Welcome to Virtual Museum (VM) | Version dated: June 2021
This agreement is made and entered into at Colombo in the Democratic Socialist Republic of Sri Lanka on this date below/above mentioned (hereinafter referred to as the ‘Agreement’) between you and NCEASL, a Trust duly incorporated under the laws of Sri Lanka, in the said Republic which has launched trilingual Virtual Museum (hereinafter referred to as “VM" which term or expression as herein used shall where the context so requires or admits mean and include the trilingual Virtual Museum launched by the said NCEASL , its successors and permitted assigns)
This Agreement governs your access and use of products, content and services offered by VM and its affiliates such as Religious software and related updates, upgrades and features, and all online and mobile services, platforms, websites, and live events hosted by or associated with VM (collectively "VM Services").
Whereas the purpose of VM and VM Services is to share and archive information in interactive form regarding Freedom of Religion and/ or Belief . The space is created to foster historical awareness on the progression of and social respect for the freedom of religion or belief in Sri Lanka and co-existence amongst all communities in Sri Lanka and to highlight important events in the history of Sri Lanka relating to any Religion and Belief.
BY USING VM SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS GIVEN HEREIN. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE VM SERVICES.
The VM Services are licensed to you, not sold. VM grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the VM Services to which you have access for your non-commercial use, subject to your compliance with this Agreement.
You may not access, copy, modify or distribute any VM Service, Content (as those terms are defined below), unless expressly authorized by VM or permitted by law. You shall not reverse engineer or attempt to extract or otherwise use source code or other data from VM Services, unless expressly authorized by VM or permitted by law. VM or its licensors own and reserve all other rights, including all right, title and interest in the VM Services and associated intellectual property rights.
The VM Services include Content. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or coming from VM Services, as well as the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes forum posts, chat posts, artifacts published and other content contributed by users to VM Services. All Content is either owned by VM or its licensors, or is licensed to VM and its licensors pursuant to Section 4 below.
3. Availability of VM Services and Updates
We do not guarantee that any VM Service and Content will be available at all times, in all locations, or at any given time or that we will continue to offer a particular VM Service and Content for any particular length of time. VM does not guarantee that VM Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographical locations.
From time to time, VM may update, change or modify an VM Service and Content without notice to you. These updates and modifications may be required in order to continue to use VM Services.
VM may need to update, or reset certain parameters to balance software and usage of VM Services. These updates or "resets" may cause you setbacks within the relevant activities and may affect characters, event, groups or other Entitlements under your control.
4. Your UGC
You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.
VM may, in its sole discretion, remove, edit or disable UGC for any reason, including if VM reasonably determines that UGC violates this Agreement, the law or Intellectual Property Rights of third party. VM does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. VM does not pre-screen all UGC and does not endorse or approve any UGC available on VM Services.
When you contribute UGC, you grant to VM, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC on an VM Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant VM Service without further notice, attribution or compensation to you.
5. Rules of Conduct
When you access or use VM Services, you agree that you will not:
violate any law, rule or regulation.
interfere with or disrupt any VM Service or any server or network used to support or provide an VM Service, including any hacking or cracking into an VM Service.
use any software or program that damages, interferes with or disrupts an VM Service or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.
publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute.
publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that VM (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
post messages for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
impersonate another person or falsely imply that you are an VM employee or representative.
improperly use in support or complaint buttons or make false reports to VM staff.
attempt to obtain, or phish for private information from users on VM Services.
use any robot, spider or other automated device or process to access VM Services for any purpose such as scraping data or copying material.
modify any file or any other part of the VM Service that VM does not specifically authorize you to modify.
use or distribute unauthorized software programs or tools (such as "auto", "macro", hack or cheat software), or use exploits, bugs or problems in an VM Service to gain unfair advantage.
engage or assist in cheating or other anticompetitive behavior (such as boosting, collusion, and match or matchmaking manipulation).
use or distribute counterfeit software or VM Content.
attempt to use an VM Service on or through any service that is not controlled or authorized by VM.
engage in any other activity that significantly disturbs the peaceful, fair and respectful religious environment of VM Service.
incite racial or communal disharmony or hate speech by using VM services or content.
use information about users publicly available in any VM Service for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
promote, encourage or take part in any prohibited activity described above.
If you or someone using VM services, violates these rules and fails to remedy such violation VM may take action against you, including revoking access to certain or all of VM Services, and/or Content.
