NOTE: This document contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you register for this website.
VIRGOSCRIPT, LLC. (“MIGRATION SOCIAL”) RESERVES THE RIGHT TO MODIFY OR TERMINATE THE MIGRATION SOCIAL WEBSITE (“SOCIAL MEDIA WEBSITE”) AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW. YOU AGREE THAT YOU WILL REVIEW THESE OFFICIAL TERMS AND CONDITIONS (“TERMS”) PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE TERMS AND ANY MODIFICATIONS HEREOF.
1. Registration. To qualify for registration, you must be an individual, at least eighteen (18) years of age as of the date of enrollment. To register for the Social Media Website and set up your social media account, you must register at www.migrationsocial.com (“Website”). To register, you must visit the Website and follow the registration instructions, including entering your date of birth, your name, e-mail address, user name, password, city, state and country. While registering, you must accept the Social Website Terms. Only the individual named as the primary account holder will be entitled to any rewards or prizes awarded from Migration Social. Should your contact information change, it is your sole responsibility to correct the information by visiting the Website and following the directions to update the information. If you use this Social Media Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. Participation in the Social Media Website is subject to the Terms, as well as policies and procedures that Migration Social may adopt or modify from time to time. Any failure to abide by the Terms or any policies or procedures implemented by Migration Social, any conduct detrimental to Migration Social, or any misrepresentation or fraudulent activities in connection with this Social Media Website may result, in addition to any rights or remedies available to Migration Social in law or equity, in the termination of membership in the Social Media Website, in Migration Social’s sole discretion.
2. Modification To Terms. Participation in the Social Media Website is offered at the discretion of Migration Social and it reserves in its sole discretion the right to modify the Terms, conditions of participation, or any other aspect of the Social Media Website, in whole or in part, at any time, with or without notice. Migration Social will give reasonable advance notice of any modification of the Terms hereof which may adversely impact your account. Members understand that the most recent version of the Terms will be located at the Social Media Website. A member’s continued use of the Social Media Website following the posting on the Website of conspicuous notice of any modification will indicate member's acceptance of any modification to the Terms hereof. Any member may object to the modification to the Social Media Website and/or its Terms by no longer participating.
3. Limitation on Liability. RELEASEES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE SOCIAL MEDIA WEBSITE (B) ANY FAILURE OR DELAY BY MIGRATION SOCIAL IN CONNECTION WITH THE SOCIAL MEDIA WEBSITE (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS SOCIAL MEDIA WEBSITE); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE SOCIAL MEDIA WEBSITE BY MIGRATION SOCIAL, EVEN IF MIGRATION SOCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
4. Disclaimer of Warranties. MIGRATION SOCIAL MAKES NO WARRANTY OF ANY KIND REGARDING THE SOCIAL MEDIA WEBSITE, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FREIXENET EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS SOCIAL MEDIA WEBSITE WILL BE ERROR-FREE. MIGRATION SOCIAL FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE SOCIAL MEDIA WEBSITE. MIGRATION SOCIAL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
5. Acts Beyond Migration Social’s Control. The failure of Migration Social to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities or for any other reason beyond the reasonable control of Migration Social, shall not be deemed a breach of the Terms.
6. Dispute Resolution/Choice of Law. Except where prohibited, each participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Social Media Website shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court or the appropriate Illinois State Court located in Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Social Media Website, but in no event attorneys’ fees; and (c) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the participant and Releasees in connection with the Social Media Website, shall be governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
7. No Waiver. Migration Social’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Migration Social in writing.
9. Complete Agreement. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between Migration Social and the Social Media Website members relating to the Social Media Website, and replaces any prior understandings or agreements (whether oral or written) regarding the Social media Website. If a court finds any of these Terms to be unenforceable or invalid, that term(s) will be enforced to the fullest extent permitted by applicable law and the other Terms will remain in full force and effect.
Administrator: Virgoscript, LLC, 4344 N Monticello Ave, #3, Chicago, IL 60618