PLEASE READ THE FOLLOWING TERMS AND CONDITIONS TOS (“TOS”) CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING EACH APP (DEFINED BELOW). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND 3DV Studios INC. (“3DV”). THE TERMS AND CONDITIONS OF THIS AGREEMENT, GOVERN YOUR ACCESS TO AND USE OF THE APP.
3DV is willing to license the App to you only upon the condition that you accept all the terms contained in these TOS. By clicking “I accept” or by downloading, installing or using the App, you have indicated that you understand these TOS and accept all of its terms. If you are accepting the terms of these TOS on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of these TOS, and, in such event, “you” and “your” will refer to that company or other legal entity. If you do not accept all the terms of these TOS, then 3DV is unwilling to license the App to you, and you must return the App to 3DV for a full refund, if you have paid for the license to the App, or, if 3DV has made the App available to you without charge, you must destroy all copies of the App. Your right to return the App for a refund expires 30 days after the date of purchase.
Health and Safety Notice: Read and follow all setup and operating instructions and safety warnings provided with the virtual reality equipment you are using. Content available for viewing through use of the App (“VR Content”) produces an immersive virtual reality experience, and users may have reactions to that experience, including simulation sickness, nausea discomfort, eye strain or disorientation. These reactions may be triggered when viewing VR Content for a brief or sustained period of time. Immediately stop viewing the VR Content if you experience any of these symptoms. Do not drive or operate machinery until you have recovered from any symptoms you experienced. See a doctor before viewing VR Content if you have a history of experiencing these symptoms or if you are prone to seizures. Anyone viewing VR Content should take frequent breaks while doing so. Remain seated whenever possible when viewing VR Content and take special care to be aware of your surroundings to ensure you do not injure yourself or other people around you while you are viewing or immediately after Viewing VR Content. Viewing VR Content is not recommended for children without adult supervision.
As used herein: “App” means the virtual reality content viewing applications offered by 3DV, (including any updates, new versions or new releases thereof that may be provided to you by 3DV), any content available through use of such applications or any accompanying documentation.
1. Grant of License.
Conditioned upon your compliance with the terms and conditions of these TOS, 3DV grants you a non-exclusive and non-transferable license for you to Execute (as defined herein) the executable form of the App on any computer or device that you own or control solely for your personal and non-commercial purposes. For purposes of these TOS, “Execute” and “Execution” means to load, install, and run the App in order to benefit from its functionality as designed by 3DV. Your rights in the App will be limited to those expressly granted in these TOS. 3DV reserves all rights in the App not expressly granted to you in these TOS.
Except as expressly specified in these TOS, you may not: (a) copy (except in the course of loading or installing) or modify the App, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the App; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; or (c) make the functionality of the App available to multiple users through any means, including but not limited to by uploading the App to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You acknowledge and agree that portions of the App, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of 3DV and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the App, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
The copy of the App is licensed, not sold. 3DV retains ownership of the copy of the App itself, including all intellectual property rights therein. The App is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the App as delivered to you.
We encourage and invite you to provide 3DV with feedback and comments and suggestions for improvements to the App (collectively, “Feedback”). As part of providing 3DV with such Feedback, you agree to complete any surveys or other questionnaires that 3DV may send to you from time to time regarding your experience in using the App. You acknowledge and agree that all Feedback will be the sole and exclusive property of 3DV. You hereby assign to 3DV and agree to assign to 3DV all of your right, title and interest in and to all Feedback, including all intellectual property rights therein. At 3DV’s request and expense, you will execute documents and take such further acts as 3DV may reasonably request to assist 3DV to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
6. Term and Termination.
The license granted under these TOS remains in effect for a period of 75 years, unless earlier terminated in accordance with these TOS. You may terminate the license at any time by destroying all copies of the App in your possession or control. 3DV may terminate the license granted under these TOS, at our sole discretion, at any time and without notice to you. Without limiting the foregoing, the license granted under these TOS will automatically terminate, with or without notice from 3DV, if you breach any term of these TOS. Upon termination, you must at 3DV’s option either promptly destroy or return to 3DV all copies of the App in your possession or control.
