VLGE Terms of Use

Updated: 25th March, 2024

Thank you for visiting VLGE. Please carefully read these Terms of Use (“Terms” or “Agreement”) and our Privacy Policy, which is incorporated into these Terms by this reference. 

These Terms are a legal agreement between you and VLGE and govern your access to and use of the Services (as defined below). 

The VLGE Platform (defined below) enables users to build interoperable, hyper-personalized, and gamified 3D worlds in minutes. A world may be made available to users of the VLGE Platform and you will control the pricing and business model (free, free-2-play or premium) of the Game. By utilizing our Services, you acknowledge and agree that VLGE is a non-custodial provider of software services that has developed and distributed the VLGE Platform where the Services occur without any involvement or actions taken by VLGE or any third-party. 

THE SERVICES ARE NOT INTENDED FOR THE USE OF CHILDREN UNDER 18 AND NO SUCH PERSON IS AUTHORIZED TO USE THEM. BY USING THE SERVICES, YOU ARE REPRESENTING THAT YOU ARE AT LEAST 18 YEARS OLD. YOU ALSO REPRESENT, BY ACCESSING OR USING THE SERVICES, THAT YOU ARE OF LEGAL AGE TO ENTER INTO LEGAL AGREEMENTS. 

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE SERVICES. 

AUTO-RENEWAL NOTICE: SOME OF DIGITAL CLIENT’S SERVICES ARE SUBSCRIPTION-BASED AND AUTO-RENEWING ON A RECURRING BASIS. THIS MEANS THAT WE WILL BILL THE PAYMENT METHOD THAT YOU PROVIDE TO US UPON YOUR INITIAL PURCHASE AND ON A RECURRING BASIS AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR RECURRING SUBSCRIPTION PLANS, YOU AUTHORIZE RECURRING CHARGES TO YOUR PAYMENT METHOD. Please see other terms below in Section 4 (“Fees”) regarding your subscription to the Services, including with regard to terminating your subscription. 

1. Definitions 

“Content” means, collectively, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code in Services, but excluding User-generated worlds.

“Creative Materials” means the rights, title and interest in and to any artwork, designs, drawings, photographs, labels, logos, insignia, trademarks, trade dress, copyright, formulas and other creative materials that may be associated with a virtual world. 

“VLGE Platform” means the platform hosted on the Website, which enables users to build interoperable, hyper-personalized, and gamified 3D worlds in minutes. 

“Linked Sites” means any links from the Services to other independent third-party websites.

“Services” means, collectively, the VLGE Platform, VLGE’s services and the Website. 

“Submission” means any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) as well as any profile picture, banner, biography or other images or content connected to your profile. 

The terms “User” or “you” means Website visitors, users of the VLGE Platform, and the individual accepting these Terms on behalf of any legal entity. 

“Website” means VLGE’s website at www.vlge.com. 

2. Proprietary Rights 

You acknowledge that VLGE retains all proprietary rights in and to the Service, including the underlying software, pre-built assets, and the metaverse infrastructure itself. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Service.

3. Licenses 

VLGE hereby grants to User, for the term of User’s subscription, a non-exclusive, non-transferable, non-sublicensable right and license to use the VLGE Platform, subject to the terms of this Agreement. VLGE reserves all rights, title, and interest in and to the Services, including all related intellectual property rights, subject to the limited rights expressly granted hereunder and the provisions related to open source components and User-generated experinces.

4. Fees and Payment 

4.1 For Platform Services 

4.1.1 By subscribing to the VLGE Platform, you agree to pay the associated subscription fees and any applicable taxes. You will be presented with the subscription options, the amount of the associated fees and whether the subscription is recurring prior to processing the transaction. Except as expressly set forth herein, all fees are non-cancelable and nonrefundable. Subscription fees are subject to change. If we change our rates, we will provide notice to you in advance of your renewal period and give you an opportunity to cancel. 

4.1.2 VLGE uses a third party not affiliated with us to process payments. You agree that the third party processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. You may be subject to additional terms of use and/or privacy policies of the third party processor when you purchase our Services. 

4.1.3 As noted above, fees for some of our subscription plans are auto-renewing on a recurring basis. You hereby authorize recurring charges to the payment card that you provide to us. We will bill your payment card upon your initial purchase (or at the end of a free trial if applicable) and on a recurring basis at the beginning of your new renewal period. You agree that VLGE will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under these Terms. You are responsible for letting us know immediately if you suspect any unauthorized use of your credit card or login credentials. 

4.1.4 If we cancel your subscription for a reason other than for cause (such as your breach of these Terms), we will issue you a refund for your unused portion of your subscription. 

4.1.5 From time to time we may offer free trials to, or introductory pricing for, the Services. These offers are available to you only if you have not previously been a subscriber to subscriber content. If you respond to a free trial or introductory pricing offer but do not qualify, we reserve the right to reject your order. 

4.1.6 You agree to keep your account and payment information current at all times. To make changes to your payment or account information, please contact us at hello@vlge.com or make changes in your account settings. 

5. Use of Services; Representations and Warranties; Acceptable Use Policy

5.1 Use of Services

5.1.1 Grant of License: VLGE INC. grants you a non-exclusive, limited, revocable license to access and use the Service in accordance with these Terms of Use.

5.1.2 Restrictions on Use: You agree not to:

• Use the Service for any illegal or unauthorized purpose.
• Violate any applicable laws or regulations.
• Infringe on the intellectual property rights of VLGE or any third party.
• Transmit any viruses, malware, or other harmful code.
• Disrupt or interfere with the use of the Service by others.
• Collect or store personal data about other users without their consent.
• Engage in any behavior that could damage the reputation of VLGE.
• Use the Service in a manner that is inconsistent with these Terms.

5.1.3 Third-Party Services: The Service may integrate with or link to third-party services. Your use of such third-party services is governed by the terms and conditions of those services.

5.2. Representations and Warranties

5.2.1 Your Representations: You represent and warrant that:

• You are of legal age to enter into a binding contract.
• You have the right, power, and authority to enter into these Terms.
• You will use the Service in compliance with these Terms.

5.2.2 Disclaimer of Warranties: VLGE INC. disclaims all warranties, express or implied, regarding the Service, including warranties of merchantability, fitness for a particular purpose, non-infringement, and availability. The Service is provided "as is" and "as available" without warranty of any kind.

5.3. Consequences of Violation

If you violate these Terms of Use, VLGE INC. may take any legal action available to it, including terminating your account and access to the Service.

5.4. Updates to Terms

VLGE INC. reserves the right to update these Terms of Use at any time. We will notify you of any changes by posting the new Terms on the Service. Your continued use of the Service after the posting of any revised Terms constitutes your acceptance of such revised Terms.

6. Copyright Policy 

We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; 
• description of the copyrighted work that you claim has been infringed; 
• description of the material that you claim is infringing and where it is located on the Services; ● identification of the URL or other specific location on the Services where the material that you claim is infringing is located; 
• your address, telephone number, and email address; 
• statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
• statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

You can contact our Copyright Agent via email at hello@vlge.com or by mail at Copyright Agent, c/o VLGE 34 Avenue des Champs Elysees, 75008 Paris, France 

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation. 

7. Term; Suspension; Termination 

7.1 Should you wish to cancel your subscription, please let us know in advance of your renewal date by contacting us at hello@vlge.com or using any self-service tools in your account settings. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your payment method. We reserve the right to issue refunds at our sole discretion. If we provide a refund, we are not obligated to do so again in the future. 

7.2 VLGE may terminate your use of the Services or any of our features if we discontinue the Services. VLGE may also, in its sole discretion, without prior notice and to the extent applicable, suspend or terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms (including for non-payment of fees) or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms will cause irreparable harm to VLGE for which monetary damages would be inadequate, and you consent to VLGE obtaining any injunctive or equitable relief that VLGE deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies VLGE may have at law or in equity.

7.3 With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise. 

7.4 The provisions of this Agreement concerning Services security, prohibited activities, copyrights, trademarks, Submissions, disclaimers, limitation of liability, resolution of disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement. 

8. Risks; Disclaimers; Limitation of Liability 

8.1 The Service is a complex software platform and may experience occasional downtime or errors. You acknowledge that your use of the Service is at your own risk.

8.2 The Service may contain content created by third parties. VLGE INC. does not endorse or control such content and makes no representations or warranties about its accuracy, reliability, or safety.

8.3 THE SERVICES AND ALL CONTENT AND NFTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” VLGE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. 

8.4 The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action. 

8.5 EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL VLGE OR ITS THIRD PARTY LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF VLGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL VLGE’S LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED $100. YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you. 

9. Indemnity. 

You agree to indemnify and hold VLGE, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the "Indemnified Parties" harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against VLGE by any third party (including any governmental or regulatory authority) due to or arising out of or in connection with: (a) your access to or use of the Services; (b) your violation of these Terms or any applicable law or regulation; (c) your violation of any rights of any third party; (d) any disputes or issues between you and any third party; 

The indemnification obligations contained herein shall survive any termination or expiration of these Terms or your relationship with VLGE.

10. Governing Law; Dispute Resolution.

‍You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the State of Delaware excluding: (a) its conflicts of law principles; and (b) the United Nations Convention on Contracts for the International Sale of Goods, and any disputes, actions, claims or causes of action arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware. The prevailing party in any dispute, whether or not suit is brought, shall be entitled to an award of its reasonable attorneys’ fees actually incurred. YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS OR USE OF THE SERVICES. 

11. Users Outside of the United States. 

11.1 While the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws. 

11.2 Canada. The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement. 

12. Miscellaneous 

12.1 The Services may contain Linked Sites, which are provided solely as a convenience to our users. Such Linked Sites are not under VLGE’s control, and VLGE is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. 

12.2 You may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document. 

12.3 You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. 

12.4 All provisions of these Terms are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. 

12.5 These Terms, together with the Privacy Policy and any other legal notices published by VLGE, constitute the entire agreement between you and VLGE with regard to your use of the Services. VLGE reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time upon notice to you. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes. If you do not agree with the modified terms, you may cancel your subscription. We last modified this Agreement on the date listed at the top of these Terms. 

12.6 VLGE’s failure to insist on or enforce strict performance of these Terms shall not be deemed a waiver by VLGE of any provision or any right it has to enforce these Terms. Any such waiver must be in writing in order to be effective. Except as expressly set forth herein, these Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. 

12.7 This Agreement is binding on the parties hereto and their respective successors and permitted assigns. Customer may not assign this Agreement without the prior written consent of VLGE. Any assignment in violation of this section is void. 

12.8 VLGE’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control, including but not limited to, acts of God, war, strikes, fires, floods, governmental restrictions, power failures, pandemics or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement. In the event that VLGE is not able to provide Services during such event, during such period Customer’s obligation to pay for the Services shall be suspended. 

12.9 No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. 

12.10 The parties are independent contractors. No joint venture, partnership, employment, or agency relationship exists between Customer and VLGE as a result of this Agreement or use of the Services. 

12.11 Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. 

Questions and Contact Information 

Please contact us if you have any questions about our Terms. You may contact us by sending correspondence to the address below or by emailing us at hello@vlge.com.