Last updated: June 16, 2017
IMPORTANT — THESE TERMS AND CONDITIONS (“AGREEMENT“) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” or “YOUR“) AND INCEPTION VR, INC. (HEREINAFTER “COMPANY,” “WE“, “US” OR “OUR“) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR USE OF WWW.INCEPTIONVR.COM AND ANY OTHER WEBSITE OWNED AND OPERATED BY COMPANY (THE “WEBSITE(S)“), INCLUDING ANY OF OUR SERVICES OFFERED THROUGH SUCH WEBSITES (THE “SERVICE(S)”). BY USING THE WEBSITES OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE SERVICES AT ANY TIME. IF WE CHANGE THIS AGREEMENT, WE WILL POST THE REVISED AGREEMENT ON THE APPLICABLE WEBSITE(S).
WE ENCOURAGE YOU TO REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME AND NOTE THE EFFECTIVE DATE OF ANY REVISED AGREEMENT.
BY CONTINUING TO USE ANY WEBSITES OR TO PURCHASE OR USE ANY SERVICES FROM COMPANY AFTER THE NEW EFFECTIVE DATE, YOU AGREE TO BE BOUND BY SUCH CHANGES.
Our Services are intended for persons older than 13 years of age. Persons under 13 are prohibited from providing personal information on our Websites or via our Apps. If you are under 18, you may only use our Websites and Apps with the supervision of a parent or guardian 18 years of age or older.
Any software, mobile applications, products, devices or other services offered by Company from time to time (collectively “App(s)”) are subject to additional end user license terms, rules, policies, and procedures (collectively “Additional Terms“). Where additional terms apply, we will make them available for you in connection with your use of that App. By using our Apps and any service thereon, you agree to the Additional Terms. Without limiting any other terms in this Agreement or Additional Terms, you must comply with all applicable laws and third-party terms of agreement when using any Application Store.
You are responsible for your use of the Websites and Services. Our goal is to create a positive, rewarding, and safe experience in connection with our Websites and Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Company. When you use the Websites and Services, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages or content contained in the Websites or Apps (although Company may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and Company reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Websites or Apps;
- attempt to circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Websites or Apps;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites or Apps; or advocate, encourage, or assist any third party in doing any of the foregoing
The Websites, Services and Apps, and any intellectual property rights therein are owned by Company and/or its licensors. The Websites, Services and Apps, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole (“Content”), are protected under copyright and other laws. You must abide by all additional copyright notices or restrictions contained in the Websites, Apps or elsewhere. You may not delete any author attributions, legal or proprietary notices in the Websites, Apps or elsewhere.
You agree that (1) the Websites, Services and Apps may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited for personal gain; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites, Apps or any Content or components that are available on the Websites or Apps; and (3) you may not make commercial use of any webpage or Services provided by Company, including redistribution or copying by means; except with the prior, express written permission of Company.
You agree not to interfere or take action that results in interference with or disruption of the Websites or Apps or servers or networks connected to the Websites or Apps. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites or Apps. Company reserves all other rights. Except as expressly provided herein, nothing on the Websites or as part of the Services will be construed as conferring any license under Company’s and/or any third party’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Company may revoke any of the foregoing rights and/or your access to the Websites and Services, including the App, or any part thereof, at any time without prior notice.
All Content, product names, trademarks, service marks and logos on the Websites Apps or as part of the Services, unless otherwise noted, are wholly owned or validly licensed by Company. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
If you submit any feedback, ideas, suggestions or testimonials to Company, we have the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet. You may only post ideas and material to the Websites if you have obtained appropriate copyright and other permission to post such materials and to permit Company to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
- We recommend that you review the caution and instructions published by the VR headset and mobile device manufacturer.
- Some viewers may experience discomfort while or after viewing VR content such as dizziness, nausea, headaches, impaired balance or disorientation for some viewers. If you experience any such symptom, stop viewing VR content; remove the VR headset and rest.
