Welcome to AmazeVR, Inc. (“AmazeVR,” “we,” or “us”) offerings. PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. This page explains the terms by which you may use our website, online, mobile, in-person, or other experiences (including without limitation, those certain virtual reality experiences, services, products, content, and features. For purposes of this Agreement (as defined below), the following terms shall have the meanings set forth: “AmazeVR Online” shall be defined as any online or mobile service provided by AmazeVR including, without limitation, websites, and mobile and virtual reality applications; or “AmazeVR LBE” shall be defined as any location-based entertainment service provided by AmazeVR including, without limitation, ticket reservation and booking services, and the use of venues or facilities for concerts, exhibitions, or events) (collectively, the “Service”). By accessing or using the Service or by clicking a button or checking a box marked “I Agree” (or something similar) or signing up for a User Account, you represent, warrant, and signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), our Acceptable Use Policy, and to the collection and use of your information as set forth in our Privacy Notice, whether or not you are a registered user of our Service. AmazeVR reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (collectively, “Users”). Any changes we make will be effective immediately with or without notice, which we may provide, if any, by any means including, without limitation, posting a revised version of this Agreement with respect to the Service. Please check this Agreement periodically for changes. Your continued use of the Service following the posting of changes to these terms of this Agreement will mean you accept those changes.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 12.2 (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 12.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 12.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.
1. OUR SERVICE
AmazeVR provides virtual reality (“VR”) experiences and related content (e.g., 2-D videos on screens) to Users through the Service.
This Agreement is a binding contract between you and AmazeVR. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with AmazeVR, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. By using the Service, you represent that you are at least 18 years of age or, if under the age of 18, you have the consent of your parent or legal guardian to use the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by AmazeVR.
1.2 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. AmazeVR reserves all rights not expressly granted herein in the Service and the AmazeVR Content (as defined below). AmazeVR may terminate this license at any time for any reason or no reason.
1.3. User Accounts
Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, other entity, or other User, then (i) “you” includes you and that entity or User, and (ii) you represent and warrant that you are an authorized representative of the entity or User with the authority to bind the applicable entity or User to this Agreement, and that you agree to this Agreement on the entity’s or User’s behalf. By connecting to AmazeVR with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify AmazeVR immediately of any breach of security or unauthorized use of your User Account. AmazeVR will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User profile and how you interact with the Service by changing the settings in your edit profile and settings pages. By providing AmazeVR your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. You may opt out if you do not want to receive such email messages, but opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You may be required to be a registered user with third-party websites or services in order to use the Service. Your browsing and interaction on any other website or service are subject to the applicable third party’s rules and policies, not ours. You are responsible for all charges incurred in connection with your account with these third-party websites or services, and you agree that AmazeVR shall not be liable for any loss or damages you allege to incur as a result of or relating to any disputes with these third-party websites or services.
1.4. Changes to the Service
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
1.5. Disputes with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. AmazeVR shall have no liability for your interactions with other Users, or for any User’s action or inaction.
1.6. Service Location
The Service is controlled and operated from facilities in the United States or location of the AmazeVR LBE (as applicable). AmazeVR makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant that you will not use the Service if you are a resident of a country embargoed by the United States or that has been designated by the United States government as a “terrorist supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
2. USER CONTENT
Some areas of the Service, whether available now or in the future, may allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, comments, questions, work of authorship of any kind, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).
We claim no ownership rights over User Content created by you. The User Content you create remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. AmazeVR has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to AmazeVR a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and AmazeVR’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service and under this Agreement.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
You have the written consent of each and every identifiable natural person or entity in the User Content, if any, to use such person’s or entity’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person or entity has released you from any liability that may arise in relation to such use.
You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third-parties.
Your User Content and AmazeVR’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third-party, including but not limited to any Intellectual Property Rights, publicity and privacy rights.
