VRapp.co Terms of Service

Last Updated: March 3, 2016

**PLEASE READ THIS DOCUMENT CAREFULLY. VRmaster B.V. (“VRmaster, “we,” or “us”) offers an online VR sharing platform and community through its website located at VRapp.co and other VRmaster-operated sites (collectively, the “VRapp.co Site”), mobile applications, connected TV applications, and other online services (collectively and including the VRapp.co Site, the “VRapp.co Service”). By registering as a member or by using the VRapp.co Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and VRmaster. If you do not wish to be bound by this Agreement, do not use the VRapp.co Service. **

Content

Who May Use the VRapp.co Service
License to Use the VRapp.co Service
Privacy
Membership
Subscriptions and Purchases
Term and Termination; Account Deletion
Content Restrictions
Code of Conduct
Licenses Granted by You
Your Representations and Warranties
Indemnification
Third Party Copyrights and Other Rights
Disclaimers
Limitation of Liability
General Provisions

1. Who May Use the VRapp.co Service

AGE REQUIREMENT: You must be at least 13 years old to use the VRapp.co Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the VRapp.co Service. Please have him or her read this Agreement with you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the VRapp.co Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the VRapp.co Service. If your child is using the VRapp.co Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the VRapp.co Service is appropriate for your child, please review our Community Guidelines or contact us.

WARNING: Even if you are old enough to use the VRapp.co Service and/or have your parent’s or guardian’s permission, some of the content available within the VRapp.co Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.

2. License to Use the VRapp.co Service

LICENSE: VRmaster grants you a limited, non-exclusive license to access and use the VRapp.co Service for your own personal, non-commercial purposes. This includes the right to view content available on the VRapp.co Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

COMMERCIAL USE IS LIMITED: You may not use the VRapp.co Service for commercial purposes unless:

  • You are a VRapp.co BUSINESS user, in which case you may use and access the VRapp.co Service for commercial and non-commercial purposes, subject to compliance with the VRapp.co Community Guidelines; or
  • You are a small-scale independent production company, non-profit, or artist, in which case you may use the VRapp.co Service to showcase or promote your own creative works.

RESTRICTIONS: Except as expressly permitted by VRmaster in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the VRapp.co Service. Nor will you take any measures to interfere with or damage the VRapp.co Service. All rights not expressly granted by VRmaster are reserved.

3. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information.

4. Membership

REGISTRATION: To fully use the VRapp.co Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to VRmaster (through the VRapp.co Service) and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the VRapp.co Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

5. Subscriptions and Purchases

VRapp.co Business Small, Medium, Large: In addition to offering Free VRapp.co Service memberships, we offer VRapp.co Business Small, Medium, Large subscriptions. Please see our subscription pages for current Small, Medium, Large features and pricing. Features and prices are subject to change. We may also offer add-on features and packages. All fees may be subject to taxes.

CANCELLATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by VRapp. If your account is terminated due to your breach of this Agreement during the relevant cancellation period, you will not be refunded. If you have questions, please contact us.

RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. VRmaster reserves the right to deny subscriptions, renewals, and other purchases for any reason.

END OF SUBSCRIPTION: When a VRapp.co Business Small, Medium, Large subscription ends, the account automatically becomes a Basic (free) account and VRmaster may disable access to or delete any content to comply with Basic account limits.

6. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use the VRapp.co Service and continues as long as you have an account with us.

ACCOUNT DELETION: You may delete your account at any time. Free accounts may be deleted from the VRapp.co Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

TERMINATION FOR BREACH: VRmaster may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if VRmaster determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage VRmaster’s reputation and goodwill. If VRmaster deletes your account for the foregoing reasons, you may not re-register for the VRapp.co Service. VRmaster may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by VRmaster will terminate. Sections 6 and 11 through 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. VRapp.co shall not be responsible for the loss of such content.

7. Content Restrictions

You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious business schemes; or
  • Violates any law.

All content you submit must also comply with the VRapp.co Community Guidelines, which are incorporated into this Agreement.

8. Code of Conduct

In using the VRapp.co Service, you must behave in a civil and respectful manner at all times. Further, you will not:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute “spam”;
  • Collect information about others; or
  • Advertise or solicit others to purchase any product or service within the VRapp.co Site (unless you are an official VRmaster partner and have a written agreement with VRmaster).

VRmaster has the right, but not the obligation, to monitor all conduct on and content submitted to the VRapp.co Service.

9. Licenses Granted by You

9.1 Virtual Reality Content

LICENSE TO VRmaster: As between you and VRmaster, you own the Virtual Reality (VR) content (e.g. 360° photos, 360°videos, 360° renderings, audio) that you submit to the VRapp.co Service. By submitting VR Content, you grant VRmaster and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your VR content for the purpose of
(i) displaying the VR content within the VRapp.co Service;
(ii) displaying the VR content on third party websites and applications through an embed or VRapp.co Service API subject to your VR content privacy choices;
(iii) allowing other users to play, download, and embed on third party websites the VR content, subject to your VR content privacy choices;
(iv) promoting the VRapp.co Service, provided that you have made the VR content publicly available; and
(v) archiving or preserving the VR content for disputes, legal proceedings, or investigations.

