Terms of Service

Welcome to Virgin. These Terms of Use (the "Terms") are a binding contract between you and Virgin ("Virgin", "we" and "us"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at: support@virgin.chat

What are the basics of using Virgin?

You may be required to sign up for an account, select a Username, and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Virgin Username that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You cannot grant unauthorized Virgin event access to anyone by, including but not limited to, sharing Virgin account login and email address associated with Virgin account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization's or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity). If there is a dispute between two or more persons or entities as to account ownership, Virgin will have the power (but not the obligation) to be the sole arbiter of that dispute and Virgin's decision (which may include termination or suspension of the account) will be final and binding.

You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.

You will not share your Virgin User ID, account or password with anyone, and you must protect the security of your Virgin User ID, account, password and any other access tools or credentials. You are and will be held responsible for any activity associated with your Virgin User ID and account. You agree to immediately notify Virgin of any unauthorized use of your password or account or any other breach of security. Virgin will not be liable for any loss or damage arising from your failure to comply with this Section.

Privacy

Virgin takes the privacy of its users very seriously. For the current Privacy Policy, please check our Privacy Policy on the website.

Children's Online Privacy Protection Act (United States)

Virgin is intended for use solely by individuals who are eighteen (18) years of age or older. We do not knowingly collect or solicit personally identifiable information from individuals under the age of eighteen (18). If you are under eighteen (18), do not attempt to register for or otherwise use the Services, or send us any personal information. In compliance with the Children's Online Privacy Protection Act ("COPPA"), which requires that online service providers obtain parental consent before knowingly collecting personally identifiable information from individuals under thirteen (13), we do not knowingly collect or solicit such information from individuals under thirteen (13). If we learn that we have inadvertently collected personal information from an individual under thirteen (13), we will promptly delete that information. If you believe that an individual under thirteen (13) may have provided us with personal information, please contact us at support@virgin.chat.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to code, text, graphics, audios, information, software, sound, data, articles, photos, images, illustrations, User Generated Content (as defined below) and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Virgin's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Virgin owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

User Generated Content

Anything you post, upload, share, store, or otherwise provide through the Services is your "User Generated Content". Some User Generated Content may be viewable by other users. You are solely responsible for all User Generated Content you contribute to the Services. You represent that all User Generated Content submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Generated Content that:

• infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
• contain sexually explicit content or pornography;
• contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group;
• exploit minors;
• depict unlawful acts or extreme violence;
• depict animal cruelty or extreme violence towards animals;
• promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
• that violate any law.

User Liabilities

You are solely responsible for all audio, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Virgin. Virgin reserves the right to investigate and take appropriate legal action against anyone who, in Virgin's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

1. engage in any conversation or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Virgin, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Virgin or its users to any harm or liability of any type;
2. record any portion of a conversation without the expressed consent of all of the speakers involved
3. share information (on Virgin or elsewhere) that the speaker explicitly stated was to be treated as "off the record"
4. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
5. violate any applicable local, state, national or international law, or any regulations having the force of law;
6. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. solicit personal information from anyone under the age of 18;
8. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
9. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
10. promote or aid in the building of a competitive product or service, copy the Service's features or user interface, or solicit users or customers from the Service;
11. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
12. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Warranty Disclaimer

Virgin and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Virgin and all such parties together, the "Virgin Parties") make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and Virgin Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. Virgin Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services.

THE SERVICES AND CONTENT ARE PROVIDED BY VIRGIN (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF VIRGIN PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO VIRGIN IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (F) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold Virgin Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Subscription and Cancellation

Discount: Virgin offers subscription services, which may include discounts for certain periods of time to provide rewards, or other benefits at discounted price.

Changes to Subscription Services: Virgin reserves the right to suspend or change the content of the Subscription Service with reasonable prior notice. In addition, changes to the Subscription Service that are detrimental to the user will take effect at least 30 days after the company notifies the user of such changes, so that the user can cancel the renewal before the new changes take effect. Your continued use of the changed subscription service constitutes your acceptance and agreement to such changes.

Coins: Virgin offers users to buy, earn, and use coins within the Virgin Platform. Coins cannot be transferred to other accounts or resold in any manner. If a user's account remains inactive for three (3) consecutive months, all coins (whether it is free or paid) might be frozen, and the user will not be able to see the coins balance in their account. If a user has any requests, please contact Virgin at support@virgin.chat. Virgin will solve the request as soon as possible upon receiving the request and conducting a procedural review.

Renewal and cancellation of subscription services: The subscription service is automatically renewed monthly or weekly, depending on the type of your subscription. If you do not want to renew your subscription, you must cancel your subscription service 24 hours prior to the current subscription period expiring.

Arbitration Agreement

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Virgin and limits the manner in which you can seek relief from Virgin. Both you and Virgin acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Virgin's officers, directors, advisors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in the United States.

(b) Small Claims Court; Notwithstanding the foregoing, either you or Virgin may bring an individual action in small claims court.

(d) Waiver of Jury Trial. YOU AND VIRGIN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Virgin are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Virgin over whether to vacate or enforce an arbitration award, YOU AND VIRGIN WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, and you are responsible for familiarizing yourself with any changes. If we determine that any changes to these Terms are material, we will place an announcement on our site. We will publish the new terms on the official website for 7 days. During the publicity period, you can send your email to contact us at any time. After the publicity period ends, the terms will become effective.

Contact Information

If you have questions about these Terms, please contact us: