VirtualSoul – Terms and Conditions
Updated: 10th January 2023
Under no circumstances shall the VirtualSoul team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if the VirtualSoul team or an authorized representative has been advised of the possibility of such damages. If Your use of materials from this site results in the need for servicing, repair or correction of equipment or data, You assume any costs thereof.
VirtualSoul will not be responsible for any outcome that may occur during the course of usage of our Services, website, or application. We reserve the rights to change the Services, website, application and revise any policy at any time.
VirtualSoul grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the website or application strictly in accordance with the terms of this Agreement.
- Definitions and Key Terms
VirtualSoul´’s application, which can be downloaded on Apple IOS or Android or Google Play.
small amount of data generated by a website and saved by Your web browser. It is used to identify Your browser, provide analytics, remember information about You such as Your language preference or login information.
where VirtualSoul or the owners/founders of VirtualSoul are based, in this case is Spain
any internet connected device such as a phone, tablet, computer or any other device that can be used to visit VirtualSoul and use the services.
refers to the service provided by VirtualSoul as described in the relative terms (if available) and on this platform.
refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest You.
VirtualSoul’s site, which can be accessed via this URL:
A person or entity that is registered with VirtualSoul to use the Services.
You agree not to, and You will not permit others to:
-License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the application or make the platform available to any third party.
-Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the application.
-Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of VirtualSoul or its affiliates, partners, suppliers or the licensors of the application.
5.1 Who can use VirtualSoul?
5.1.1 When creating an account on VirtualSoul you must:
- Provide for your account the same name that you use in everyday life.
- provide accurate information about yourself;
- Only create one account (your own) and use it for personal purposes.
- not share your password, give access to your VirtualSoul account to others or transfer your account to anyone else (without our permission).
5.1.2 VirtualSoul is for everyone, but you are not permitted to use or create an account with VirtualSoul if:
- You are under 13 years old;
- We have previously disabled your account for breach of any of our Terms that apply to your use of VirtualSoul. If we disable your account you agree not to create another account without our permission;
- You are prohibited from receiving our products, services or software under applicable laws.
5.2 What you can do and share on VirtualSoul:
5.2.1 We want people to use VirtualSoul to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- You may not use our VirtualSoul to do or share anything:
- That breaches these Terms, and other terms and policies that apply to your use of VirtualSoul
- That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our VirtualSoul in such a way).
- That you do not own or have the necessary rights to share.
- That infringes or violates someone else’s rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.
- You may not upload viruses or malicious code, use the services to send spam or do anything else that could disable, overburden, interfere with or impair the proper working, integrity, operation or appearance of our services, systems or VirtualSoul.
- You may not access or collect data from our VirtualSoul using automated means (without our prior permission) or attempt to access data that you do not have permission to access. We also reserve all of our rights against text and data mining.
- You may not proxy, request or collect VirtualSoul usernames or passwords, or misappropriate access tokens.
- You may not sell, license or purchase any data obtained from us or our services, except as provided in the VirtualSoul Terms.
- You may not misuse any reporting, flagging, dispute or appeals channel, such as by making fraudulent, duplicative or groundless reports or appeals
5.3 VirtualSoul´s Actions in case of Breach of our Terms:
5.3.1 We can remove or block content that is in breach of these provisions. We can also suspend or disable your account for conduct that violates these provisions.
5.3.2 If we remove content that you have shared for violation of these Terms, we’ll let you know and explain any options that you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or VirtualSoul; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. For information on account suspension or termination see the termination clause of these Terms.
5.3.3 VirtualSoul, its directors´ and affiliates, are in no way responsible or liable for a user´s breach of these Terms. Whilst we will use all reasonable efforts to monitor content, profiles and activity on VirtualSoul, we may miss or may be unable to validate content and activity before it is posted or viewed by our community. We explicitly disclaim all liability for a user’s breach of our terms, including for the set up of fake profiles, abusive content posting, and other activity which breaches our Terms. We encourage our community to report activity which breaches our Terms so that we can take immediate action to review the relevant activity and take the appropriate action in accordance with our Terms.