- PREGNANT WOMEN, THE ELDERLY, SUFFERERS OF SERIOUS MEDICAL CONDITIONS (such as epilepsy or seizures), THOSE WHO ARE SLEEP DEPRIVED OR UNDER THE INFLUENCE OF ALCOHOL SHOULD AVOID USING VR HEADSET AND VIEWING VR CONTENT.
- For the safest experience always remain seated when watching VR content. Take special care to ensure that you are not near other people, objects, stairs, balconies, windows, furniture, or other items that you can bump into or knockdown when using or immediately after viewing VR content. Do not handle sharp or otherwise dangerous objects while watching VR content. Never watch VR content in situations that require attention or coordination, such as walking, bicycling, or driving.
- We recommend that you consult a physician if you have serious and/or persistent symptoms.
- IT IS NOT RECOMMENDED THAT CHILDREN UNDER AGE 13 WILL VIEW VR CONTENT OR USE VR HEADSET.
- Please note the rating of VR content for safe and responsible viewing.
- When children, age 13 or older, use the VR headset, adults should limit their usage time and ensure they take frequent breaks. Prolonged use should be avoided, as this could negatively impact hand-eye coordination, balance, and multi-tasking ability.
- Adults should monitor children closely when using VR headset or viewing VR content. If there are any reports of tired eyes, headaches, dizziness, or nausea, have the child stop viewing and rest.
Company operates a clear copyright policy in relation to any Content which is alleged to infringe the copyright of a third party. We respect the intellectual property rights of others and expects users of our Websites and Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that any Content infringes your copyrights or the rights of another, please follow our Copyright Policy available at: https://inceptionvr.com/copyright-policy.
Company prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Company also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Company, and/or its products and services. Company prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS “SPAMMED” BY SOMEONE WHO IS SELLING OR DESCRIBING COMPANY’S PRODUCTS OR SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE WEBSITES OR ANY INFORMATION PROVIDED ON THE WEBSITES OR APPS.
THE WEBSITES AND ALL OF OUR SERVICES ARE PROVIDED “AS IS”. YOU MAY RELY ON THE SERVICES SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE WEBSITE AND/OR SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR USE OF THE WEBSITES OR THE SERVICES.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS THROUGH OUR WEBSITE AND SERVICES, WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR SERVICES WILL NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT COMPANY, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, OR YOUR USE OF THE WEBSITES OR SERVICES
YOUR SOLE RECOURSE IN CASE OF DISSATISFACTION WOULD BE TO STOP USING THE WEBSITE AND SERVICES. THE SERVICES ON OUR WEBSITES ARE FREE AND THEREFORE WE SHALL HAVE NO LIABILITY IN CONNECTION THEREWITH. IN ANY EVENT, THE CUMULATIVE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED $50. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITES OR THE SERVICES.
The Websites may contain links to websites or pages which are not maintained by the Company. Links to third party websites are provided for your convenience and information only. Third party websites are not under Our control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. The inclusion of a link through the Service does not imply Company’s endorsement of the third-party website nor that We are affiliated with the third-party website’s owners or sponsors.
The App includes open source software (“Open Source Code”) which is licensed and distributed under the applicable open source license agreement. The following terms shall apply with respect to the Open Source Code:
ExoPlayer- The following copyright notice and terms apply to this component:
© 2017 GitHub, Inc.
Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at:
Unless required by applicable law or agreed to in writing, this software is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
See the License for the specific language governing permissions and limitations under the license.
This Agreement will be governed by and interpreted in accordance with the laws of Delaware without regard to any conflict of laws principles. Any disputes arising from or in connection with this Agreement, the Website or Services will be submitted to the exclusive jurisdiction of the courts in Delaware.
You expressly agree to waive any right to have a trial by jury against Company and the right to participate in any form of class or representative claim against Company.
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
You hereby acknowledge, represent and warrant that you are expressly and duly authorized to enter into this Agreement and to be legally bound by this Agreement
Company may terminate its Services or any part thereof at any time, with or without cause, or with or without notice, effective immediately
Company has the right to assign this Agreement at its discretion. You may not assign any or your rights or obligation herein
You may contact us by writing us at the address or email address listed below: