Terms

TERMS OF USE

This Web site (the "Site") is offered to you by Virial, Inc. ("Virial") conditioned upon your acceptance, without modification, of these "Terms of Use". Your use of this Web site constitutes your binding agreement to these Terms of Use. Should you not agree, in any way whatsoever, with these Terms of Use, then you are not licensed or authorized to use the Site and should leave immediately. Virial reserves the right to change these Terms of Use at any time without notice to you.

1. YOUR USE OF THE SITE.

1.1. License. Virial grants you the right and license to use this Site in strict conformity with these Terms of Use. Any other use or exploitation of this Site or the content available at this Site is prohibited.

1.2. Non-Commercial/Personal Use Limitation. Virial licenses you to use this Site for your personal use, and not for any commercial purpose.

1.3. Communications/Messages. If this Site allows you the ability to post communications or send messages of any kind, you agree that none of your messages will contain information or content that is infringing, obscene, indecent, unlawful, defamatory, abusive, harassing, stalking, constitutes invasion or privacy or misappropriation of statutory or common law rights to publicity/personality. Additionally, you agree to refrain from uploading any data that may contain viruses or material to which you do not own the copyright or have a license to upload.

1.4. Reservation of Rights. Any rights not expressly granted herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the content available at the Site, in whole or in part, without the prior written consent of Virial, except as expressly permitted in this Agreement, or as otherwise allowed by copyright law.

2. LINKS TO THIRD PARTY SITES/THIRD PARTY COMMUNICATIONS.

2.1. Hyperlinks. This Site may contain hyperlinks or other references to third party Internet sites that Virial does not own or operate. Such hyperlinks are provided for your reference only. Virial makes no warranties or representations regarding the availability of, or the content located on or through, such sites. Virial does not endorse, sponsor, or review the content contained at the sites to which hyperlinks on Virial web sites are directed, nor does Virial represent that such sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, Virial does not accept any responsibility or liability for content contained at such sites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at this site.

2.2. Third party Postings. Virial, Inc. is in the business of hosting web sites that contain information or advertising for third parties. Virial expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the Site, including messages, information, and advertising of its clients or licensors. Virial shall not be deemed to have considered, reviewed, screened, or approved of any such third party communication. However, Virial reserves the right for any reason to remove without notice any communication made available via the Site, and to deny in its sole discretion your access or any user access to communications made available via this Site.

3. INTELLECTUAL PROPERTY.

3.1. Unless otherwise indicated, all right, title, and interest in and to this Site, including the content contained here, is the exclusive property of Virial, Inc. This Site is Copyright © 2000 Virial, Inc. or its licensors. All rights reserved.

3.2. Any and all Software, including without limitation all html code, script, source code, object code, computer programs, and other sets of statements or instructions contained in or underlying this Site, is owned by Virial and/or its licensors and is protected by copyright laws and international treaties. Any reproduction or redistribution of such software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

4. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.

4.1. NEITHER VIRIAL NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES VIRIAL, ANY OF PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE AND THE CONTENT AT THE SITE ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIRIAL AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.

4.2. NEITHER VIRIAL, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.3. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF VIRIAL, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

5. GENERAL TERMS.

5.1. Notices. Notices by Virial to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in this Agreement, as follows:

(b) Electronic mail (e-mail) must be sent to virial@virial.com.

Virial, Inc.

2911 Brighton 5^th Street, Suite 3R

Brooklyn, NY 11235

5.2. Governing Law/Forum Selection. This agreement is governed by the laws of the State of New York, USA applicable to contracts made and performed in the State of New York, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in New York, New York, USA in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms of Use or this Site.

5.3. Relationship Between the Parties. Nothing contained in these Terms of Use shall be construed to constitute you and Virial as partners or joint venturers or to constitute employment or any type of agency.

5.4. Severability. If any provision of this Agreement is held invalid, unenforceable or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect.

5.5. Full Integration. These Terms of Use constitute the entire agreement between you and Virial related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between the you and Virial relating to this Site.

5.6. Written Agreement. These Terms of Use constitute a written agreement between you and Virial. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.

THANK YOU FOR USING THE SITE.