5.4 User permissions granted to VirtualSoul
5.4.1 VirtualSoul requires certain permissions from you to provide VirtualSoul´s services:
5.4.2 Permission to use content that you create and share:
- Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
(a.i) You retain ownership of the intellectual property rights (things such as copyright or trademarks) in any such content that you create and share on VirtualSoul that you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want;
(a.ii) However, to provide our services we need you to give us some legal permissions (known as a “License”) to use this content. This is solely for the purposes of providing and improving our VirtualSoul services as described in above.
(a.iii) Specifically, when you share, post or upload content that is covered by intellectual property rights on or in connection with VirtualSoul, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with your privacy settings and our Data Protection Policy). This means, for example, that if you share a photo on VirtualSoul, you give us permission to store, copy and share it with others (again, consistent with your settings) such as VirtualSoul products or service providers that support those products and services. This license will end when your content is deleted from our systems.
(a.iv) You can delete individual content that you share, post and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. Account deletion does not automatically delete content that you post or content that you create collectively with other users, such as photos that may continue to be visible to other VirtualSoul users.
(a.v) It may take up to ninety days to delete content after we begin the account deletion process or receive a content deletion request. If you send content to the bin, the deletion process will automatically begin in thirty days unless you choose to delete the content sooner. While the deletion process for such content is being undertaken, the content is no longer visible to other users. After the content is deleted, it may take us up to another ninety days to remove it from backups and disaster recovery systems.
(a.vi) Content will not be deleted within ninety days of the account deletion or content deletion process beginning in the following situations:
- where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted);
- where deletion within ninety days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
- Where immediate deletion would restrict our ability to:
- investigate or identify illegal activity or breaches of our Terms and Policies (for example, to identify or investigate misuse of VirtualSoul or systems);
- protect the safety, integrity and security of our VirtualSoul, systems, services, our employees and users, and to defend ourselves;
- comply with legal obligations for the preservation of evidence, including data that VirtualSouls providing services preserve to comply with any record-keeping obligations required by law; or
- comply with a request of a judicial or administrative authority, law enforcement or a government agency; or
- Where you have created an Afterlife profile in accordance with the terms of the Afterlife profile creation.
(a.vii) In which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
(b) In each of the above cases, this license will continue until the content has been fully deleted.Permission to use your name, profile picture and information about your actions with ads and sponsored or commercial content: You give us permission to use your name and profile picture and information about actions that you have taken on VirtualSoul next to or in connection with ads, offers and other sponsored or commercial content that we display across our VirtualSoul platform, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a VirtualSoul profile created by a brand that has paid us to display its ads on VirtualSoul.
5.4.3 Permission to update software that you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
- Return and Refund Policy
Thanks for shopping at VirtualSoul . We appreciate the fact that You like to buy the products that you can use on VirtualSoul. We also want to make sure You have a rewarding experience while You’re exploring, evaluating, and purchasing our products.
If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues You are going through with our product.
- User Suggestions
6.1 Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by You to VirtualSoul with respect to the application shall remain the sole and exclusive property of VirtualSoul .
6.2 VirtualSoul shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
- Your Consent
- Links to Other Websites
You acknowledge and agree that VirtualSoul may stop (permanently or temporarily) providing the Service (or any features within the Service) to You or to users generally at VirtualSoul’s sole discretion, without prior notice to You. You may stop using the Service at any time. You do not need to specifically inform VirtualSoul when You stop using the Service. You acknowledge and agree that if VirtualSoul disables access to Your account, You may be prevented from accessing the Service, Your account details or any files or other materials which are contained in Your account.
- Modifications to Our Application
VirtualSoul reserves the right to modify, suspend or discontinue, temporarily or permanently, the application or any service to which it connects, with or without notice and without liability to You.
- Updates to Our Application
VirtualSoul may from time to time provide enhancements or improvements to the features/ functionality of the application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the application. You agree that VirtualSoul has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the application to You.
You further agree that all Updates will be (i) deemed to constitute an integral part of the application, and (ii) subject to the terms and conditions of this Agreement.
- Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).
You acknowledge and agree that VirtualSoul shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. VirtualSoul does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such third parties’ terms and conditions.
- Term and Termination
14.1 This Agreement shall remain in effect until terminated by You or VirtualSoul .
14.2 VirtualSoul may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
14.3 If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable your access to VirtualSoul and related products, and we may permanently disable or delete your account. We may also disable or delete your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
14.4 We may disable or delete your account if, after registration, your account is not confirmed, your account is unused and remains inactive for an extended period of time or if we detect that someone may have used it without your permission and we are unable to confirm your ownership of the account.