7. Updates and Upgrades; No Obligation.
3DV is not obligated to maintain or support the App, or to provide you with updates, upgrades or services related thereto. You acknowledge that 3DV may from time to time in its sole discretion issue updates or upgrades to the App. You consent to such updating or upgrading on your computer, and agree that the terms and conditions of these TOS will apply to all such updates or upgrades.
8. Compliance with Laws.
You agree to comply with all applicable laws, rules and regulations when using the App. You will not use the App to infringe or misappropriate any third party’s intellectual property rights.
9. No Warranty.
THE APP IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. 3DV DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 3DV OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TOS.
10. Acknowledgment of Beta Services Limitations.
You acknowledge that: (a) the App has not been made commercially available by 3DV; (b) the App may not operate properly, be in final form or fully functional; (c) it may not be possible to make the App fully functional; and (d) 3DV has no obligation to release a commercial version of the App. You assume all risk arising from use of the App, including, without limitation, the risk of damage to your computer system or the corruption or loss of data.
11. Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND 3DV, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP AND THE VIEWING OF VR CONTENT. 3DV IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY PERSONAL INJURY, DAMAGE OR HARM RESULTING FROM YOUR USE OF THE APP AND THE VIEWING OF VR CONTENT. 3DV’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO 3DV BY YOU FOR THE APP OR, IN THE EVENT THAT 3DV HAS MADE THE APP AVAILABLE TO YOU WITHOUT CHARGE, 3DV’S TOTAL LIABILITY WILL BE LIMITED TO $50. IN NO EVENT WILL 3DV BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TOS OR THE EXECUTION OR PERFORMANCE OF THE APP, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT 3DV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TOS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Export Law.
You agree to comply fully with all U.S. export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
13. Third Party Materials.
You may be able to access or use third party websites, resources, content or information (“Third Party Materials”) via the App. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials, including such activities by those who may use the App licensed by you, whether or not you have authorized such access or use. Without limiting any other terms of these TOS, you acknowledge and agree that 3DV: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; and (b) has no liability to you or any third party for any harms, injuries or losses suffered as a result of your access to or use of to such Third Party Materials.
14. Third Party Hardware and Software.
You acknowledge and agree that 3DV is not responsible for any hardware or other software required to access and use the App, including, without limitation, any loss or corruption of data or any other loss or damage of any kind arising from your use of such hardware or software.
15. Changes to Terms or App.
We may modify these TOS at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified terms of the TOS on the App or through other communications. It’s important that you review the terms of these TOS whenever we modify them because if you continue to use the App after we have posted the modified terms on the App, you are indicating to us that you agree to be bound by the modified terms. If you don’t agree to be bound by the modified terms, then you may not use the App anymore. Because the App and the services available through the App are evolving over time we may change or discontinue all or any part of the App, at any time and without notice, at our sole discretion.
These TOS will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer these TOS or any rights granted hereunder, by operation of law or otherwise, without 3DV’s prior written consent, and any attempt by you to do so, without such consent, will be void. Except as expressly set forth in these TOS, the exercise by either party of any of its remedies under these TOS will be without prejudice to its other remedies under these TOS or otherwise. The failure by either party to enforce any provision of these TOS will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of these TOS will be effective only if in writing and signed by authorized representatives of both parties. If any provision of these TOS is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. These TOS is the complete and exclusive understanding and TOS between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and 3DV have executed a separate TOS. Any terms or conditions contained in your purchase order or other ordering document (if such document exists) that are inconsistent with or in addition to the terms and conditions of these TOS are hereby rejected by 3DV and will be deemed null.
All notices or approvals required or permitted under these TOS will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent by 3DV to you to the address you provide to us. All notices will be sent by you to 3DV to the address set forth below.
18. Contact Information.
If you have any questions regarding these TOS, you may contact 3DV at email@example.com.