Please read these terms of service carefully as this document is a binding legal agreement (the "Agreement") between you and inVR, Inc. (the "Company").
Age Restriction. NO PERSONS
UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW
OR POSSESS ANY OF THE CONTENTS OF THE SITE (AS DEFINED BELOW),
CREATE AN ACCOUNT IN THE APP OR ON THE SITE, OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES
ADVERTISED AT OR IN THE SITE. YOU HEREBY AFFIRM AND WARRANT THAT YOU
ARE CURRENTLY AT LEAST EIGHTEEN (18) YEARS OLD, THE AGE OF MAJORITY
IN YOUR COMMUNITY, AND ARE CAPABLE OF LAWFULLY ENTERING INTO THE
Binding Agreement. The
Agreement spells out the terms and conditions to which you and all
users of this site (the "Site") are expected to adhere. By
creating a free account, downloading the inVR app, or by accessing or using the
Site in any manner, you acknowledge that you have read the
Agreement, understand the Agreement and agree to be bound by its
terms. If you do not agree to be bound by the terms of the
Agreement, you must leave the Site immediately.
Changes to Service. The
Company may change, suspend, discontinue, and/or limit your access
to any portion of the Site and/or Service, including without
limitation, the availability of any feature, database, or Content
(as defined below) at any time without notice or liability to the
Amendments to the Agreement. The Company may change, add, or remove portions of the Agreement at any time and changes are effective upon notice to you by email. posting, or made available as a hyperlink on the Site. Your continued use of the Service will indicate your acceptance of such changes. If future changes to the Agreement are unacceptable to you, or cause you to no longer be in compliance, you may close your account by providing the Company notice pursuant to paragraph 27 and subject to the terms and conditions of the Agreement. From time to time, the Company may ask you to expressly accept the changed terms of service to continue using the Site and/or Service.
Nature of Content. YOU
HEREBY ACKNOWLEDGE THAT THE MATERIALS PUBLISHED, BROADCAST,
CONTAINED, AND/OR DOWNLOADABLE ON THE SITE AND/OR SERVICE, INCLUDING
WITHOUT LIMITATION, VIRTUAL REALITY, VIDEOS, STILL PHOTOGRAPHS, LIVE BROADCASTS,
AUDIO CLIPS, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, SOFTWARE,
LOGOS, ICONS AND ANY OTHER PROPRIETARY CONTENT (COLLECTIVELY, THE
"CONTENT") MAY INCLUDE SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR
TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY,
LESBIAN, AND/OR TRANSSEXUAL SITUATIONS AND THAT YOU ARE FAMILIAR
WITH AND NOT OFFENDED BY SUCH CONTENT.
The Content offered through the App and Site is virtual reality
(“VR”). You must read and agree to abide by the
following warnings before using VR. Please also review and adhere
to the instructions and any warnings for the device(s) that you use
to view VR.
Due to the nature of VR, the
Company strongly recommends that certain individuals consult a
physician prior to using VR, including without limitation
individuals that are elderly, pregnant, and / or suffer from a
heart condition, vision abnormalities, psychiatric disorders and /
or other serious medical conditions.
It is safest to view VR while
seated. Please take notice of your surroundings before viewing VR,
as elements of your surroundings can be dangerous. You should
avoid the following when viewing or shortly after viewing VR:
roads, stairs, balconies, windows, furniture, people, animals,
electronics, objects or other items which you could bump into, fall
over, fall through or cut yourself on. Do not view VR while
engaging in other activities such as walking, biking, dancing,
driving or handling dangerous items.
You agree not to view VR if you
are tired, sick or not feeling well, suffer from a headache, flu,
cold migraine or earache or are under the influence of intoxicants
or are hung-over. You agree not to view VR if you are in a moving
vehicle, as it could increase the likelihood that you suffer from
the symptoms identified herein or other adverse symptoms.
Prolonged viewing of VR should be
avoided as it may have negative impacts on hand-eye coordination,
balance and certain other abilities. Always cease viewing VR and
remove your headset before doing anything that requires attention
In the event that you lose
awareness of your surroundings, being to experience seizures, eye
twitches, blurred or abnormal vision, impaired balance, hand-eye
coordination or nausea, increased sweating, motion sickness, pain,
fatigue, dizziness, disorientation or drowsiness you should stop
viewing VR immediately and consult a physician before resuming
viewing of VR.
Do not view VR for periods in
excess of thirty (30) minute intervals without taking a break of at
least ten (10) to fifteen (15) minutes. If you feel discomfort,
you should take a longer break.
If you elect to view VR in
connection with any other external device, please do so with
caution. Please consult the instructions and heed any warnings
regarding those devices. If use of such devices causes any adverse
symptoms, please cease use immediately.
Consult a physician if you have serious and/or persistent symptoms.