14.5 This Agreement will terminate immediately, without prior notice from VirtualSoul , in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the application and all copies thereof from Your computer.
14.6 Upon termination of this Agreement, You shall cease all use of the application and delete all copies of the application from Your computer.
14.7 Termination of this Agreement will not limit any of VirtualSoul ‘s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.
- Copyright Infringement Notice
If You are a copyright owner or such owner’s agent and believe any material on our application constitutes an infringement on Your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) Your contact information, including Your address, telephone number, and an email; (d) a statement by You that You have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury You are authorized to act on behalf of the owner.
You agree to indemnify and hold VirtualSoul and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your: (a) use of the application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
- No Warranties
The application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, VirtualSoul , on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, VirtualSoul provides no warranty or undertaking, and makes no representation of any kind that the application will meet Your requirements, achieve any intended results, be compatible or work with any other software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither VirtualSoul nor any VirtualSoul ‘s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the application, or the information, content, and materials or products included thereon; (ii) that the application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the application; or (iv) that the application, its servers, the content, or e-mails sent from or on behalf of VirtualSoul are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You.
- Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of VirtualSoul and any of its suppliers under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the application.
To the maximum extent permitted by applicable law, in no event shall VirtualSoul or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the application, third-party software and/or third-party hardware used with the application, or otherwise in connection with any provision of this Agreement), even if VirtualSoul or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
We will exercise professional diligence in providing our VirtualSoul and our services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
You AND VirtualSoul AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
- Amendments to this Agreement
VirtualSoul reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use VirtualSoul .
- Entire Agreement
The Agreement constitutes the entire agreement between You and VirtualSoul regarding Your use of the application and supersedes all prior and contemporaneous written or oral agreements between You and VirtualSoul.
You may be subject to additional terms and conditions that apply when You use or purchase other VirtualSoul ‘s services, which VirtualSoul will provide to You at the time of such use or purchase.
- Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify You (for example, through our Service) before we make changes to these Terms and give You an opportunity to review them before they go into effect. Then, if You continue to use the Service, You will be bound by the updated Terms. If You do not want to agree to these or any updated Terms, You can delete Your account.
- Intellectual Property
- Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR VirtualSoul´S INTELLECTUAL PROPERTY RIGHTS.
The term “dispute” means any dispute, action, or other controversy between You and VirtualSoul concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
- Notice of Dispute
In the event of a dispute, You or VirtualSoul must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: firstname.lastname@example.org. VirtualSoul will send any Notice of Dispute to You by mail to Your address if we have it, or otherwise to Your email address. You and VirtualSoul will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, You or VirtualSoul may commence arbitration.
- Binding Arbitration
If You and VirtualSoul don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of a mutually agreed arbitration association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
- Submissions and Privacy
In the event that You submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, You expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of VirtualSoul without any compensation or credit to You whatsoever. VirtualSoul and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
VirtualSoul may, from time to time, include contests, promotions, competitions, or other activities (“Promotions”) that require You to submit material or information concerning Yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not You are eligible to participate. If You enter any Promotion, You agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
- Typographical Errors
In the event a product and/or service is listed with incorrect data or information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed with the incorrect data or information, including prices. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, we shall immediately issue a credit to Your credit card account or other payment account in the amount of the charge.
VirtualSoul is not responsible for any content, code or any other imprecision.
VirtualSoul does not provide warranties or guarantees.
In no event shall VirtualSoul be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. VirtualSoul reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The VirtualSoul Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. VirtualSoul is a distributor and not a publisher of the content supplied by third parties; as such, VirtualSoul exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the VirtualSoul Service. Without limiting the foregoing, VirtualSoul specifically disclaims all warranties and representations in any content transmitted on or in connection with the VirtualSoul Service or on sites that may applicationear as links on the VirtualSoul Service, or in the products provided as a part of, or otherwise in connection with, the VirtualSoul Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by VirtualSoul or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, VirtualSoul does not warrant that the VirtualSoul Service will be uninterrupted, uncorrupted, timely, or error-free.
Don’t hesitate to contact us if You have any questions.
-Via this Link: email@example.com