LICENSE TO OTHER USERS: You further grant all users of the VRapp.co Service permission to view your VR content for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos.

DURATION OF LICENSES: The above licenses will continue unless and until you remove your VR content from the VRapp.co Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that VRmaster has no control over such caching.

9.2 Non-VR Content
As between you and VRmaster, you own all non-VR content that you submit to the VRapp.co Service. You grant VRmaster and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-VR content. In addition, you waive any so-called “moral rights” in your non-VR content. You further grant all users of the VRapp.co Service permission to view your non-VR content for their personal, non-commercial purposes. If you make suggestions to VRmaster on improving or adding new features to the VRapp.co Service, VRmaster shall have the right to use your suggestions without any compensation to you.

10. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that:
(i) you have the right to submit the content to VRmaster and grant the licenses set forth above;
(ii) VRmaster will not need to obtain licenses from any third party or pay royalties to any third party;
(iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and
(iv) the content complies with this Agreement and all applicable laws.

11. Indemnification

You will indemnify, defend, and hold harmless VRmaster and its affiliates, directors, officers, employees, and agents, from and against all third party actions that:
(i) arise from your activities on the VRapp.co Service;
(ii) assert a violation by you of any term of this Agreement; or
(iii) assert that any content you submitted to the VRapp.co Service violates any law or infringes any third party right, including any intellectual property or privacy right.

12. Third Party Copyrights and Other Rights

VRmaster respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice. For other intellectual property claims, please send us a notice at legal[at]vrmaster[dot]co.

13. Disclaimers

VRmaster reserves the right to modify the VRapp.co Service. You are responsible for providing your own access (e.g., computer, mobile device, Virtual Reality viewer or rendering device, Internet connection, etc.) to the VRapp.co Service. VRmaster has no obligation to screen or monitor any content and does not guarantee that any content available on the VRapp.co Service complies with this Agreement or is suitable for all users.

VRmaster provides the VRapp.co Service on an “as is” and “as available” basis. You therefore use the VRapp.co Service at your own risk. VRmaster expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.

VRmaster is not responsible for malfunctioning of the VRapp.co Service due to errors in, or limitations of, (i) the browser, the device operating system or the device hardware it runs on, or (ii) the local network and the Internet connection that is used to upload, download or stream content to or from the VRapp.co Service.

Without limiting the foregoing, VRmaster makes no representations or warranties:

  • That the VRapp.co Service will be permitted in your jurisdiction;
  • That the VRapp.co Service will be uninterrupted or error-free;
  • Concerning any content submitted by any member;
  • Concerning any third party’s use of content that you submit;
  • That any content you submit will be made available on the VRapp.co Service or will be stored by VRmaster;
  • That the VRapp.co Service will meet your business or professional needs;
  • That VRmaster will continue to support any particular feature of the VRapp.co Service; or
  • Concerning sites and resources outside of the VRapp.co Service, even if linked to from the VRapp.co Service.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the VRapp.co Service, and no warranties shall apply after such period.

14. Limitation of Liability

Viewing virtual reality content can be dangerous. VRmaster is not liable for any damage caused by viewing Virtual Reality using the VRapp.co Service.

To the fullest extent permitted by law:
(i) VRmaster shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and
(ii) VRmaster’s total liability to you shall not exceed the amounts paid by you to VRmaster over the twelve (12) months preceding your claim(s).

16. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of The Netherlands.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without VRmaster’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from VRmaster electronically. VRmaster may provide all such communications by email or by posting them on the VRapp.co Site. For support-related inquiries, you may contact us. You may send notices of a legal nature to VRmaster at legal[at]vrmaster[dot]com or the following address:

VRmaster B.V., Klokgebouw 144-3, 5617 AB, Eindhoven, The Netherlands. Attention: Legal Department

Nothing herein shall limit VRmaster’s right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by VRmaster on the VRapp.co Site or a written amendment signed by an authorized representative of VRmaster. A revised Terms of Service will be effective as of the date it is posted on the VRapp.co Site.

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

Privacy Policy

VRapp.co Community Guidelines

This Agreement constitutes the entire understanding between VRmaster and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of VRapp.co Service application protocol interface (API).
END OF DOCUMENT. We wish you a nice day.

PS : If you think you have seen a similar terms of service before, you are right. These terms of service are derived from the Vimeo, LLC terms of service. VRmaster B.V. is in no way affiliated to Vimeo, LLC.

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