AmazeVR may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
AmazeVR takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that AmazeVR shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
3. OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and, as between you and AmazeVR, User Content belonging to other Users (the “AmazeVR Content”), and all Intellectual Property Rights related thereto, are the exclusive property of AmazeVR and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any AmazeVR Content. Use of the AmazeVR Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place AmazeVR under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, AmazeVR does not waive any rights to use similar or related ideas previously known to AmazeVR, or developed by its employees, or obtained from sources other than you.
4. PAID SERVICES
4.1. AmazeVR Online Services
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to pay the published price we display to you at the point of purchase, as we may update them from time to time. AmazeVR may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing shall be effective solely on a going-forward basis.
4.1.2 In-App Purchases and Virtual Currency
The Service may permit you to “buy” or “purchase” for use in the Service virtual currency that may be used to unlock or gain access to certain premium AmazeVR Content (“Virtual Currency”). You understand and agree that, regardless of terminology used, Virtual Currency represents a limited license right governed solely by the terms of this Agreement and available for distribution at AmazeVR’s sole discretion. Virtual Currency is not redeemable for any sum of money or monetary value from AmazeVR at any time. You acknowledge that you do not own the User Account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of AmazeVR on AmazeVR servers, including without limitation any data representing or embodying any or all of your Virtual Currency. You agree that AmazeVR has the absolute right to manage, regulate, control, modify and/or eliminate Virtual Currency as it sees fit in its sole discretion, in any general or specific case, and that AmazeVR will have no liability to you based on its exercise of such right. All data on AmazeVR’s servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third-party, you understand and agree that any data, User Account history and User Account content residing on AmazeVR’s servers, may be deleted, altered, moved or transferred at any time for any reason in AmazeVR’s sole discretion, with or without notice and with no liability of any kind. AmazeVR does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on AmazeVR’s servers.
4.2 AmazeVR LBE Service
4.2.1 AmazeVR LBE Tickets (Right to Attend)
Each ticket that you purchase and/or receive in connection with the AmazeVR LBE (each, a “AmazeVR LBE Ticket”) is a revocable license to attend a particular AmazeVR LBE, and the AmazeVR LBE Ticket provides entry rights and is subject to these terms and conditions, the AmazeVR LBE Rules, each incorporated herein by reference. By purchasing an AmazeVR LBE Ticket or attending an AmazeVR LBE, you hereby agree to and accept the AmazeVR LBE Waiver (“Waiver”), and you represent, warrant, and covenant that you will manually or electronically sign the Waiver before attending the AmazeVR LBE; provided that if you are under the age of 18, the Waiver must be signed by your parent or guardian. You must sign the Waiver before you may use the AmazeVR LBE Ticket to enter the AmazeVR LBE. To enter the AmazeVR LBE, you must either provide your printed AmazeVR LBE Ticket or display your electronic AmazeVR LBE Ticket, in each case with a clearly visible QR code, and present your valid photo identification to AmazeVR’s or a third party’s personnel at the entrance to the AmazeVR LBE. AmazeVR reserves the right, in its sole discretion, to refuse entrance to anyone that cannot present acceptable photo identification and a valid AmazeVR LBE Ticket for the applicable AmazeVR LBE.
You may not transfer your AmazeVR LBE Ticket outside of AmazeVR’s ticketing service, such as by sharing a screenshot of your QR code or sharing your ticketing account with another user. All attendees must have signed the Waiver in their own name and you may not transfer your AmazeVR LBE Ticket containing the Waiver signed by you. If you transfer an AmazeVR LBE Ticket and the recipient has not signed the Waiver and accepted this Agreement, you agree to accept liability for all harms or losses to, or caused by, the recipient, including but not limited to personal injury or property damage.
All AmazeVR LBE Ticket prices for the AmazeVR LBE are stated in U.S. Dollars or the applicable local currency, in AmazeVR’s discretion. We accept various payment methods through a payment processor, such as Stripe. By using our Service, you agree to be bound by Stripe’s Services Agreement available at https://stripe.com/us/legal. You agree to pay all charges incurred by you or any users of your User Account and credit card and/or other payment method at the price(s) in effect when such charges are incurred. You will also be responsible for paying any and all applicable taxes relating to your purchases. AmazeVR LBE Ticket purchases must be paid in full at the time of purchase, unless otherwise provided. ALL PURCHASES ARE NON-REFUNDABLE AND CANNOT BE CANCELLED, UNLESS OTHERWISE PROVIDED HEREIN. See below for additional terms and conditions related to your purchase, including in Section 4.2.7 “AmazeVR LBE Cancellations/Postponements/Refunds.”
