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TERMS OF USE
PLEASE READ THIS VR APPlCATION LICENSE AND TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS VR APPLICATION.
THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER. PLEASE REVIEW SECTION 22.
BY DOWNLOADING, INSTALLING, OR USING THIS VR APPLICATION, YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THIS VR APPLICATION AND DISCONTINUE ITS USE.
1. YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER. ONLY INDIVIDUALS EIGHTEEN (18) YEARS OF AGE OR OLDER MAY USE THIS VR APPLICATION. IF YOU ARE NOT 18 YEARS OF AGE OR OLDER, YOU MUST IMMEDIATELY UNINSTALL THIS VR APPLICATION AND DISCONTINUE ITS USE.
2. THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE VR APPLICATION, BETWEEN YOU AND GREENFIELD WORKSHOP LLC, INCLUDING ITS RELATED AND AFFILIATED COMPANIES (INDIVIDUALLY OR COLLECTIVELY (“GREENFIELD"). THESE TERMS OF SERVICE CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE VR APPLICATION, INCLUDING, UNLESS YOU CHOOSE TO OPT OUT, A PROVISION REGARDING A WAIVER OF CERTAIN RIGHTS TO CLASS ACTIONS. PLEASE READ THE "DISPUTE RESOLUTION" SECTION (SECTION 18) IN ITS ENTIRETY. IN ADDITION, CERTAIN TERMS AND CONDITIONS MAY BE APPLICABLE TO USERS THAT RESIDE OUTSIDE THE UNITED STATES. PLEASE REVIEW SECTION 26 TO DETERMINE WHETHER THESE TERMS AND CONDITIONS APPLY TO YOU.
CONTINUED USE OF THE VR APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.
THESE TERMS ARE ALSO AVAILABLE IN THE VR APPLICATION'S “ABOUT US” SCREEN.
3. HEALTH AND SAFETY. THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING THE VR APPLICATION ON YOUR VR DEVICE. YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE WARNINGS AND INSTRUCTIONS FOR YOUR VR DEVICE. IF YOU ALLOW OTHERS TO USE THE VR APPLICATION, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THEIR ACTIONS AND ANY INJURY THEY MAY INCUR.
4. Incorporation of Related Terms
These Terms incorporate and supplement without limitation the Terms of Use, Terms of Service and End User Agreements and Subscriber agreements of the website from which you obtained this VR Application, such as, for example, STEAM store http://store.steampowered.com/subscriber_agreement/ or VIVEPORT store https://www.vive.com/us/terms/chrome/viveport-terms-of-use/ or OCULUS website https://www.oculus.com/legal/terms-of-service/. These Terms also incorporate by reference without limitation all health and safety warnings provided by the manufacturer of the VR device you are using to view the VR Application, including the HTC VIVE headset and accessories (available at http://dl4.htc.com/vive/safty_guide/91H02887-08M%20Rev.A.PDF?_ga=2.129913352.501244149.1493925712-148309508.1493925712) and the OCULUS headset and accessories (available at https://static.oculus.com/documents/310-30023-01_Rift_HealthSafety_English.pdf, https://static.oculus.com/documents/OCULUS_TOUCH_HSWG_EMEA_ENG.pdf).
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the VR Application.
5. End User
You represent and warrant that You are at least 18 years of age and competent to be contractually bound by these Terms of Use. The VR Application is intended solely for users who are 18 or older. Any registration for, or use of, the VR Application by anyone under the age of 18 is unauthorized, unlicensed and in violation of these Terms. If You are accepting these Terms of Use on behalf of Your employer, You represent and warrant that You have full legal authority to bind Your employer to these Terms of Use. If You do not have the requisite authority, You may not accept these Terms of Use or use the VR Application on behalf of Your employer.
6. End User License
Subject to these Terms, Greenfield grants you a personal, non-commercial, non-exclusive, non-transferable, limited and revocable license to access, install and use the VR Application for personal use on a single VR headset and related accessories ("VR Device”) that you own or control and in accordance with this Agreement (“End User License"). No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
7. End User License Limitations
The End User License granted in Section 6 is conditioned upon Your compliance with the following limitations. You are NOT permitted to:
a use the VR Application on any VR Device that you do not own or control;
b copy this VR Application (except as expressly permitted by the Terms of Use);
c adapt, modify or make any derivative works of the VR Application, in whole or in part;
d distribute, transfer, disclose or otherwise provide the VR Application to any third party including making the VR Application available over a network where it could be used by multiple VR Devices at the same time ;
e publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the VR Application, except as expressly permitted by Greenfield or as permitted under applicable law;
f publish, sell, rent, lease, lend, or sublicense the VR Application;
g work around any technical limitations in the VR Application or to use the VR Application in an attempt to, or in conjunction with any device, program or service designed to, circumvent technical measures employed to control access to, or the rights in the VR Application;
h reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the VR Application;
i remove any proprietary notices or labels on the VR Application or any copy thereof;
j use Greenfield proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with VR Devices;
k use the VR Application to infringe the rights of Greenfield, its affiliates, its users or any third party ; or
l make any use of the VR Application in any manner not permitted by this Agreement.
Any unauthorized use of the VR Application is strictly prohibited and will terminate the license granted in these Terms.
Greenfield reserves all rights not expressly granted to you.
8. Fees
Any charges or fees related to your use of the VR Application, including but not limited to an internet connection and/or mobile or data charges are your full and sole responsibility.
9. VR Application Usage
The specific controls and guidelines for each VR Application can be found within the VR Application itself. You agree to comply with such controls and guidelines which are incorporated in this Agreement as part of the Terms.
10. Acceptable Use
By accessing or using the VR Application, you agree that you will NOT: (a) access or use the VR Application in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the VR Application, including, but not limited to, defamatory, harassing, threatening, stalking, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content; (b) damage, disable, overburden or impair the functionality of the VR Application in any manner; (c) access or use the VR Application for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Use, community standards or any other terms or policies provided in connection with the VR Application; (d) use or attempt to use another user’s account without authorization from such user; (e) modify, adapt, hack or emulate the Vr Application; (f) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the VR Application or to extract data; (g) use the VR Application to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the VR Application, or third parties; and (i) violate the rights of Greenfield, our users or any third party.
11. Consent to Use of Data
You agree that Greenfield may collect and use technical data and related information, including but not limited to technical information about Your VR Device, VR system and VR Application, and peripherals, that is gathered periodically to facilitate the provision of software application updates, product support and other services to You (if any) related to the VR Application. Greenfield may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
12. Availability
Features of the VR Application may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Wi-Fi or cellular data connection may be required for some features of the VR Application.
13. VR Application Content
You agree and understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated (“Content Owner”).
14. VR Application Feedback
If you submit feedback or suggestions about the VR Application, you agree that Greenfield may use your feedback or suggestions without any obligation to you whatsoever.
15. Reservation of Right
Greenfield reserves the right, in its sole discretion, to terminate any End User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the VR Application that Greenfield reasonably believes is or might be in violation of these Terms without notice or liability. but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms. In no event will Greenfield be liable for tits actions under this provision.
16. VR Application Controls
The specific controls and guidelines for each VR Application can be found within the VR Application itself. You agree to comply with such controls and guidelines which are incorporated in this Agreement as part of the Terms.
17. Services; Third Party Materials
The VR Application may enable access to Greenfield’s services and websites and to third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that Greenfield shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Greenfield is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.
Greenfield does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Greenfield is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the VR Application are not available in all languages or in all countries. Greenfield makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Greenfield, and its licensors, in each’s sole discretion, reserve the right to change, suspend, remove, or disable your access to any or all portion(s) of the Services at any time without notice in the event that Greenfield or its licensors believe that a health risk or safety risk or violation of community standards or of agreements, laws, regulations or policies is present. In no event will Greenfield be liable for the removal of or disabling of access to any or all portion(s) of such Services. In its sole discretion, Greenfield may also impose limits on your use of or access to certain Services, in any case and without notice or liability.
Greenfield Ownership and Intellectual Property
All right, title, and interest in and to the VR Application and Services are and will remain the exclusive property of Greenfield and its licensors. VR Applications and Services are protected by copyright, trademark, patent, and other laws. Nothing in the Terms gives You any right to copy, imitate or use the Greenfield name or any of the Greenfield or VR Application-related trademarks, logos, domain names, properties and other distinctive brand features, in whole or in part. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.
18. Term and Termination
This Agreement is effective when You download, install or use this VR Application and continues until terminated by You or Greenfield. Your rights under this Agreement will terminate automatically without notice from the Greenfield if You fail to comply with any Term(s). Upon termination of the Agreement, you shall cease all use of the VR Application, and destroy all copies, full or partial, of the VR Application.
19. Indemnification
You agree to indemnify and hold harmless Greenfield, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the VR Application and Services, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including reasonable attorneys' fees) occurring from or related to (a) the installation or use or misuse of the VR Application, (b) violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Greenfield or a third party, (c) use or misuse of Content, (d) use or misuse of Services or (e) violations of any applicable law or any rights of a third party, or any allegation thereof, or (f) any Content or feedback You provide. Greenfield reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
20. NO Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE VR APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VR APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE VR APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GREENFIELD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VR APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GREENFIELD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE VR APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE VR APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE VR APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE VR APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GREENFIELD OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
21. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GREENFIELD BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE VR APPLICATION OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GREENFIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, GREENFIELD DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE WHILE USING THE VR APPLICATION OR SERVICES, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR ISSUING BANK, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Greenfield’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
22. Class Action Waiver
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GREENFIELD (NO CLASS ACTIONS OR REPRESENTATIVE ACTIONS).
You agree, to the extent permitted by applicable law, that any and all disputes, claims, and causes of action arising out of or in connection with the VR Application or these Terms of Use will be resolved individually in the forum designated in this section, without resort to any form of class action. You agree that any claims or resolution of disputes pursuant to this agreement shall be in your individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.
23. No Attorney Fees
You agree, to the extent permitted by applicable law, that any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorney's fees be awarded or recoverable.
24. Export Compliance
24.1 You may not use or otherwise export or re-export the VR Application except as authorized by United States law and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations (“Export Laws”). You will not, directly or indirectly, export, re-export or download any products, services or technology of Greenfiled, including, without limitation, the VR Application: (a) to any individual, entity or country prohibited by Export Laws, including by any U.S. sanctions program; (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals (“SDN List”) or the U.S. Department of Commerce Denied Person’s List or Entity List or other export control lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons proliferation or development of missile technology. You further represent and warrant that no U.S. federal agency has suspended, revoked or denied your export privileges and you are not listed on the SDN List.
24.2 The VR Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
25. Third Party Beneficiary
You agree that Greenfield's service providers, licensors, or others involved in creating or providing the VR Application are third-party beneficiaries to this Agreement and Terms and may rely upon the provisions of this Agreement and Terms, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
26. About these Terms
Greenfield reserves the right to modify these Terms or any additional Terms that apply to at the VR Application or Services to, for example, reflect changes to the law or changes to the VR Application or Services, at any time in Greenfield’s sole discretion. You are expected to check each time you access or use the Software so that You are aware of any changes, as they are binding on You. If you do not agree to the modified terms for the VR Application or Service, you should discontinue your use of that VR Application or Service.
If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. These Terms control the relationship between Greenfield and You.
27. Severability & Waiver
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those Terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Greenfield to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
28. Assignment
You may not assign these Terms of Use or any of the rights granted hereunder without the prior written consent of Greenfield, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms of Use will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
29. Whole Agreement
This Agreement, including (i) Greenfield’s Privacy Policy, (ii) any Terms of Use, Terms of Service, Privacy Policies, End User Agreements and Subscriber agreements of the website from which you obtained this VR Application, and (iii) all health and safety warnings provided by the manufacturer of the VR device you are using to view the VR Application, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
30. Applicable Law, Venue and Jurisdiction
Greenfield is based in the United States and the VR Application and Services are subject to U.S. law. Greenfield makes no representations or warranties that the VR Application and Services are appropriate or available for use in other locations.
This Agreement shall be treated as though it were executed and performed in Minnesota, and shall be governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the VR Application including, without limitation, your use of the VR Application, the VR Application's Contents, Your information provided to the VR Application, and/or these Terms of Use, the Privacy Practices, and any legal notices on this VR Application must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that any claims or resolution of disputes pursuant to this agreement shall be in your individual capacity. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.
