Version 1.0 | Updated May 14, 2021
Your use of and access to the Virtual Tables, Inc. (“Virtual Tables”) website platform (“Platform”), associated software and services (collectively with the Platform, “Services”) is conditioned on the compliance with the outlined Terms of Service (“TOS”). This TOS describes Your rights and responsibilities, and what You can expect from the Services. Use of any Service constitutes Your acceptance of and agreement to this TOS.
Our purpose in establishing this policy is to give you information about how we collect and processes your personal data through your use of Virtual Tables Services, including any data you may provide through our platform. If you do not agree with the terms, do not access or use these Services, websites or any other aspect of the business.
“End User” or “You” means a Host or Participant.
“Event” means an event held on the Platform.
“Host” means an individual or entity that has entered into an agreement with a Reseller
“Intellectual Property Rights” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including copyrights, trademarks, service marks, trade secrets, rights in patent (and patent applications) and moral rights.
“Order Form” means the order form from a Reseller through which the Host obtained the right to use the Services for an Event.
“Participant” means an individual, other than the Host, who accesses or uses the Services.
“Reseller” means a third party that is authorized by Virtual Tables to license to End Users the right to access and use the Services.
2. Use of the Platform and other Services
2.1 Event Features. As part of an Event, certain other services may be offered on the
Platform, such as message boards, contests, videos, trivia, and games, which may
change from time to time (“Event Features”).
2.2 Eligibility. Virtual Tables will only knowingly provide the Services to parties that can lawfully enter into and form contracts under applicable law. If You are under the age of 18, but at least 13 years of age, You may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The Services is not intended for children under the age of 13. We do not knowingly collect or process personal data from children, and no part of our Services is directed to them. A “child” is a person (a) under 13 years old (for residents outside of the EEA, except for the Republic of Korea); (b) under 16 years old or such age needed to consent to the processing of personal data in their country of residence (for residents of the EEA); or (c) under 14 years old (for residents of the Republic of Korea). If you are a parent or guardian and you learn that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from a child without verification of parental consent, we take steps to remove that information from our systems.
2.3 Compliance with TOS and Applicable Law. You will comply with all of the terms and conditions of this TOS and all applicable laws, regulations and rules, including by exploiting images or the likeness of minors, when You use the Services.
2.4 Your License to Use the Services. Virtual Tables grants You a limited, non- exclusive, non-sublicensable, non-transferrable, revocable license to access and use the Services for its intended purposes, subject to Your compliance with this TOS. If You use the Services in a manner that exceeds the scope of this license or You breach this TOS, Virtual Tables may revoke the license granted to You.
(a) All rights, title and interest in and to the Services and any derivatives, modifications, discoveries, improvements, or enhancements thereof or relating thereto and any Feedback, and all Intellectual Property Rights therein or relating thereto, are and will remain the exclusive property of Virtual Tables and its licensors. You agree to and do hereby make all assignments necessary to provide Virtual Tables with the ownership rights set forth in the immediately preceding sentence. “Feedback” means all ideas, suggestions, or feedback relating to one or more Services.
(b) Virtual Tables and its licensors retain ownership of all proprietary rights in the Services and in all Virtual Tables trade names, trademarks, service marks, logos, and domain names (“Virtual Tables Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Virtual Tables Marks, or other proprietary information (including images, text, page layout, or form) of Virtual Tables without express written consent. You may not use any meta tags or any other “hidden text” utilizing Virtual Tables Marks without Virtual Tables’ express written consent.
(c) Your rights in the Services are limited to the rights expressly granted herein and no additional rights or licenses are granted in or to the Services or other property or rights of Virtual Tables or any Intellectual Property Rights therein or relating thereto. Any rights not expressly granted to You herein are reserved by Virtual Tables.
2.6 Third-Party Services.
(a) Through its use of the Services, You may have access to certain third party applications, such as plugins and websites, including websites that solicit charitable donations (collectively, “Third Party Applications”). Virtual Tables does not maintain control over Third Party Applications, and shall not be responsible for their content, operation or use. Third Party Applications may be modified or disabled at any time, and Virtual Tables shall not be under any obligation to provide notice of any such modifications. By linking or otherwise providing access to Third Party Applications, Virtual Tables does not provide any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of information or services provided by such Third Party Applications. Virtual Tables hereby disclaims any and all responsibility and liability for any harm resulting from Your use of Third Party Applications, and You hereby irrevocably waives any claim against Virtual Tables with respect to all Third Party Applications.