You must supply the required payment, credit card, and/or other personal information in order to complete your purchase. In no event will AmazeVR be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, natural or nuclear catastrophes, inclement weather, accidents, acts of God, acts of government, flood, fire, civil unrest or disturbance, military disturbance, riots, acts of war or terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, public health emergency, or pandemic (e.g. SARS or COVID-19). AmazeVR LBE event dates and times are subject to change.
In reviewing and/or purchasing AmazeVR LBE Tickets, you may be linked to a third-party site, which is not affiliated with our Service. WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEBSITES, INCLUDING PURCHASES MADE ON THOSE SITES. Please make sure to review the terms and conditions that you will find on these third-party sites.
Delivery of the tickets shall be made in accordance with the section headed “Delivery of AmazeVR LBE Tickets” below.
If you decide to purchase an AmazeVR LBE Ticket, merchandise, parking or other rights, you agree to pay, in addition to the price for the tickets or other items, other fees and charges that we impose, such as convenience fees, processing fees, shipping and handling fees and other miscellaneous fees. You also agree to pay any applicable taxes, including, but not limited to, any applicable admissions tax. AmazeVR LBE Tickets purchased on our Services are subject to a per ticket service fee, processing fee, handling fee, and other miscellaneous fees (collectively, “Convenience Fees”). In some cases, delivery fees will also be owed if applicable. You hereby acknowledge and agree that such Convenience Fees associated with any purchase of the AmazeVR LBE shall in each instance be non-refundable for any reason or no reason.
We have the right to reject or cancel any purchase, including if we suspect fraud or any other issues with payment or suspicious account activity.
You are prohibited from reselling or offering for sale your AmazeVR LBE Ticket through any means, including without limitation, publicly available marketplaces, whether or not electronic or accessible through the Internet. We reserve the right to terminate your User Accounts or refuse to sell AmazeVR LBE Tickets to any individual who has engaged in the sale of counterfeit tickets or the unlawful re-sale of or unauthorized promotional use of AmazeVR LBE Tickets.
4.2.4 Availability of AmazeVR LBE Tickets, Pricing and Other Errors
The availability of AmazeVR LBE Tickets is subject to change.
If the amount that you pay for an AmazeVR LBE Ticket is obviously incorrect, regardless of whether it is an error in a price posted on this website or otherwise communicated to you, or you are able to order AmazeVR LBE Tickets before their scheduled on-sale date, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred. If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your User Account or the AmazeVR Support whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation. When purchasing AmazeVR LBE Tickets on our Services, you are limited to a specified number of AmazeVR LBE Tickets for each AmazeVR LBE (also known as a “Ticket Limit”). This Ticket Limit is posted during the purchase process and is verified with every transaction. Each User Account must be linked to a unique individual and contain valid, and verifiable, information. Multiple accounts may not be used to circumvent or exceed published Ticket Limits. We reserve the right to cancel any or all orders and AmazeVR LBE Tickets, in addition to prohibiting your ticket purchase abilities, without notice to you, if you exceed or attempt to exceed, the posted ticket limits. Any AmazeVR LBE Ticket, cancelled due to violating the posted ticket limit, will be refunded at face value (excluding fees). This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.
4.2.5 Delivery of AmazeVR LBE Tickets
Your AmazeVR LBE Ticket(s) will be delivered to you as indicated at the time of purchase, frequently via email delivery to that certain email associated with your AmazeVR LBE Ticket purchase or your User Account.
