu if your child breaches or disaffirms his Agreement.
Upon completing the registration process, you will select a password and Company will set up an account that is uniquely associated with your membership. All of your access to roduct will be through that account, except as otherwise set forth in this Agreement. The Services will include access to the App. In the App, you will be able to interact with other members and online constructs that may include people or objects("RV Objects"); your interactions with Objects will be through your "Avatar" and will be governed by the Terms of this agreement.
You agree to comply with the limits set on your account by your type of membership. RendezVu Objects will often have names similar or identical to corresponding physical categories such as "people," "businesses," "possessions," and the names of specific items in those categories such as "house," "ball," "table," "drink," and so forth. Despite the similar names, all RV Objects are part of the App and Company retains all rights, title, and interest in all parts of the App, including, but not limited to, Avatars and RV Objects; these retained rights include, without limitation, patent, copyright, trademark, trade secret and other proprietary rights throughout the world. As part of your interactions with the App, you may acquire, create, design or modify RV Objects, but you agree that you will not gain any ownership interest whatsoever in any RV Objects or App, and you hereby assign to Company all of your rights, title and interest in any such RV Objects. You further agree not to: (i) reverse engineer, disassemble or otherwise attempt to discover the source code or underlying structure of the App; or, (ii) copy, modify, distribute, sublicense, sell, barter, lend, lease or time-share any part of the App except as expressly permitted by this Agreement for the App.
As a member you are responsible for all activity on your account and any other accounts associated with your account, including without limitation, through billing method or IP address ("Associated Accounts"). Violations or warnings accrued by your account can lead to termination of your account or any Associated Accounts. Because you are responsible for all use of your account and Associated Accounts, you must supervise the use of your account and any Associated Accounts by others. It is important that you not reveal your password to others. You agree not to reveal your password to others and you agree to indemnify and hold Company harmless for any improper or illegal use of your account or any Associated Accounts. This includes illegal or improper use by someone to whom you have given permission to use your account or any Associated Accounts. Your account or any Associated Accounts may be terminated if you let someone use it inappropriately. If your account or membership is terminated for any reason, Company is under no obligation to offer the Services or another membership to you or any person with an Associated Account in the future. If your account or any Associated Accounts in a specific virtual environment owned, operated and/or controlled by Company is terminated or suspended by Company, Company may, in its sole discretion, terminate or suspend your accounts or Associated Accounts in any other virtual environment(s) owned, operated and/or controlled by Company.
4. CHARGES AND BILLING
Payment by Credit Card:
You must use a credit card or an approved payment method to pay for your subscription. When you provide credit card information or other payment method information to Company, you represent and warrant that you are the authorized user of the credit card that is used to pay the subscription or other charges or fees. Unless you provide Company, prior to the expiry of your subscription, with a written notice of cancellation, your subscription will automatically renew for the same period of time. The automatic renewal will not apply if the recurring charges for your membership program have changed since the time of subscription. You agree to promptly notify Company of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Company if your credit card expires or is canceled for any reason.
Charges to Your Credit Card:
Your subscription fees are payable in advance and are not refundable in whole or in part except as provided below in the Discontinuation of Service Section. Company reserves the right to change our fees or billing methods at any time. If your membership program includes recurring monthly fees, Company will provide you with notice of a change to such recurring monthly fees. You will be notified via email at least seven (7) days in advance. Your continued use of the Services for 7 (7) days after notification of the changes to the recurring monthly fees means that you accept said changes. If any change is unacceptable to you, you may cancel your membership or a particular subscription at any time, but Company will not refund any fees that may have accrued to your account before cancellation of your membership or subscription, and we will not prorate fees for any subscription. If your use of the Service is subject to use or sales tax, then Company may also charge you for any such taxes, in addition to the subscription or other fees.
5. ONLINE CONDUCT AND CONTENT
By content, we mean the text, software, communications, images, sounds and other information provided online. Most content in the App is provided by Company, our members, our affiliates, or independent content providers under license. Company reserves the right to pre-screen and monitor content available in the App. However, Company is not obligated to pre-screen or monitor the content and does not assume any responsibility or liability for content that is provided by others. Company does reserve the right to remove content that, in Company's judgment, does not meet its standards or does not comply with the Agreement, or that was originally accepted, but subsequently deemed inappropriate for any reason, but Company is not responsible for any failure or delay in removing such material. Keep in mind that Company is not responsible for content available on the Internet, although we reserve the right to block access to any Internet area containing illegal or other harmful content or otherwise being used for purposes that are unlawful or injurious to Company or its members.
Company encourages members to participate and express their views. But it is important to remember that there are Guidelines that you must abide by as a member. This means that if you, or anyone using your account, violate the Guidelines, Company may take action against your account, ranging from the issuance of a warning to the termination of your account. You understand that Company is not required to provide notice prior to terminating your account for violating these Guidelines, but it may choose to do so.