If you encounter another user who is violating any of these rules, please report this activity to VM using the "Help" or "Report Abuse" functions in the relevant VM Service, if available, or contact customer support at ………………..
VM may, in its discretion, monitor or record online activity or Content on VM Services and may remove any Content from any VM Service at its discretion. Remember that your communications and your UGC in an VM Service are public and will be seen by others.
Your use of VM Services is subject to VM's Privacy and Data Protection Policy at ……………. which is incorporated by reference into this Agreement.
UGC or other content or comments published on VM by its users or otherwise do not reflect the view, stances or believes of VM.
VM does not assume any responsibility as regards the accuracy, reliability or usefulness of the UGC or other contents or comments published on VM by its users.
7. Termination and Other Sanctions
This Agreement is effective until terminated by you or VM.
VM may terminate this agreement at any time , if VM determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of VM Services. When practical, VM will notify you of the termination.
Upon termination of this agreement, your license under this Agreement to use access VM services also shall terminate.
Instead of termination and prior to any termination, VM may issue you a warning, suspend or alter your access to VM Services, delete any Content which is in violation with this Agreement, or ban your device or machine from accessing VM Services.
If you believe that any action that has been taken in error, please contact customer support at ……………………………
If you terminate this agreement, you agree to cease use of all VM Services.
Sections 4, 6, 7-8, 10-14 of this Agreement survive termination of this Agreement.
8. Use of Data
9. Other Software, Utilities and Tools
VM Services may require or allow you to download software, software updates or patches, or other utilities and tools from VM or its licensors onto your computer, entertainment system or device. These technologies may be different across platforms, and the performance of VM Services may vary depending on your computer and other equipment. You understand that certain updates to these technologies may be required in order to continue use of VM Services.
10. Third Parties
Some VM Services may give you the option to participate any religious activities on servers not owned or controlled by VM. VM does not control those services and is not responsible for your use of the VM Service on or through them. These third-party services may subject you to additional or different terms and restrictions.
VM Services may include hyperlinks to third-party websites. Those sites may collect data or solicit personal information from you. VM does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.
11. Warranties; Limitation of Liability.
VM SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, VM GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A USAGE OR PRACTICE. VM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF VM SERVICES; THAT THE VM SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE VM SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT VM SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE. VM DOES NOT WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED VIA VM
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, VM AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY VM'S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR VM SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF VM KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GRVMTER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE VM SERVICE. VM DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DVMTH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
12. General Terms
This Agreement, together with any other VM terms that govern your use of VM Services, constitutes the entire agreement between you and VM. The Agreement may not be amended or modified unless made in writing and signed by VM. The failure of VM to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.
This Agreement is made, governed by and construed in accordance with the Laws for the time being in force in Sri Lanka.
13. Changes to this Agreement
VM may modify this Agreement from time to time, so please review it frequently.
For VM users who accepted a previous version of this Agreement, the revisions will become effective 30 days after posting at ……………….. . Your continued use of VM Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the VM Service provided.
14. Dispute Resolutions
This Section 14 offers a streamlined way to resolve disputes between us if they arise.
Most of your concerns can be resolved quickly and satisfactorily by logging into the VM customer support interface.
Any dispute between the parties as to matters arising pursuant to this Agreement which cannot be settled amicably within thirty (30) days after receipt by one party of the other party’s request for such amicable settlement may be submitted by either party to commercial arbitration.
Any dispute or difference arising out of or in relation to this User License Agreement shall be resolved by way of Arbitration. The arbitration shall be conducted in accordance with the Arbitration Act, No 11 of 1995 and the Rules of the ICLP (Institute for the Development of Commercial Law and Practice) Arbitration Centre Rules. The seat of Arbitration shall be Colombo and the Language of the Arbitration shall be English.
The Arbitration shall be by a Sole Arbitrator and Party referring the dispute to arbitration shall nominate 3 names requiring the other party to accept one of such nominations as the Sole Arbitrator. In the event there is no agreement between the parties as to the appointment of the Sole Arbitrator within 28 days of nomination as aforesaid, such appointment shall be made by the Board of ICLP in terms of ICLP Arbitration Centre Rules.
This Section 15 is an agreement between you and VM, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns.
Changes to this Arbitration Agreement
VM will not enforce material changes to this agreement to arbitrate, unless you expressly agree to the changes.