There may be circumstances in which we make your AmazeVR LBE Ticket(s) available for your collection at the box office of the location at which the AmazeVR LBE will be held. We will notify you by email if this box office collection is required. In order to collect your tickets at the box office, you will be asked for order confirmation, phone number and email associated with your AmazeVR LBE Ticket purchase or the applicable User Account, proof of identity and the debit or credit card used for the transaction. If you are unable to provide this information, the box office may refuse to provide your tickets to you, and we will not be responsible for your inability to enter the AmazeVR LBE.
By purchasing an AmazeVR LBE Ticket, you agree to our Privacy Notice regarding the information we collect, how it is used, with whom the information may be shared, information collection by third-parties, opt-out policy, and information security practices.
4.2.6 Recording, Transmission, Exhibition and Search
You agree that the AmazeVR LBE is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us, our partners, licensees and assigns, including but not limited to our brand and media partners, to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after the experience) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
You and your belongings may be searched on entry to the AmazeVR LBE. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation.
4.2.7 AmazeVR LBE Cancellations/Postponements/Refunds
The AmazeVR LBE may be postponed or cancelled for a variety of reasons. If you hold AmazeVR LBE Ticket(s) to the AmazeVR LBE that is cancelled, which you purchased via our Service, we will automatically issue a refund (except for any Convenience Fees) to the payment of method used to make your purchase.
If the AmazeVR LBE is rescheduled and you are unable to attend on the rescheduled event date, you will be able to receive a refund (except for any Convenience Fees), provided you cancel your AmazeVR LBE Ticket(s) seven (7) days prior to the rescheduled event date.
Notwithstanding anything to the contrary contained herein, your AmazeVR LBE Ticket(s) may include additional cancellation and/or refund policy applicable to your AmazeVR LBE. Please review your AmazeVR LBE ticket(s) carefully, including date, location of the event, and the applicable cancellation and/or refund policy, before completing your transaction.
4.3. No Refunds
You may cancel your User Account at any time; however, there are no refunds for cancellation. In the event that AmazeVR suspends or terminates your User Account or this Agreement for your breach of this Agreement, you understand and agree that, except to the extent otherwise required by applicable law, you shall receive no refund or exchange for any unused time on a subscription or unused Virtual Currency for any portion of the Service, any content or data associated with your User Account, or for anything else. In the event that AmazeVR terminates your User Account or this Agreement for any reason other than your breach thereof, or you terminate your User Account, any refunds provided by AmazeVR will be provided at AmazeVR’s option to the fullest extent permissible under applicable law.
4.4. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Notice, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
AmazeVR cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third-parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. DMCA NOTICE
Since we respect artist and content owner rights, it is AmazeVR’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify AmazeVR’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit AmazeVR to contact you, such as your address, telephone number, and, 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 law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Address: 5670 Wilshire Blvd., Ste. 600, Los Angeles, CA 90036
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying AmazeVR and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with AmazeVR’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, AmazeVR has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. AmazeVR may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. THIRD-PARTY LINKS AND INFORMATION
The Service may contain links to third-party materials that are not owned or controlled by AmazeVR. AmazeVR does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and AmazeVR’s Privacy Notice do not apply to your use of such sites. You expressly relieve AmazeVR from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that AmazeVR shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless AmazeVR and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your grossly negligent or willful misconduct or omission; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
10. NO WARRANTY
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from AmazeVR or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, AmazeVR, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
Further, AmazeVR does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Service or any hyperlinked website or service, and AmazeVR will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall AmazeVR, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will AmazeVR be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, AmazeVR assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third-party. In no event shall AmazeVR, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to AmazeVR hereunder.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AmazeVR has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
12. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER
12.1 Governing Law
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 12.2 and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that California is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AMAZEVR. This Section 12.2 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and AmazeVR that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with AmazeVR, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms.
