Terms of Service

By accessing, browsing, or otherwise using vrdl.net (the “Service”), the user (the“User”, “you”, or“your”) agrees to be bound by these Terms of Service (the “Terms”) and all applicable law. If the User does not agree, the User shall not use the Service. Continued use following the posting of revised Terms constitutes acceptance of said revisions without further act or notice.

For the avoidance of doubt: the question of whether one has “used” the Service is determined by us. Our determination is made in good faith. It is also made quickly. Speed, in our experience, tends to settle these matters.

The Service is intended for Users who are at least thirteen (13) years of age and who possess a valid invitation issued by the Company or by an authorized agent thereof. Possession of a valid invite code shall constitute prima facie evidence of eligibility for all purposes of these Terms, including without limitation the establishment of identity, intent, and responsibility. Notwithstanding the foregoing, eligibility confers no rights beyond access to the Service, and nothing in this clause shall be construed as a license, endorsement, or warranty.

If you are under thirteen (13) years of age, please come back when you are not. We will be here. The Service is not going anywhere. It is, if anything, less likely to go somewhere than previously anticipated.

The User shall not use the Service to harass, defame, threaten, or otherwise cause distress to any other natural person, corporation, limited liability company, partnership, unincorporated association, trust, joint venture, or other legal entity (collectively, “Third Parties”). The User shall not upload, transmit, or otherwise make available through the Service any content that is unlawful under the laws of (a) the jurisdiction in which the User resides, (b) the jurisdiction in which the Company is organized, or (c) any jurisdiction through which such content is reasonably likely to transit in the ordinary course of its propagation.

Without limiting the generality of the foregoing, the User shall not impersonate any person or entity, including, without limitation, the Company, any of the Company’s officers, directors, employees, contractors, or streamers whose content appears on the Service. The Company reserves the right, in its sole and unreviewable discretion, to determine what conduct constitutes a violation of this Section.Said discretion shall be exercised, where practicable, on weekday afternoons, with coffee, and without haste.

The User retains all right, title, and interest in and to the content the User uploads to the Service (the “User Content”). The Company claims no ownership in the User Content; the Company claims, and the User hereby grants to the Company, a limited, non-exclusive, royalty-free, worldwide, sublicensable, and revocable license to host, store, reproduce, transmit, display, and otherwise exploit the User Content as is reasonably necessary to operate the Service. This license shall terminate upon deletion of the User Content by the User, subject to the limitations described in Section 6 (Data Retention) of the Privacy Policy.

The User acknowledges that cached and archived copies of the User Content may persist within third-party content delivery networks and similar infrastructure for a period following deletion. The Company does not represent, warrant, or covenant that it controls the emotional life of such infrastructure. The Company does represent, however, that it will instruct such infrastructure, in writing, where practicable. The CDN does not always read what we write.

The User may terminate the User’s account at any time and for any or no reason, by following the instructions set forth in the account settings interface or, in the alternative, by ceasing to use the Service for a continuous period of not less than thirty (30) days. The Company may suspend or terminate the User’s account at any time, with or without cause, with or without prior notice, and with or without subsequent explanation. Termination by the Company shall not entitle the User to a refund of any subscription fees previously paid, except as required by law or by the company’s internal refund policy, which is, at present, the company’s internal refund policy, revised occasionally, available on request.

For the avoidance of doubt: the foregoing paragraph is not a representation that the Company intends to terminate accounts without cause; it is, rather, a reservation of a right. The difference is a matter of corporate practice and is generally within the scope of the reasonable.

The Company shall use commercially reasonable efforts to make the Service available on a continuous basis; however, the Service is provided on an “as available” basis and the Company does not guarantee, represent, or warrant that the Service will be available at any particular time, for any particular duration, or in any particular jurisdiction. The Service may be interrupted by maintenance, upgrades, network failures, third-party service outages, supply chain disruptions, force majeure events, or acts of God, whether or not such acts are formally recognized under applicable law.

Without limiting the generality of the foregoing, the Company shall not be liable for damages arising from Service unavailability, including but not limited to lost productivity, missed social opportunities, the inability to share a particularly good clip at the precise moment the User wished to share it, and any consequences flowing from any of the above. The vibes, similarly, are not warranted to remain positive. The vibes are community-generated. We are its custodian, not its author.

THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

The Company does not warrant that the Service will be uninterrupted, error-free, secure, or free from harmful components; that any defects will be corrected; that the Service will meet the User’s particular requirements; or that any content transmitted through the Service will be successfully delivered, properly attributed, or accurately indexed.

To the maximum extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, contractors, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, including without limitation lost profits, lost data, business interruption, or any other commercial or non-commercial damages, arising out of or related to the User’s use of, or inability to use, the Service, regardless of the cause of action and regardless of whether the Company has been advised of the possibility of such damages. The Company’s total aggregate liability for any and all claims arising under or related to these Terms shall not exceed the greater of (a) the amount paid by the User to the Company in the twelve (12) months immediately preceding the claim, or (b) one United States dollar (USD $1.00), which figure is approximately the cost of a small coffee in most jurisdictions and is not, by design, a meaningful number.

The User shall indemnify, defend, and hold harmless the Company, its parent, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from or related to (a) the User’s use of the Service, (b) the User Content, (c) the User’s breach of these Terms, or (d) the User’s violation of any law or the rights of any third party.

Strictly speaking, this Section is not a waiver by the Company of any right it would otherwise enjoy at common law or in equity; it is rather an affirmation of those rights, expressed in the contractual idiom, for the avoidance of doubt on the part of the User.

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles or its rules on renvoi. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be brought exclusively in the state and federal courts located in Dallas County, Texas, and the User hereby consents to the personal jurisdiction of such courts and waives any objection to venue therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Choice of law and forum were selected for reasons that are, in the main, local; they are not, in any event, intended to convey any opinion on the merits of competing jurisdictions.

The Company reserves the right, in its sole discretion, to modify, amend, or replace these Terms at any time. Material modifications shall be communicated through the Service and, where reasonably practicable, by electronic mail to the address on file. Continued use of the Service following the effective date of any such modification constitutes the User’s acceptance thereof.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to render it enforceable, and the remaining provisions shall continue in full force and effect. The Company shall not, by reason of any such modification or severance, be deemed to have endorsed the underlying judicial determination; the Company respectfully reserves its position on the question.

These Terms, together with the Privacy Policy, the Cookie Notice (if any), and any operating rules or policies posted on the Service, constitute the entire agreement between the User and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition; any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.