Use of Content. The Content
is intended for distribution exclusively to consenting adults who
are in locations where such Content does not violate community
standards or any applicable local, state, or federal law or
Liability for Improper Use of Content. You agree to be personally liable and fully indemnify the Company and Agent (as defined below) for any and all damages directly, indirectly, and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of Content. Such damages include, without limitation, loss of revenue, loss of profits, loss of property, fines, penalties, attorney's fees, costs, and damages resulting from civil lawsuits, administrative actions, prosecution, and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
LIMITED NON-EXCLUSIVE LICENSE
Grant of License. Subject
to the limitations set forth below, the Company hereby grants you a
limited, non-commercial, non-exclusive, and non-transferable license
(the "License") to use the Content during the period in
which you are a current subscriber in good standing or legitimate
user of the Site. The License will immediately terminate
automatically if you fail to comply with the limitations described
herein, breach any other provision of the Agreement, cease, for any
reason, to be a subscriber in good standing, or are notified of
termination of the License by the Company or its authorized
Limitations on License. You may make no use of the Content not expressly authorized herein or by express written authorization from the Company. You may use the Content only in accordance with the Agreement, only on one computer at a time, and if the Site makes downloadable copies of the Content available, you may make only a single copy of such Content for your personal use and enjoyment. You agree to the following limitations and restrictions on your use of the Content:
You acknowledge and agree that
the Company does not authorize the Content to be accessed, viewed,
downloaded, used by, transmitted, broadcast, or otherwise
disseminated to any person or entity located in any and all areas
prohibited by law ("Prohibited Areas");
You acknowledge and agree that
the Content is intended for your personal, noncommercial use and
the Company does not authorize you to cause or enable others to
access, view, download, receive or otherwise use the Content,
directly or indirectly, including but not limited to (i) anyone
under the age of eighteen (18) years or the age of majority, or
(ii) any person in Prohibited Areas;
You acknowledge and agree that
any and all unauthorized access, viewing, downloading, receipt,
duplication, or other use of the Content in which you are directly
or indirectly involved, shall constitute a material breach of the
Agreement, intentional infringement(s) of the Company's and
potentially others' trademarks, copyrights, intellectual property,
and/or other rights including without limitation, the rights of
privacy and publicity;
You acknowledge and agree that
you are prohibited from:
modifying, translating, reverse
engineering, decompiling, and/or disassembling the Content;
creating derivative works based
on the Content;
renting, leasing, or
transferring any rights in the Content;
removing any proprietary notices
or labels on the Content; and
making any other unauthorized
use of the Content.
Ownership of the Content and Intellectual Property. Except for public domain material or material otherwise licensed to the Company for electronic dissemination, all of the Content displayed at or otherwise available through the Site is proprietary content owned by the Company, its parents, subsidiaries and/or assigns. All editions of the Site and Content and other matter used directly or indirectly in, at, by, through and/or with the Site are protected by the copyright laws of the United States, international copyright treaties, and other laws and regulations. All intellectual property and other rights in and to the Content and other matter on the Site shall at all times remain in the Company, its parent(s), subsidiary(ies) and assign(s).
USER GENERATED CONTENT
acknowledge that any user generated content that you transmit,
including comments, forum messages, text, email, video, audio,
photographs or other types of media to the Company ("Submission")
may be edited, removed, modified, published, transmitted and
displayed by the Company and you waive any rights you may have in
the material. The Company reserves the right (but not the
obligation) to delete, move or revise any Submission at its sole
discretion without notice. You may not infringe on any party's
intellectual property or other rights and must adhere to the
warranties listed under V. REPRESENTATION AND WARRANTIES, as
described below. The Company takes no responsibility and assumes no
liability for any content posted by you or any third party. You
agree to release, indemnity and hold harmless the Company and its
agents for all claims resulting from content you supply.
License Granted. To the extent any Submission is copyrightable material, you grant the Company and its authorized agents a non-exclusive, royalty free, perpetual and fully sublicensable right to use, post, publish, reproduce, adapt, create derivative works from, distribute, and display such Submission throughout the world in any media and for any purpose. By way of example, the Company may sublicense the content and allow third parties to use the material for any purpose.
REPRESENTATION AND WARRANTIES
Your Warranties. You hereby
represent, warrant, and affirm (the "Warranties"):
that you are at least 18 years old
and the age of majority in your community;
that it is legal to view the
materials where you are located;
that you will not permit any
person(s) under the age of 18 (or who are otherwise not legally
permitted) to have access to any of the materials contained on this
that no materials of any kind
submitted through your account including, without limitation,
comments posted on live broadcasts or in public forums, will:
violate or infringe upon the
rights of any third party, including without limitation, copyright,
trademark, privacy, publicity, moral, contract, or other personal or
plagiarize any material owned by
any third party or the Company;
contain violent, obscene, defamatory, harassing, threatening, or otherwise illegal content;
contain bigoted, hateful, or otherwise racially offensive material;
otherwise harm or be reasonably expected to harm any person or entity;
contain commercial or business-related advertisements or offers to sell any products, services, or otherwise (whether for profit or not), or to solicit others (including solicitations for contributions or donations);
contain a virus or other harmful component that tampers with, impairs or damages the Site, Service, or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site and/or Service;
contain materials irrelevant to the designated topic or theme of the relevant public forum;
violate any specific restrictions applicable to a public forum; or
constitute antisocial, disruptive or destructive behavior, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
Breach of the Warranties.