(b) Your use or procurement of a Third Party Applications is subject solely to an agreement between You and the relevant third party provider and it is Your sole responsibility to review and comply with any agreement provided by the applicable third party provider governing use and/or procurement of any Third Party Application. Virtual Tables is not responsible for any aspect of such Third Party Applications that You use to connect to any Service, or any interoperation, descriptions, promises or other information related to the foregoing. If You install or enable Third Party Applications for use with any Service, You agree that Virtual Tables may enable such third party providers to access and use Content for the interoperation of such Third Party Applications with such Service, which may include transmitting, transferring, modifying or deleting Content, or storing Content on systems belonging to the third party provider(s) or other third parties. Any exchange of data or other interaction between You and a third party provider is subject to the terms and conditions of Your agreement with such third party provider (including those terms and conditions related to security and privacy) and Virtual Tables shall not be responsible for any access to or use of Content by Third Party Applications or third party providers.
2.7 Order Forms. The terms of Order Forms are between Host and Reseller only. Virtual Tables will have no responsibility for any terms or dispute between Reseller and Host. The Host will purchase the number of access rights needed for the Host’s Event and provide contact information for the Participants for such Event.
2.8 Support. Virtual Tables will use commercially reasonable efforts to provide support to You through means such as browser-based chat support, email support and phone support.
3. General Rules
3.1 Prohibited Use. You may only use the Services as expressly permitted by Virtual Tables. You may not cause harm to any Service. Specifically, but not by way of limitation, You may not and will not permit any third party to: (a) interfere with any Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (b) modify, create derivative works from, reverse engineer, decompile, or disassemble or any technology used to provide any Service; (c) interfere with, or disrupt the access of any End User or network, including sending a virus, time bomb, or other harmful code, overloading, flooding, spamming, or creating of Content in such a manner as to interfere with or create an undue burden on any Service; (d) use a robot, spider or other device or process to monitor the activity on or copy pages from the Platform, except in the operation or use of an internet “search engine”, hit counters or similar technology; (e) collect electronic mail addresses or other information from third parties by using any Service; (f) impersonate another person or entity; (g) use any meta tags, search terms, key terms, or the like that contain Virtual Tables’ name or trademarks; (h) engage in any activity that interferes with another user’s ability to use or enjoy any Service; (i) upload or provide Content that Virtual Tables deems to be inflammatory, harmful, threatening, abusive, harassing, tortious, fraudulent, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable, or deems to contain language or explicit graphics or descriptions related to violence, weapons, or nudity, or that infringes, violates or misappropriates any Intellectual Property Right, or that You do not have the right to upload; (j) use any Service to complete with Virtual Tables or for any other purpose that is to Virtual Tables’ detriment or commercial disadvantage; (k) use any Service in any unlawful or illegal manner; (l) use to send spam or otherwise duplicative or unsolicited commercial messages; (m) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of Your rights to access or use any Service; (n) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Platform; (o) alter, obscure or remove any copyright notice, copyright management information or proprietary legend contained in or on the Platform; or (p) access or use any Service except as expressly permitted by this TOS.
3.2 Modification of the Service. Virtual Tables reserves the right to modify the organization, structure or “look and feel” of the Services, including the Platform, and may change, suspend, or discontinue any aspect of the Services at any time without any liability to You or any third party. Virtual Tables shall have complete discretion over the features, functions, prices and other terms and conditions on which the Services is offered to End Users.
