SpaceoutVR, Inc. Terms and Conditions of Use updated May 6, 2016
By clicking that you accept these Terms and Conditions of Use of the SpaceoutVR website you agree to a legally binding Agreement (“Agreement”) between you, the user, and SpaceoutVR, Inc.the (“Company” “SOVR .,” “we,” or “us”). SpaceoutVR, Inc.owns and operates the SpaceoutVR website (“Site”). SOVR owns or licenses the products and services offered on or through the Site (collectively, the “Services”). You acknowledge that you have legal authority to enter into this Agreement, and to purchase an SOVR product. “User” includes all visitors to the Sites, and those registered with the Sites.
U.S. Visitors. Currently our Site and Services are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Account Ownership. In order to purchase goods from our Site or make comments on the Forum, you will need to register for an account membership (“Account”). We will ask for your name, address, and email address. You agree not to provide any false information on the Site or Services, or to create an Account for anyone other than yourself. Your account is personal to you, and it is your responsibility to keep your account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify SOVR immediately if there is any unauthorized use of your account. You agree to keep your account information up dated and accurate. Upon registration and acceptance of our Terms, SOVR grants you a limited license to make personal use of our Site and Services in accordance with this Agreement as outlined herein, and to view the webpages and participate in the Forum, or purchase goods. You, the user, bear sole and exclusive responsibility for use of the Site and Services, and all information accessed, viewed, and submitted.
Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You shall not post, submit, or transmit any material that violates or infringes in any way upon the rights of others, including but not limited to, any intellectual property rights, the right of privacy or publicity. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) bypass any security features (including the use of another person’s user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Sites or Services or other sites and services. You further agree that you will not use the Site or Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature, product, or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability, in our sole discretion. If your Account has been terminated for any reason, you may not re-register without our prior written consent from us.
Intellectual Property and Copyright Notice. This Site and Services are controlled and operated by SpaceoutVR, Inc.Our software, materials and information on the Site and Services, including, but not limited to, images, text, code, data, illustrations, audio, video files, and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Company or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site and/or Services are the property of their respective owners (for example, Google). Except as expressly authorized herein or through the End User License Agreement (“EULA”) that accompanies the Goods, material from the Site and from the Services and Goods may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You shall not remove or obscure any intellectual property notices or hold yourself out as the owner or creator of any Intellectual Property on the Site and Services, including Goods, unless you are the owner or licensee of such. You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site or Services, is likely to cause consumer confusion, or is in violation of this Agreement. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. If you have any questions or concerns about the intellectual property, including copyrights, on our Site, please email us at email@example.com . We reserve all rights other than those expressly granted herein.
Minors. SOVR does not knowingly collect information from anyone under the age of 13. Our Site and Services are directed at those who are over the age of 13. If someone is under the age of 13, they should only use this Site and Services under the supervision of an adult or legal guardian.
Copyright Infringement. SOVR will investigate notices of copyright infringement and take appropriate actions under applicable local law including, in the United States, the Digital Millennium Copyright Act.
We will investigate notices of copyright infringement and take appropriate actions under applicable local law including in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to our DMCA Agent at firstname.lastname@example.org or at the address below under Notice (link to below). Please click here for more information (link to the section on DMCA).
Copyright Infringement Notice.
To be effective, the DMCA notification must include the following:
An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;
A description of the copyrighted work claimed to have been infringed;
A description of the location of the infringing material and information reasonably sufficient to permit us to locate the material;
Your contact information, including your address, telephone number, and email address;
A statement by you 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 the penalty of perjury, that you are authorized to act on behalf of the copyright owner. (This means that you are the owner, or you have written authorization from the copyright owner.)
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to large civil penalties and damages incurred by us, any copyright owner, or any copyright owner’s licensee. You may also be subject to criminal prosecution for perjury. Please also note that the information provided in the above legal notice may be forwarded to the person who provided the allegedly infringing content and we may choose to publish Claimant information in place of disabled Content. If you believe that someone has copied your work, either in part or whole, please follow our procedures. Click here if you would like to file a Counter Notice. (Can click here and then goes to next section to reduce length of your Terms.)
Counter Notice Under the DMCA. When we receive a notification of alleged copyright infringement, we remove the Submission or Content that is the subject of the notification. If you believe your content was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages. If the original claim of alleged infringement was submitted under Section 512(c) of the Digital Millennium Copyright Act, you must use the DMCA counter-notification. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. You must send the Counter Notice to our designated agent for receiving notices of infringement, whose name and contact information is under the DMCA notice above.
A counter-notification must include the following specific elements:
Identification of the specific URLs of material that our Site has removed or to which our Site has disabled access.
Your full name, address, telephone number, and email address, and the username of your Account.
The statement: “I consent to the jurisdiction of the Federal District Court in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which Company is located, and will accept service of process from the claimant.”
The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Signature. A scanned physical signature or a valid electronic signature will be accepted.
Submission. We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that Counter Notice be submitted from the email address associated with the account.
Process: What happens next? After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our Site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, INCLUDING GOODS SOLD HEREIN. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DD Corp., OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND THIRD PARTY PROVIDERS, FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY’S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITES OR ANY GOODS OR SERVICES PROVIDED BY SpaceoutVR Corporation. THE ENTIRE LIABILITY OF SpaceoutVR Corporation., OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED AGENTS, AND THIRD PARTY PROVIDERS, AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR US $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOVR reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with SpaceoutVR, Inc. in the defense of any such claim, action, settlement or compromise negotiations, as requested by SpaceoutVR, Inc.
Indemnification. You agree to indemnify SpaceoutVR, Inc. and its officers, directors, employees, agents, third party providers, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the provisions of these Terms.
Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your registration and refuse to provide our Site and Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss, injury or legal liability for you, our users, or Company, and its officers, directors, employees, agents, distributors, and third party providers. We can also terminate this Agreement at any time, with or without cause.
Assignment and Succession. Notwithstanding any other provision of these Terms, SpaceoutVR Corporation, its successors and assigns may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
Refunds. Because we endeavor to keep our costs low, we ask that you thoroughly review your order prior to submitting it. Refunds are rare; however, in the event you are not fully satisfied with your order, you may request a refund within 7 days of purchase.
Mobile Access. Our Sites are accessible for viewing on mobile devices. We don’t charge for viewing our Sites, however your wireless carrier’s normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier’s policy. Under no circumstances will we be responsible for any wireless usage charges incurred by a user.
Notice. Unless otherwise indicated, please direct notices to SpaceoutVR, Inc., email@example.com Compliance With ADA. It is our goal to comply with the ADA, making access to our services available to as many people as possible. If you have any suggestions to make access to our site easier, please contact us, as we continue to improve our services and products. firstname.lastname@example.org
Copyright 2016 SpaceoutVR, Inc.All Rights Reserved.