Terms of Use

VERY IMPORTANT: PLEASE READ TERMS OF USE CAREFULLY BEFORE USING MINDVR CONTENT (AS DEFINDED BELOW). THE DEFINITIONS ARE SET OUT AT THE END OF TERMS OF USE AGREEMENT.

1. Parties

This Agreement is between you ( “You” or “Your”) and MindVR. You must agree to the Terms of Use agreement in order to use MindVR content. This Agreement is not available to any corporation, partnership, or other form of business entity. This Terms of Use sets forth the entire understanding and agreement between you and MindVR respect to the subject matter hereof.

2. Users, user items, and experiences

MindVR grants you a limited, non-exclusive and non-transferable license to use the MindVR content, in accordance with the terms set forth in this Agreement. You may not use MindVR content directly or indirectly for any commercial purpose and you are not allowed to provide MindVR content to any third party (except that you may allow others to experience a MindVR Experience on your personal user item without charging a fee). For the avoidance of doubt, any public exhibition of MindVR Experiences is prohibited. You acknowledge that you will not use MindVR content in any way or for any purpose that is unlawful or prohibited by this Terms of Use agreement. MindVR reserves the right to terminate your use of MindVR content at any time if you do not abide by these conditions. You agree to obtain any MindVR content (including Experiences) only through a Distributor or MindVR and to comply with the terms and conditions set by the Distributor, as applicable. The Experiences require user items, such as specialized hardware, software, and/or other items specified by the Distributor. You are solely responsible for selecting, obtaining, maintaining, and using the user items. Patches, updates, upgrades and other modifications to the MindVR content will be installed on the user items in accordance with terms and conditions set by the Distributors. This Terms of Us Agreement is effective from the moment you first use the MindVR content until it is terminated. This Terms of Use Agreement automatically by MindVR if you fail to comply with the terms and conditions of this Terms of Use Agreement.

3. Fees

You agree to pay the published fees for the MindVR content, as those fees are shown on the web store, app store, or other distribution point operated by a Distributor or MindVR. You agree that you will not make any claim against MindVR in regard to any fee or related matter and that your claim will be solely against the Distributor. You agree to pay any taxes and/or other costs (such as bandwidth, equipment, or other expenses) associated with your use of MindVR content.

4. Intellectual Property

You agree that all IP in MindVR content is owned by and/or licensed to MindVR (except as explicitly otherwise stated by MindVR pertaining to specific elements of MindVR content), and that you have no rights in that IP. You agree not to use any part or element of MindVR content except in connection with the private exhibition of an Experience as contemplated by this Terms of Use Agreement. Except for the non-exclusive rights to view the Experiences (including the right to use software in connection with viewing the Experiences), you do not have and do not obtain any IP rights whatsoever in MindVR content or Experiences. You agree not to or attempt to (1) reverse engineer, decompile, disassemble MindVR content; (2) distribute, transfer, sell, lease, sublicense, assign or otherwise make available, directly or indirectly, MindVR content, in whole or in part; (3) copy, reproduce, modify, adapt, translate, or create derivative works from MindVR content; (4) remove any copyright, watermarks, or other proprietary notations from MindVR content; (5) obtain any information about any aspect of the IP in the Experiences and/or MindVR content; (6) extract any portion or element of MindVR content for any purpose whatsoever. In some cases, the Software contains free and/or open source software, which is identified as appropriate to each license’s terms. You agree to comply with any applicable Free Open Source Software terms. In some cases, the Experiences and/or MindVR content include the IP of other parties. You agree that you will comply with the rights of such other parties.

5. Updates and Changes

This Terms of Use Agreement may be changed and/or updated from time to time by posting the changes on the MindVR website. You agree to accept such changes unless you (1) stop using any MindVR content and/or Experiences at the time of the change and (2) notify MindVR that you reject such changes.

6. Privacy Policy

You agree to the terms and conditions of the MindVR privacy policy, located at (http://www.mindvr.com/privacy-policy), and to the privacy policies of any Distributor that you use.