Our partners may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit you to block such technologies. For this reason you can use the following third party tools to decline the collection and use of information for the purpose of serving you interest based advertising: The NAI’s opt-out platform | The EDAA’s opt-out platform
(b) Digital Millennium Copyright Act. Virtual Tables may deny access to the Services to any User who is alleged to have infringed another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed or if You believe that Your Content should not have been removed for infringement, please contact Virtual Tables firstname.lastname@example.org. For more information on the standard DMCA Policy please access here https://www.copyright.gov/legislation/dmca.pdf
(c) Data Processing Addendum. If Your Use of the Services requires Virtual Tables to process any personally identifiable information (“PII” or “Personal Data”) Virtual Tables shall do so at all times in compliance within basic Data Processing Regulations. Since our website processes personally identifiable information of individuals, we base the DPA Addendum off of the EU DPA (known in the GDPR as “data subjects”), and is done to protect the following legal grounds:
We comply with all of our partners and services (including Cookies Consent, and Opt- Out information provided above in section 3.3 A) DPA contracts and more information on standard DPA policies can be found here: https://edpb.europa.eu/sites/default/files/files/file1/edpb_guidelines_202005_consent_e n.pdf
3.4 Export Restrictions. You acknowledge that the Services, or portion thereof may be subject to the export control laws of the United States and other applicable country export control and trade sanctions laws (“Export Control Laws”). You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export control or trade sanctions law or regulation. You represent and warrant that (a) You are not a citizen of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including Cuba, Iran, North Korea, Syria, and the Crimea) and that You will not access or use the Services, or export, re-export, divert, or transfer the Services, in or to such countries or territories; (b) You are not identified on any U.S. government restricted party lists (including the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons and Foreign Sanctions Evaders List, the U.S. Department of Commerce’s Denied Parties List, Entity List, and Unverified List, and the U.S. Department of State proliferation-related lists); and (c) that no Content created or submitted by You is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws. You are solely responsible for complying with the Export Control Laws and monitoring them for any modifications.
4.1 Description. As part of an Event, Host may upload images, video, audio, data,
branding, and other content to the Platform to create and produce Event Features
(“Host Content”) and each End User may enter text in the text chat feature and otherwise communicate with other End Users in the Event using video and other features, in accordance with the applicable instructions on the Platform (“Participant Content” and together with the Host Content, the “Content”).
4.2 Delivery of Content. You have or will secure whatever legal authority or consent may be necessary for use, storage, processing and transfer by Virtual Tables, including international cross-border transfer, of Content as permitted by this TOS.
4.3 Licensing Your Content to Virtual Tables. You will retain ownership of the Content that You upload or provide to any Service. You hereby grant to Virtual Tables a royalty-free, worldwide, perpetual, irrevocable, transferable, sublicensable, non-exclusive, right and license to use such Content, in all media existing now or created in the future, as Virtual Tables deems necessary, in its sole and exclusive discretion, to enable You to use the Services, to use in demonstrations or materials that promote the Services, and, if You are the Host, to create Event Features.
4.4 Responsibility for Content. You agree that You are solely responsible for Your Content and for compliance with all laws pertaining to the Content, including laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload or provide the Content to Virtual Tables and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Virtual Tables be liable in any way for any (a) Content that is transmitted or viewed by any End User, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. You acknowledge that Virtual Tables will not be processing, or reviewing for legality any Content but will merely be providing the Services, including enabling the sharing of Content on the Platform. You acknowledge that Virtual Tables shall have the right (but not the obligation) to remove or disable any Content that Virtual Tables, in its sole and exclusive discretion, determines does not comply herewith or is not satisfactory, but that this right shall not excuse You from full responsibility arising from any such Content. Virtual Tables will not be responsible for any destruction, damage, loss or failure to store any Content or resulting from a failure in data transmission or operation of the Service by You.
4.5 Recording. You may not record, take screenshots of, or otherwise save or share the content of any Event, Event Feature or Platform. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content without compensating you. If you do not want others to have that ability, do not use any Service to share Your Content.
5. Representations and Warranties.
5.1 Mutual Representations and Warranties. You represent and warrant to Virtual Tables and Virtual Tables represents and warrants to You: (a) that You or it has the full power and authority to enter into and perform under this TOS, (b) the execution and performance of Your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which You or it is bound, and (c) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
5.2 By You. You represent and warrant to Virtual Tables that: (a) Your Content and Your use of the Services will not infringe any Intellectual Property Right; (b) there are no claims, demands or any form of litigation pending, or to the best of Your knowledge, threatened with respect to any of Your Content; (c) Virtual Tables will not be required to make any payments to any third party in connection with its use of Your Content, except for the expenses that Virtual Tables incurs in the ordinary course of providing the Services; and (d) the use of any instructions, formulae, recommendations, or the like contained in Your Content will not cause injury to any third party.