31. English Language
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
GREENFIELD WORKSHOP, LLC
Minnesota, USA
PLEASE READ THIS VR APPlCATION LICENSE AND TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS VR APPLICATION.
THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER. PLEASE REVIEW SECTION 22.
BY DOWNLOADING, INSTALLING, OR USING THIS VR APPLICATION, YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THIS VR APPLICATION AND DISCONTINUE ITS USE.
1. YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER. ONLY INDIVIDUALS EIGHTEEN (18) YEARS OF AGE OR OLDER MAY USE THIS VR APPLICATION. IF YOU ARE NOT 18 YEARS OF AGE OR OLDER, YOU MUST IMMEDIATELY UNINSTALL THIS VR APPLICATION AND DISCONTINUE ITS USE.
2. THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE VR APPLICATION, BETWEEN YOU AND GREENFIELD WORKSHOP LLC, INCLUDING ITS RELATED AND AFFILIATED COMPANIES (INDIVIDUALLY OR COLLECTIVELY (“GREENFIELD"). THESE TERMS OF SERVICE CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE VR APPLICATION, INCLUDING, UNLESS YOU CHOOSE TO OPT OUT, A PROVISION REGARDING A WAIVER OF CERTAIN RIGHTS TO CLASS ACTIONS. PLEASE READ THE "DISPUTE RESOLUTION" SECTION (SECTION 18) IN ITS ENTIRETY. IN ADDITION, CERTAIN TERMS AND CONDITIONS MAY BE APPLICABLE TO USERS THAT RESIDE OUTSIDE THE UNITED STATES. PLEASE REVIEW SECTION 26 TO DETERMINE WHETHER THESE TERMS AND CONDITIONS APPLY TO YOU.
CONTINUED USE OF THE VR APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.
THESE TERMS ARE ALSO AVAILABLE IN THE VR APPLICATION'S “ABOUT US” SCREEN.
3. HEALTH AND SAFETY. THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING THE VR APPLICATION ON YOUR VR DEVICE. YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE WARNINGS AND INSTRUCTIONS FOR YOUR VR DEVICE. IF YOU ALLOW OTHERS TO USE THE VR APPLICATION, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THEIR ACTIONS AND ANY INJURY THEY MAY INCUR.
4. Incorporation of Related Terms
These Terms incorporate and supplement without limitation the Terms of Use, Terms of Service and End User Agreements and Subscriber agreements of the website from which you obtained this VR Application, such as, for example, STEAM store http://store.steampowered.com/subscriber_agreement/ or VIVEPORT store https://www.vive.com/us/terms/chrome/viveport-terms-of-use/ or OCULUS website https://www.oculus.com/legal/terms-of-service/. These Terms also incorporate by reference without limitation all health and safety warnings provided by the manufacturer of the VR device you are using to view the VR Application, including the HTC VIVE headset and accessories (available at http://dl4.htc.com/vive/safty_guide/91H02887-08M%20Rev.A.PDF?_ga=2.129913352.501244149.1493925712-148309508.1493925712) and the OCULUS headset and accessories (available at https://static.oculus.com/documents/310-30023-01_Rift_HealthSafety_English.pdf, https://static.oculus.com/documents/OCULUS_TOUCH_HSWG_EMEA_ENG.pdf).
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the VR Application.
5. End User
You represent and warrant that You are at least 18 years of age and competent to be contractually bound by these Terms of Use. The VR Application is intended solely for users who are 18 or older. Any registration for, or use of, the VR Application by anyone under the age of 18 is unauthorized, unlicensed and in violation of these Terms. If You are accepting these Terms of Use on behalf of Your employer, You represent and warrant that You have full legal authority to bind Your employer to these Terms of Use. If You do not have the requisite authority, You may not accept these Terms of Use or use the VR Application on behalf of Your employer.