If you are a new User, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting these Terms by emailing AmazeVR at firstname.lastname@example.org with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that AmazeVR has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or California, unless you and AmazeVR agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and AmazeVR agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, any provision of these Terms, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing AmazeVR from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
12.3 Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND AMAZEVR AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND AMAZEVR FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AMAZEVR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
13. ADDITIONAL TERMS FOR CONSUMER APPLICATIONS
13.1. Consumer Applications
We may make available software to access the Service via a mobile device, virtual reality headset or other devices (“Consumer Applications”). To use any Consumer Application, you must have a device that is compatible with the Consumer Applications. AmazeVR does not warrant that the Consumer Applications will be compatible with your device. You may use mobile data in connection with the Consumer Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Subject to the terms and conditions of this Agreement, AmazeVR hereby grants you a non-exclusive, non-transferable, revocable license to use an object code copy of the Consumer Applications for one User Account, on devices owned or leased by you, for your personal use. We limit your use of your User Account to one active session on one device at a time. You may not: (i) modify, disassemble, decompile or reverse engineer the Consumer Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Consumer Applications to any third-party or use the Consumer Applications to provide time sharing or similar services for any third-party; (iii) make any copies of the Consumer Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Consumer Applications, features that prevent or restrict use or copying of any content accessible through the Consumer Applications, or features that enforce limitations on use of the Consumer Applications; or (v) delete the copyright and other proprietary rights notices on the Consumer Applications. You acknowledge that AmazeVR may from time to time issue upgraded versions of the Consumer Applications, and may automatically electronically upgrade the version of the Consumer Applications that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Consumer Applications is covered by the applicable open source or third-party license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Consumer Applications or any copy thereof, and AmazeVR or its third-party partners or suppliers retain all right, title, and interest in the Consumer Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. AmazeVR reserves all rights not expressly granted under this Agreement. If the Consumer Applications is being acquired on behalf of the United States Government, then the following provision applies. The Consumer Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Consumer Applications originates in the United States, and is subject to United States export laws and regulations. The Consumer Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Consumer Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Consumer Applications and the Service.
13.2. Consumer Applications from App Store Platforms
The following applies to any Consumer Applications you acquire from app store platforms (“Sourced Software”) including, without limitation, Apple App Store, Google Play, Steam, and Meta App Store (collectively, “Device Companies”): You acknowledge and agree that this Agreement is solely between you and AmazeVR, not any Device Company, and that no Device Company has responsibility for the Sourced Software or content thereof. Your use of the Sourced Software must comply with the applicable Device Company Terms of Service. You acknowledge that Device Company has no obligation whatsoever to furnish any maintenance and support services with respect to the Sourced Software. In the event of any failure of the Sourced Software to conform to any applicable warranty, you may notify Device Company, and Device Company may refund the purchase price for the Sourced Software to you; to the maximum extent permitted by applicable law, Device Company will have no other warranty obligation whatsoever with respect to the Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to AmazeVR as provider of the software. You acknowledge that Device Company is not responsible for addressing any claims of you or any third-party relating to the Sourced Software or your possession and/or use of the Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to AmazeVR as provider of the software. You acknowledge that, in the event of any third-party claim that the Sourced Software or your possession and use of that Sourced Software infringes that third-party’s intellectual property rights, AmazeVR, not Device Company, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and AmazeVR acknowledge and agree that Device Company, and Device Company’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Device Company will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Sourced Software against you as a third-party beneficiary thereof. IN THE EVENT YOU OBTAIN A STEAM-ENABLED VERSION OF THE CONSUMER APPLICATION THROUGH A DISTRIBUTION CHANNEL OTHER THAN STEAM, PLEASE NOTE THAT A STEAM ACCOUNT WILL BE REQUIRED FOR USE OF SUCH CONSUMER APPLICATION.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AmazeVR without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
14.2. Notification Procedures and Changes to the Agreement
AmazeVR may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via any reasonable form of notice we may choose, including but not limited to email notice, written or hard copy notice, or through posting of such notice on our website, as determined by AmazeVR in our sole discretion. AmazeVR reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. AmazeVR is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. AmazeVR may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
14.3. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with AmazeVR in connection with the Service, shall constitute the entire agreement between you and AmazeVR concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
14.4. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and AmazeVR’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.