6. Disclaimers and Exclusions of Warranties. VIRTUAL TABLES PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIRTUAL TABLES DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS USE: (a) WILL BE UNINTERRUPTED, (b) WILL BE FREE OF INACCURACIES OR ERRORS, (c) WILL MEET YOUR REQUIREMENTS, OR (d) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. VIRTUAL TABLES MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT.
7. Limitations of Liability. VIRTUAL TABLES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE LIABILITY OF VIRTUAL TABLES IN CONNECTION WITH THE SERVICES OR THIS TOS EXCEED THE GREATER OF (a) THE AMOUNT PAID BY YOU TO VIRTUAL TABLES DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (b) US$100.00.
You hereby agree to indemnify and hold harmless Virtual Tables, its affiliates and its
and their employees, representatives, agents, directors, officers, managers and shareholders from and against any and all claims, causes of action, liabilities, losses, damages, costs, penalties, and expenses (including reasonable attorneys’ fees) arising out of, resulting from or relating to (a) any alleged breach of Your representations,
warranties or obligations under this TOS or (b) any Content. In the event of a claim against a party entitled to indemnification hereunder, Virtual Tables will have the right to control the defense, settlement, and resolution of any such claim solely as against You and at Your sole expense. However, You may not settle or otherwise resolve any such claim without Virtual Tables’ express written permission.
9.1 Termination. Your right to use any Service as part of an Event shall terminate at the conclusion of the Event. In its sole discretion, with or without notice to You, Virtual Tables may: (a) suspend, limit Your access to, or terminate Your use of the any Service for one or more (or all) Events, (b) remove any of Your Content, and (c) prohibit You from using any service for one or more (or all) Events. If You are not happy with the Services, Your sole remedy is to cease using the Services.
9.2 Effect of Termination. Upon termination of Your use of the Services, all of Your rights hereunder immediately terminate, You must cease using the Services, and Virtual Tables may delete any Content or other materials relating to Your use of the Services, for which Virtual Tables will have no liability to You or any third party.
All notices required or permitted to be given under this TOS will be in writing and delivered to the other party by any of the following methods: (a) U.S. mail, (b) overnight courier, or (c) electronic mail. If You give notice to Virtual Tables, You must use the following addresses: email@example.com. If Virtual Tables provides notice to You, Virtual Tables will use the email provided by You to Virtual Tables. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” You agree that email communication will satisfy this requirement.
11. Governing Law; Dispute Resolution
This TOS, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this TOS, or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of New York, including its statutes of limitations, without reference to conflict of law principles.
All disputes arising out of, relating to or connected with this TOS or Your use of any part of any Service will be exclusively resolved under confidential binding arbitration held in New York, New York, before and in accordance with the Rules of JAMS, by a sole arbitrator applying New York law (without regard for conflicts of law principles). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in New York, New York. Each party hereby irrevocably submits to the personal jurisdiction of such courts. Notwithstanding anything to the contrary in this Section, Virtual Tables may seek equitable relief, including injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
12. Force Majeure.
Neither Party shall be liable for any failure to perform or delay in performing (except for obligations to make payment under this TOS) due to acts of force majeure, which shall include acts of God, natural disasters, riots, war, terrorism, civil disorder, pandemic, epidemic, quarantine, outbreak of communicable disease, measures of any governmental authority, court order, labor dispute or any other causes beyond that Party’s reasonable control (including failures or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines) and other similar causes beyond its reasonable control.
13. Miscellaneous. This TOS will be binding upon each party hereto and its successors and permitted assigns. This TOS is not assignable or transferable by You without the prior written consent of Virtual Tables. This TOS (including all of the policies referenced herein) contains the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Virtual Tables are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. The headings contained in this TOS are inserted for convenience only and shall not affect in any way the meaning or interpretation of this TOS. The use of the terms “including” or “include” shall in all cases herein mean “including, without limitation” or “include, without limitation,” respectively.