6. End User License
Subject to these Terms, Greenfield grants you a personal, non-commercial, non-exclusive, non-transferable, limited and revocable license to access, install and use the VR Application for personal use on a single VR headset and related accessories ("VR Device”) that you own or control and in accordance with this Agreement (“End User License"). No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
7. End User License Limitations
The End User License granted in Section 6 is conditioned upon Your compliance with the following limitations. You are NOT permitted to:
a use the VR Application on any VR Device that you do not own or control;
b copy this VR Application (except as expressly permitted by the Terms of Use);
c adapt, modify or make any derivative works of the VR Application, in whole or in part;
d distribute, transfer, disclose or otherwise provide the VR Application to any third party including making the VR Application available over a network where it could be used by multiple VR Devices at the same time ;
e publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the VR Application, except as expressly permitted by Greenfield or as permitted under applicable law;
f publish, sell, rent, lease, lend, or sublicense the VR Application;
g work around any technical limitations in the VR Application or to use the VR Application in an attempt to, or in conjunction with any device, program or service designed to, circumvent technical measures employed to control access to, or the rights in the VR Application;
h reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the VR Application;
i remove any proprietary notices or labels on the VR Application or any copy thereof;
j use Greenfield proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with VR Devices;
k use the VR Application to infringe the rights of Greenfield, its affiliates, its users or any third party ; or
l make any use of the VR Application in any manner not permitted by this Agreement.
Any unauthorized use of the VR Application is strictly prohibited and will terminate the license granted in these Terms.
Greenfield reserves all rights not expressly granted to you.
8. Fees
Any charges or fees related to your use of the VR Application, including but not limited to an internet connection and/or mobile or data charges are your full and sole responsibility.
9. VR Application Usage
The specific controls and guidelines for each VR Application can be found within the VR Application itself. You agree to comply with such controls and guidelines which are incorporated in this Agreement as part of the Terms.
10. Acceptable Use
By accessing or using the VR Application, you agree that you will NOT: (a) access or use the VR Application in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the VR Application, including, but not limited to, defamatory, harassing, threatening, stalking, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content; (b) damage, disable, overburden or impair the functionality of the VR Application in any manner; (c) access or use the VR Application for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Use, community standards or any other terms or policies provided in connection with the VR Application; (d) use or attempt to use another user’s account without authorization from such user; (e) modify, adapt, hack or emulate the Vr Application; (f) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the VR Application or to extract data; (g) use the VR Application to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the VR Application, or third parties; and (i) violate the rights of Greenfield, our users or any third party.
11. Consent to Use of Data
You agree that Greenfield may collect and use technical data and related information, including but not limited to technical information about Your VR Device, VR system and VR Application, and peripherals, that is gathered periodically to facilitate the provision of software application updates, product support and other services to You (if any) related to the VR Application. Greenfield may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
12. Availability
Features of the VR Application may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Wi-Fi or cellular data connection may be required for some features of the VR Application.
13. VR Application Content
You agree and understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated (“Content Owner”).
14. VR Application Feedback
If you submit feedback or suggestions about the VR Application, you agree that Greenfield may use your feedback or suggestions without any obligation to you whatsoever.
15. Reservation of Right
Greenfield reserves the right, in its sole discretion, to terminate any End User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the VR Application that Greenfield reasonably believes is or might be in violation of these Terms without notice or liability. but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms. In no event will Greenfield be liable for tits actions under this provision.
16. VR Application Controls
The specific controls and guidelines for each VR Application can be found within the VR Application itself. You agree to comply with such controls and guidelines which are incorporated in this Agreement as part of the Terms.
17. Services; Third Party Materials
The VR Application may enable access to Greenfield’s services and websites and to third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that Greenfield shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Greenfield is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.
Greenfield does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Greenfield is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the VR Application are not available in all languages or in all countries. Greenfield makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Greenfield, and its licensors, in each’s sole discretion, reserve the right to change, suspend, remove, or disable your access to any or all portion(s) of the Services at any time without notice in the event that Greenfield or its licensors believe that a health risk or safety risk or violation of community standards or of agreements, laws, regulations or policies is present. In no event will Greenfield be liable for the removal of or disabling of access to any or all portion(s) of such Services. In its sole discretion, Greenfield may also impose limits on your use of or access to certain Services, in any case and without notice or liability.
Greenfield Ownership and Intellectual Property
All right, title, and interest in and to the VR Application and Services are and will remain the exclusive property of Greenfield and its licensors. VR Applications and Services are protected by copyright, trademark, patent, and other laws. Nothing in the Terms gives You any right to copy, imitate or use the Greenfield name or any of the Greenfield or VR Application-related trademarks, logos, domain names, properties and other distinctive brand features, in whole or in part. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.