Intentional Disruption of Services
You must respect the rights of others to enjoy safe and unimpeded access to the Services. You may not transmit or provide external links to any content containing a virus or corrupted data, or use the Services or other internet services in a manner that adversely affects the availability of Company's resources to other members, or otherwise interfere with the ability of others to access, use and enjoy the Services.
Inaccurate Representation of Identity
You may not impersonate another person (including celebrities), indicate that you are a Company employee or a representative of RendezVu or ASimil8, or attempt to mislead users by indicating that you represent RendezVu or ASimil8 Ltd., or any of Company's partners or affiliates.
Selling of Accounts, and Content
It is against RendezVu policy for members to sell member accounts to another member for purposes of making a profit. This includes specially priced Beta accounts. RendezVu can and will take action (which may include suspension or termination) on any accounts found to be violating this policy.
You will comply will all applicable laws, regulations, and ordinances as a condition of your membership. Company may terminate your account and membership upon receiving information involving your violation of any law, regulation or ordinance, and will cooperate with law enforcement agencies on such matters. Company may monitor the App to enforce the policies of the Company, to detect or verify illegal activity, and to cooperate with law enforcement agencies.
E-mail, Advertisements, Use of Member Information
Your membership allows you to send and receive e-mail to and from other members and users of the Internet. You may not use the Services to send unsolicited bulk e-mail, junk e- mail, chain letters or "spam". You may place advertisements only in areas designated for that purpose. Unsolicited advertising is not allowed. You must have permission from Company and/or the person to whom you are sending the advertisement.
You may not harvest or collect information, including screen names, about other members or users of the App. The use of any information learned through the Services or while in the App is limited to the express purposes set forth in this Agreement; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.
Any violation of these provisions will subject your account and membership to immediate termination and further legal action. If you have received unsolicited bulk e-mail and want to report it, contact Customer Support at email@example.com; however, Company cannot guarantee that it can prevent your receipt of all such e-mail. Company also reserves the right to take any and all legal and technical remedies to prevent unsolicited bulk e-mail from entering, utilizing or remaining within the App.
The content available through the Services or in the App is owned by Company and its suppliers, as applicable, and is protected by copyrights, trademarks, and other intellectual property rights (Copyright ©2009, Asimil8 Ltd. T/A RendezVu, unless otherwise specified.) All rights not expressly granted herein are reserved. Any content that you upload or download while using the Service must be authorized; this means you must have the legal right to upload or download the content. You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find in the App, unless you have the legal right or permission of Asimil8 Ltd. T/A RendezVu, to do so. Making unauthorized copies of any content can lead to the termination of your account and may subject you to further legal action beyond the termination of your membership by Company or other content owners. You agree to indemnify and hold harmless Company and its subsidiaries, affiliates, related companies, employees, officers, directors and agents from any claims made by third parties relating to your use of any content.
Company respects the intellectual property of others, and we ask that you do the same. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement and appears on this Site, please provide our copyright agent with the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* a description of the copyrighted work that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the Site;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows: Hanna, Moore & Curley Patent Attorneys,
13 Lower Lad Lane, Dublin 2, Ireland
Voice: + 353 1 661 3930
Fax: + 353 1 661 3453
Company is pleased to hear from its members and welcomes your comments regarding the Services and the App. However, Company's policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. It is the intent of this policy to avoid any misunderstandings when projects developed by Company's professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our Services and products, we request that you be specific in your comments on those Services and products, and not submit any creative ideas, suggestions or materials.
All materials you send to Company, whether or not at our request, including, but not limited to, e-mail, postings, contest entries, Avatars, There Objects, creative suggestions, ideas, notes, drawings, materials, concepts or other information (except any Developer Submissions as defined in the Developer Addendum) (collectively, "Submissions"), shall be the property of Company and you hereby assign all of your rights, title and interest in and to such Submissions to Asimil8 Limited T/A RendezVu. None of the Submissions shall be subject to any obligation of confidence on the part of Company and Company shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
6. DEVELOPER AGREEMENT
If you are a developer, your use of the Site and the Services is also governed by the Developer Addendum that is a part of this Agreement and to which you are subject.
7. COMPANY SOFTWARE LICENSES
Company provides you with a limited license to use software you receive or access as part of the Services (Software), subject to your compliance with this Agreement, and any additional conditions made known to you at the time of download of particular software. You shall not copy, distribute, sell, lease, lend, sub-license, or charge others to use or access, Company software, or reverse engineer, disassemble or attempt to discover the structure or underlying ideas of any Company software. Company may occasionally provide automatic upgrades to improve the Services and the App, Company employs virus-screening technology to assist in the protection of our network and our members, and Company software may include routines designed to prevent the spread of viruses, or improper use of the software (which routines may disable the software); you agree not to attempt to circumvent any of these functions or routines. You understand that Company's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by Company may vary depending on your computer and other equipment.