Any conduct that the Company, in its sole discretion, deems to be a
breach of the Warranties shall constitute a breach of the Agreement
and grounds for termination.
Indemnity. You hereby agree to indemnify, defend, and hold harmless the Company and all of its related entities, subsidiaries and parent companies, advertising and promotions agencies and each of the their heirs, successors, officers, directors, employees, assigns, agents, attorneys, representatives, and any other person or entity now or hereafter affiliated with them, and each of them (collectively, "Indemnified Parties"), of and from any and all claims, demands, causes of action, obligations, damages, losses to any person (including death) or property, penalties, attorney's fees, costs, and liabilities of any nature whatsoever, whether or not now known, suspected or claimed, arising out of any breach by you or any other user of your account, whether or not such user has your permission, of the Agreement or the Warranties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall cooperate as fully as is reasonably required in the defense of any claim.
Third Party Violations. The Company does not assure or warrant that third parties or other users will comply with the Warranties or any other provision of the Agreement, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any lack of compliance.
No Warranties by the Company. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND IS MAKING THE SITE AND SERVICE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Disclaimer of Responsibility for Outbound Links. THE SITE CONTAINS LINKS TO OTHER RELATED INTERNET SITES, RESOURCES, AND SPONSORS OF THE COMPANY. YOUR SELECTION OF AN AD BANNER OR LINK WILL REDIRECT YOU FROM THE SITE TO A THIRD PARTY WEBSITE. THE COMPANY HAS NO CONTROL OVER AND NO LIABILITY FOR ANY THIRD PARTY WEBSITES OR MATERIALS. TRANSACTIONS THAT OCCUR BETWEEN YOU AND ANY SUCH THIRD PARTY ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY AND ARE NOT THE RESPONSIBILITY OF THE COMPANY. THE COMPANY MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH SITES, AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENTS OF SUCH OUTSIDE RESOURCES, AND YOU SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO THE THIRD PARTY SITE'S ADMINISTRATOR OR WEBMASTER.
The Company's Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RELATED TO YOUR USE OF THE SITE, THE SERVICE, THE CONTENT AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY, EXCEPTING SUCH INJURY OR DAMAGES CAUSED BY THE COMPANY'S FRAUD, WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER, OR VIOLATION OF LAW BY THE COMPANY.
Users may be required to provide a working
email address and then will receive a confirmation email at that
address. By providing your email address you consent to
receive email notifications and promotion materials from the
Company. If you decide that you do not wish to receive promotional
materials in the future, you can use the opt-out procedures provided
Customer Service and Refund Policy. If you have a question about a transaction on your credit card statement, please contact the appropriate Agent's customer service department using the contact information below. Agents manage the credit and refund policy for the Service on a case-by-case basis. The Company or an Agent will provide you, upon request, access to billing records that support charges for use of the Service. Additionally, you can also contact the Company directly regarding a refund by clicking the "Support" tab on the Site and following the on screen instructions.
Agent Contact Information:
Notice of Copyright Infringement. If you believe that any Content or Submission appearing on the Site has been used in a manner that infringes upon your copyrights, you or your authorized agent 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 a person authorized to act on behalf of the owner of
the exclusive right that is allegedly infringed;
Identification of the material
that is claimed to be infringing or, if multiple copyrighted works
at a single online site are covered by a single notification, a
representative list of such works on the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number or e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's Copyright Agent email is: email@example.com
Counter-Notice. If you believe that your Content or Submission that was removed or disabled is not infringing, or that you have proper authorization to post and use the material in your Content, you may send a counter-notice to our Copyright Agent containing the following information:
Your physical or electronic
Identification of the Content that
has been removed or to which access has been disabled and the
location at which the Content appeared before it was removed or
A statement that you have a good
faith belief that the Content was removed or disabled as a result of
mistake or a misidentification of the Content;
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Our Copyright Agent may send a copy of any counter-notice to the original complaining party informing that party that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.
SECURITY AND PRIVACY
Registration and Security. During the registration process, you will select a user name and password. You may not select or use a user name that: (a) incorporates or is confusingly similar to the name of another person with the intent to impersonate that person; (b) is subject to the rights of any person other than yourself without authorization; or (c) the Company, in its sole discretion, deems offensive.
No Unauthorized Access. You shall not provide any other person or entity access to your account, either directly or indirectly. This includes, without limitation, sending or making available to another party your user name and/or password. Allowing others to gain unauthorized access to the Service is a breach of the Agreement and a violation of law.
Confidentiality and Liability for Account Usage. You shall be solely responsible for keeping your password strictly confidential. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You are responsible for all usage or activity on your account for the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account at the Company's sole discretion, and you may be referred to appropriate law enforcement agencies. You may be held liable for any losses incurred by the Indemnified Parties due to someone else's use of your account or password. You may not use the account, user name, or password of another person or entity at any time.
Notice to the Company. You must promptly inform the Company or Agent of the following: (a) changes in the expiration date of any credit card used in connection with the Site; (b) changes in home or billing address; and (c) known or suspected breaches of security, such as loss, theft, or unauthorized disclosure or use of a user name, password, and/or credit card information. If you have reason to believe that your account has been compromised, please promptly contact the Company at firstname.lastname@example.org. Until the Company or Agent is notified of a breach in security, you will remain liable for any use of the Service.
Law; Dispute Resolution. The
validity, construction, performance, and breach of this Agreement
shall be governed by the internal laws of the State of California,
without regard to conflicts or choice of law principles, except that
the Federal Arbitration Act will govern all provisions relating to
parties agree that any and all disputes or controversies of any
nature between them arising at any time that cannot be resolved
between the parties themselves shall be determined by confidential
(to the extent permitted by law), final and binding arbitration in
San Francisco County, California, in accordance with the Commercial
Arbitration Rules of the American Arbitration Association ("AAA")
before a single neutral arbitrator ("Arbitrator")
mutually agreed upon by the parties. If the parties are unable to
agree on an Arbitrator, the Arbitrator shall be appointed by the
AAA. The parties shall be entitled to conduct discovery in
accordance with the California Code of Civil Procedure then in
effect, provided that (i) the Arbitrator must authorize all such
discovery in advance based on findings that the material sought is
relevant to the issues in dispute and that the nature and scope of
such discovery is reasonable under the circumstances, and (ii)
discovery shall be limited to depositions and production of
documents unless the Arbitrator finds that another method of
discovery (e.g., interrogatories) is the most reasonable and cost
efficient method of obtaining the information sought. The
Arbitrator shall have the power to enter monetary damages and
equitable relief as determined by the Arbitrator. Judgment upon
the award rendered in any such arbitration may be entered in any
court of competent jurisdiction, or application may be made to such
court for a judicial acceptance of the award and enforcement, as
the law of such jurisdiction may require or allow. Nothing in this
section shall prevent either party from seeking interlocutory
and/or injunctive relief from a court of competent jurisdiction.
Class action lawsuits and / or class-wide arbitrations aren’t
allowed. Nor is combining individual proceedings without the
consent of all parties. If the class action waiver is found to be
illegal or unenforceable as to all or some parts of a dispute, then
those parts won’t be arbitrated but will proceed in court, with
the rest proceeding in arbitration.
fees payable to AAA and the Arbitrator hereunder shall be borne
equally by the parties, provided that the prevailing party shall be
entitled to reimbursement by the other party for reasonable
attorneys' fees, expert witness fees, costs and expenses incurred
in the arbitration.
PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL
CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT
WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR
FRAUDULENT INDUCEMENT THEREOF.
ACKNOWLEDGED AND AGREED
You are electronically signing this Agreement by downloading the inVR app or accessing the invr.co web site in any manner. You understand and agree that this Agreement may not be denied legal effect, validity, or enforceability solely because your electronic signature was used in its formation. You further understand and agree that electronic signatures and records are just as good as their paper equivalent, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents.
BY DOWNLOADING THE INVR APP OR BY ACCESSING OR USING THE INVR.CO WEB SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THE INVR, INC. TERMS OF SERVICE IN THEIR ENTIRETY, UNDERSTAND THE TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY AT LEAST 18 YEARS OLD, AND UNDERSTAND THAT MATERIALS PRESENTED AT THIS SITE MAY INCLUDE EXPLICIT NUDITY, VISUAL AND AUDIO REPRESENTATIONS OF SEXUAL SITUATIONS, AND ADULT LANGUAGE.
FURTHER, BY INDICATING ON THE JOIN PAGE THAT YOU HAVE READ AND AGREE WITH THE TERMS OF SERVICE, YOU AFFIRM THAT YOU HAVE READ THE ENTIRE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF SERVICE SET FORTH IN THE AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, ARE UNDER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, DO NOT CREATE A FREE ACCOUNT, DO NO ATTEMPT TO DOWNLOAD THE APP, DO NOT ATTEMPT TO USE THE SITE IN ANY MANNER AND LEAVE NOW!