18. Term and Termination
This Agreement is effective when You download, install or use this VR Application and continues until terminated by You or Greenfield. Your rights under this Agreement will terminate automatically without notice from the Greenfield if You fail to comply with any Term(s). Upon termination of the Agreement, you shall cease all use of the VR Application, and destroy all copies, full or partial, of the VR Application.
19. Indemnification
You agree to indemnify and hold harmless Greenfield, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the VR Application and Services, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including reasonable attorneys' fees) occurring from or related to (a) the installation or use or misuse of the VR Application, (b) violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Greenfield or a third party, (c) use or misuse of Content, (d) use or misuse of Services or (e) violations of any applicable law or any rights of a third party, or any allegation thereof, or (f) any Content or feedback You provide. Greenfield reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
20. NO Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE VR APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VR APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE VR APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GREENFIELD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VR APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GREENFIELD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE VR APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE VR APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE VR APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE VR APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GREENFIELD OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
21. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GREENFIELD BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE VR APPLICATION OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GREENFIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, GREENFIELD DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE WHILE USING THE VR APPLICATION OR SERVICES, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR ISSUING BANK, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Greenfield’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
22. Class Action Waiver
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GREENFIELD (NO CLASS ACTIONS OR REPRESENTATIVE ACTIONS).
You agree, to the extent permitted by applicable law, that any and all disputes, claims, and causes of action arising out of or in connection with the VR Application or these Terms of Use will be resolved individually in the forum designated in this section, without resort to any form of class action. You agree that any claims or resolution of disputes pursuant to this agreement shall be in your individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.
23. No Attorney Fees
You agree, to the extent permitted by applicable law, that any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorney's fees be awarded or recoverable.
24. Export Compliance
24.1 You may not use or otherwise export or re-export the VR Application except as authorized by United States law and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations (“Export Laws”). You will not, directly or indirectly, export, re-export or download any products, services or technology of Greenfiled, including, without limitation, the VR Application: (a) to any individual, entity or country prohibited by Export Laws, including by any U.S. sanctions program; (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals (“SDN List”) or the U.S. Department of Commerce Denied Person’s List or Entity List or other export control lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons proliferation or development of missile technology. You further represent and warrant that no U.S. federal agency has suspended, revoked or denied your export privileges and you are not listed on the SDN List.
24.2 The VR Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
25. Third Party Beneficiary
You agree that Greenfield's service providers, licensors, or others involved in creating or providing the VR Application are third-party beneficiaries to this Agreement and Terms and may rely upon the provisions of this Agreement and Terms, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
26. About these Terms
Greenfield reserves the right to modify these Terms or any additional Terms that apply to at the VR Application or Services to, for example, reflect changes to the law or changes to the VR Application or Services, at any time in Greenfield’s sole discretion. You are expected to check each time you access or use the Software so that You are aware of any changes, as they are binding on You. If you do not agree to the modified terms for the VR Application or Service, you should discontinue your use of that VR Application or Service.
If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. These Terms control the relationship between Greenfield and You.
27. Severability & Waiver
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those Terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Greenfield to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
28. Assignment
You may not assign these Terms of Use or any of the rights granted hereunder without the prior written consent of Greenfield, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms of Use will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
29. Whole Agreement
This Agreement, including (i) Greenfield’s Privacy Policy, (ii) any Terms of Use, Terms of Service, Privacy Policies, End User Agreements and Subscriber agreements of the website from which you obtained this VR Application, and (iii) all health and safety warnings provided by the manufacturer of the VR device you are using to view the VR Application, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
30. Applicable Law, Venue and Jurisdiction
Greenfield is based in the United States and the VR Application and Services are subject to U.S. law. Greenfield makes no representations or warranties that the VR Application and Services are appropriate or available for use in other locations.
This Agreement shall be treated as though it were executed and performed in Minnesota, and shall be governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the VR Application including, without limitation, your use of the VR Application, the VR Application's Contents, Your information provided to the VR Application, and/or these Terms of Use, the Privacy Practices, and any legal notices on this VR Application must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that any claims or resolution of disputes pursuant to this agreement shall be in your individual capacity. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.
31. English Language
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
GREENFIELD WORKSHOP, LLC
Minnesota, USA