Welcome to VЯitty!

VЯitty builds technologies and services that enable people to use Augmented Reality applications. These Terms govern your use of our software applications, and the other products, features, services, technologies, and software we offer except where we expressly state that separate terms (and not these) apply. These Products are provided to you by VЯitty.

We do not have an advertising-based business model, and advertisements will never appear during your sessions. You information will not be sold.

Your commitments to VЯitty

1. The permissions you give us

We need certain permissions from you to provide our services:

1. We will not share any of your content content that upload, such as HTML, photos or videos. These are protected by intellectual property laws.

You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on VЯitty. 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.

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 serving your content to you and your authorized users.

When you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, non-transferable, royalty-free, and worldwide license to host your content. This means, for example, that if you share a photo on VЯitty, you give us permission to store, copy, and serve this information to your user account or other user accounts that you have authorized. This license will end when your content is deleted from our systems.

You can delete content individually or all at once by deleting your account. Learn more about how to delete your account. You can download a copy of your data at any time before deleting your account.

When you delete content, it�s no longer visible to other users, however it may continue to exist elsewhere on our systems where:

• immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
• 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); or
• where immediate deletion would restrict our ability to:
• investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
• comply with a legal obligation, such as the preservation of evidence; or
• comply with a request of a judicial or administrative authority, law enforcement or a government agency;

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).

In each of the above cases, this license will continue until the content has been fully deleted.

2. Permission to update software 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.

Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on VЯitty), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Additional provisions

1. Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the VЯitty community, you can delete your account at any time.

2. Account suspension or termination

We want VЯitty to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.

If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people�s intellectual property rights or where we are required to do so for legal reasons.

Where we take such action we�ll let you know and explain any options you have to request a review, unless 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 Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5.

3. Limits on liability

We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the VЯitty Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the VЯitty Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

4. Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the VЯitty Products ("claim"), you agree that it will be resolved exclusively in the U.S. District Court for the Las Vegas, Nevada or a state court located in Clark County, Nevada. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Nevada will govern these Terms and any claim, without regard to conflict of law provisions.

5. Other

1. These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and VЯitty, Inc. regarding your use of our Products. They supersede any prior agreements.
2. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
3. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
4. You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
5. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
6. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
7. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
8. We reserve all rights not expressly granted to you.

Date of Last Revision: May 20, 2022