8. DISCLAIMERS AND LIMITATIONS
YOU EXPRESSLY AGREE THAT THE USE OF COMPANY'S SOFTWARE, THE SERVICES, THE APP AND THE INTERNET IS AT YOUR SOLE RISK. COMPANY'S SOFTWARE, THE APP, AND ALL OTHER PRODUCTS, SERVICES AND TECHNOLOGY AND ACCESS (TO THE INTERNET OR OTHERWISE) ARE PROVIDED BY COMPANY AND ITS SUPPLIERS "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, ACCESSIBILITY OF THE SERVICES, AND ANY WARRANTY THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, AND CAPACITY OF THE APP. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH COMPANY OR THE APP AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Liability and Remedy Limitations
COMPANY AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY COMPANY SHALL BE THE REPLACEMENT OF SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH COMPANY IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 10. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, COMPANY AND ITS SUPPLIERS WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS IN EXCESS, IN THE AGGREGATE, OF THE FEES PAID TO COMPANY HEREUNDER DURING THE NINETY DAY PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE OR (II) FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST DATA OR (III) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH STATES OR JURISDICTIONS, COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED USING THE SERVICES OR THE APP OR ANY WEB-SITE LINKED TO THEM. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Company's equipment, transmitted over networks accessed by the site, or otherwise connected with your use of the Services.
You agree to defend, indemnify and hold harmless Company and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers, suppliers, sponsors, advertisers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Agreement or are made by third parties related to your use of Services or the App or the Internet, or in connection with your transmission of any content using the Services or App. Company reserves the right to assume the exclusive defense and control of any claim otherwise subject to indemnification by you.
10. TERMINATION, CANCELLATION, AND INTERUPTION OF SERVICE
You can cancel your membership by contacting us at firstname.lastname@example.org. Cancellation will take effect within 48 hours of receipt of your request, and Company will send you written confirmation via email. If you cancel near the end of your billing period and are inadvertently charged for the next month's fee, please contact Company at email@example.com. Company reserves the right to collect fees, surcharges or costs incurred before you cancel your membership. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
In the event that your account is terminated or canceled, no refund, including any membership fees, will be granted, except for refunds expressly provided for in the Discontinuation of Service section below; no online time or other credits (e.g., points in an online game or any RV Objects purchased, won, or earned) will be credited to you, nor can they be converted to cash or other form of reimbursement. You may not allow former members whose memberships have been terminated to use your accounts. Any delinquent or unpaid accounts or unresolved issues relating to former membership must be resolved before Company will permit you to have a new membership. All provisions of this Agreement that by their nature should survive termination of this Agreement do survive its termination, including, but not limited to, provisions on ownership, proprietary rights, warranty disclaimers and liability and remedy limitations.
Interruption of Service
Company reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Company will not be liable for any interruption of the Service, delay or failure to perform and that Company is not obligated to refund monies for example, subscription fees or purchases.
Discontinuation of Service
In the event Company permanently discontinues Service or terminates this Agreement other than for a breach of this Agreement by you or other cause, Company may, upon your request, refund your previous thirty days' purchases of subscription fees. Said refund is limited to purchases made in the thirty days prior to the permanent discontinuation of the Service and only applies to purchases you made directly from Company, not via any third-party, other members or any other source. Refunds must be requested within fifteen days of the discontinuation and will be paid within thirty days of receiving the request. Requests should be sent to Customer Support. You may reach Customer Support at firstname.lastname@example.org.
You shall keep confidential and not disclose to any third party or use (except as part of using the Services and the App) any non-public information obtained from Company or as part of your use of the Services and the App (Confidential Information). This restriction will not apply to information that you can document is publicly available, or becomes publicly available, through no act or omission of yours. Due to the unique nature of Confidential Information, you agree there can be no adequate remedy at law for breach of this Section and that such breach would cause irreparable harm to Company; therefore, Company shall be entitled to seek immediate injunctive relief, without an obligation to post a bond in addition to whatever remedies it might have at law or under this Agreement. This restriction shall remain in effect even after the termination of your membership until all Confidential Information becomes publicly available.
12. LAW AND LEGAL NOTICES
You agree to abide by E.U. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Company or the App any data or software or content that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement.
RendezVu is a registered business name of Asimil8 Limited, an Irish Limited Company, CRO Registration No 466367., having an address at NovaUCD, Belfield Innovation Park, University College Dublin, Belfield, Dublin 4, Ireland.
RendezVu, the RendezVu logo, the RendezVu planet device and the tag line “Finally, you can USE your language skills!” are Trade Marks of RendezVu.
RendezVu is a registered community trade mark (No 008442931).