7. Health and Safety

You are solely responsible for the health and safety of owning and operating the user items and/or the Experience, including the selection of a safe location and set-up. MindVR makes no warranty whatsoever of any kind or nature with regard to the Experiences and/or MindVR content including (but not limited to personal injury, illness or property damage of any kind or type.

8 Indemnification

You hereby agree to defend, indemnify and hold harmless MindVR, it’s shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, and assigns and other users of MindVR content, from all damages, liabilities, claims, and expenses, including without limitation attorney’s fees and costs, arising from relating to any breach of this Terms of Use Agreement by you, or from your use of MindVR content and/or Experiences, except regarding the IP in MindVR content.

9. Limited Warranty and Limited Liability

MINDVR ASSUMES NO RESPONSIBILITY FOR THE SELECTION OF MINDVR CONTENT TO ACHIEVE ANY INTENDED PURPOSE, FOR THE PROPER USE OF MINDVR CONTENT OR FOR THE RESULTS OBTAINED FROM USE OF MINDVR CONTENT. MINDVR LICENSES MINDVR CONTENT, INCLUDING USE OF MINDVR CONTENT, “AS IS”. MINDVR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, MINDVR DOES NOT WARANTY OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS OR RELIABILITY OF THE USE OF MINDVR CONTENT OR OTHERWISE RELATING TO MINDVR CONTENT OR ANY CONTENT ON ANY WEBSITES LINKED TO MINDVR CONTENT. MINDVR DOES NOT WARRANTY THAT MINDVR CONTENT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT MINDVR CONTENT IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF MINDVR CONTENT RESULTS IN THE NEED FOR SERVINCING OR REPLACING EQUIPMENT OR DATA, LICENSOR IS NOT RESPONSIBLE FOR THESE COSTS. IN NO EVENT WILL MINDVR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD-PARTY SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOST DATA OR THE MISUSE OF DATA OR PERSONAL INFORMATION, HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR OTHERWISE, INCLUDING NEGLIGENCE, INCURRED BY YOU OR ANY THIRD PARTY, IN ANY CASE, REGARDLESS OF WHETHER MINDVR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD-PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT, IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF MINDVR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS AND THIRD-PARTY SUPPLIERS UNDER THIS AGREEMENT, OR OTHERWISE IN RESPECT OF THE SUBJECT MATTER OF THIS AGREEMENT, FOR DAMAGES, REGARDLESS OF FOR OF ACTION, WILL BE EQUAL TO GREATEST OF (1) $100.00 US OR (2) FIVE TIMES THE AMOUNT RECEIVED BY MINDVR FROM YOU IN RELATION TO THIS TERMS OF USE AGREEMENT, BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU. THESE PROVISIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Governing Law and Venue

To the fullest extent permitted by applicable law, this Terms of Use Agreement shall be governed by and construed in accordance with the laws of California and the federal laws of United States of America applicable therein. Any actions at law or in equity arising out of or in relation to this Terms of Use Agreement may be filed only in courts located in California, and you hereby consent and submit to the personal jurisdiction of such courts.

11. Definitions

  • Content” means the images (including moving and virtual reality images), audio, text, logos, watermarks, and/or any other files and creative output (in any form whatsoever, including any derivatives), other than software, owned and/or controlled by MindVR.
  • Distributor” means any business entity, which provides distribution of MindVR content and/or collects fees for such distribution (such as, but not limited to, Oculous VR, Sony, Youtube, Facebook, Samsung, Google, etc.) in accordance with an agreement with MindVR.
  • “Experiences” means the virtual reality experience as created by MindVR, including all video, audio, and other elements, and implemented through user items. Experience includes MindVR content.
  • “MindVR Content” means the Software and Content provided or made available to you, whether by MindVR or its Distributors.
  • “IP” means all intellectual property rights of every type and nature, including copyrights, moral rights, or other intangible rights.
  • Software” means the computer code and/or software (in any form) which is used for the creation, delivery and/or exhibition of the Experiences, owned and/or controlled by MindVR
  • “Use” means to install, use or to possess the MindVR Content on the user items.
  • “User Items” means the hardware, software, and other items necessary for the viewing and use of the Experience.