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ALTAR VIRTUAL TECHNOLOGIES, INC.
END USER LICENSE AGREEMENT
Last Updated: August 22, 2017
Thank you for your interest in Altar Virtual Technologies, Inc. (“Altar”, “we,” “our” or “us”), Altar Show (the “App”), and any of our related mobile applications (including headset device applications), websites (including our website, altarvirtual.com), downloadable software, virtual reality products, and other products and services provided by us (together with the App, the “Service”).
Please read this End User License Agreement carefully, as it is a legally binding contract between you and Altar regarding your access and use of the Service. BY CLICKING “I ACCEPT” OR DOWNLOADING, ACCESSING, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT, AS WELL AS THE ALTAR PRIVACY POLICY www.altarvirtual.com/eula (“PRIVACY POLICY”) AND ANY OTHER ADDITIONAL TERMS MADE AVAILABLE TO YOU ON OR THROUGH THE SERVICE (“ADDITIONAL TERMS”) (COLLECTIVELY, THE “EULA”).
1. ELIGIBILITY. By agreeing to this EULA, you represent and warrant that: (a) you are at least thirteen (13) years of age, and if you are a child between the age of thirteen (13) and eighteen (18) years old, that your parent or guardian has read and agreed to this EULA and to your use of the Service; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this EULA and you agree to be bound by this EULA on behalf of that entity. Altar may, in its sole discretion, refuse to offer the Service to any person or entity, and may change its eligibility criteria at any time.
2. APP TERMS. The terms of this Section 2 govern your access to and use of the App:
2.1 Altar Account. To access certain features of the App, you may be required to register an account with Altar. When you register for an account with Altar, you may be asked to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register for an account with Altar, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@altarvirtual.com. For more information regarding the information we collect, and how we use and share such information, please read our Privacy Policy [insert link]. If you would like us to delete your account or personal information, or if you would like more information about our privacy practices, please contact us at privacy@altarvirtual.com.
2.2 Third-Party Account. In order to use the App, you may be required to create a separate account by the third-party app store or distribution platform that is distributing or providing you access to the App, such as Valve Corporation, Apple, Inc., Google Play, or the Amazon Appstore (each, a “Distributor”). You are solely responsible for maintaining the security of any logins, passwords, or other credentials for your third-party account with any Distributor. Your use of any third-party account with a Distributor is subject to any terms, conditions, and policies of that Distributor.
2.3 License to the App. The App is licensed, not sold, to you for use only under the terms of this license. Subject to your compliance with the terms of this EULA, Altar hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, for your personal and non-commercial use, to access and use (i) one copy of the App and (ii) the Service, as required to use the App. You may not reproduce, distribute, publicly display, or publicly perform the App or any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (i) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App, or make or attempt to make any modification to or derivative work of the App; or (ii) interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism. You may not use the App or the Service for any purpose other than a purpose for which the App and the Service are expressly designed. The term “App” as used herein includes any update or modification to the App made available to you by us (unless provided with separate terms). If you are prohibited under applicable law from using the App or the Service, you may not use them.
2.4 Access to the App; Third Party Fees. Altar does not provide you with equipment to access and use the App. You are responsible for all fees charged by third parties to access and use the App, including any charges by device or headset manufacturers (“Manufacturers”), mobile network operators (“Carriers”), or Distributors. By accessing and using the App, you may be subject to separate third-party terms, conditions, and policies of any Distributor, Manufacturer, or Carrier. You are solely responsible for all such third-party terms and conditions, and Altar is not responsible for any act or omission of any Distributor, Manufacturer, or Carrier.
3. HEALTH AND SAFETY. This Section must be reviewed and understood prior to accessing and using the App, and failure to do so may result in bodily harm or property damage. In addition to this Section, please review any health and safety warnings issued by your Manufacturers. If you are a minor using the App as permitted under Section 0, then this Section must be read and explained to you by your parent or guardian. The health and safety precautions in this Section are not intended to be an exhaustive list, and use of the App may involve other health and/or safety risks not contained herein.
3.1 Minors. Minors using the App must be supervised by an adult at all times. Adults should monitor minors both during and after use of the App for any adverse health symptoms, as further described below.
3.2 Proper Position. The App involves moving in a virtual reality environment. You must start using the App in a seated position, and stand only if you feel comfortable to do so.
3.3 Health Warning. Using virtual reality headsets, playing virtual games, or accessing virtual reality experiences (including this App) could have adverse health effects for some users that may occur both during and after use of the App, including but not limited to: motion sickness, nausea, poor balance, weakened hand-eye coordination, decreased multi-tasking ability, loss of or impaired consciousness, eye strain, altered vision, skin irritations, muscle soreness or twitching, convulsions or seizure, involuntary movements, disorientation, and/or discomfort. You must stop using the App and consult a doctor if any of the foregoing symptoms or any other adverse symptoms occur during or after use of the App. Altar does not give medical advice. You must consult a doctor before using the App if you are pregnant or if you have, or your minor has, any pre-existing health condition that may be affected or worsened by using the App (including, but not limited to, epilepsy, insomnia, or amblyopia), or if you have any other concerns about the health impact of using the App.
3.4 Surrounding Area. As the App is an immersive virtual reality experience, you must take necessary precautions to ensure your own safety (as well as the safety of others) while you are using the App. While using the App, users may be moving around the surrounding area, including making hand gestures or other movements. Before accessing the App, you must ensure that the surrounding area is free of all potential hazards and maintain a reasonable distance from other individuals in the surrounding area. You may not use the App near objects, stairs, balconies, windows, walls, furniture, or other objects that may pose a danger or that could be damaged during or immediately after using the App. Due to the immersive nature of the App, sound volumes should be kept at low enough levels such that you are able to maintain awareness of your surroundings while using the App.
3.5 Other Prohibited Uses. Do not use the App when you are excessively tired, under the influence of alcohol or drugs, or suffering from any health issues (including those which may increase your susceptibility to adverse symptoms or reactions, including as described in Section 3.3). Do not drive, operate heavy machinery, or engage in other demanding or strenuous activity while using the App or shortly thereafter, or while you are experiencing any health-related symptoms or illness. Never handle sharp or dangerous objects while playing the App.
3.6 Disclaimer. ALTAR IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY BODILY HARM (INCLUDING, WITHOUT LIMITATION, DEATH, INJURY, SICKNESS, AND HEALTH COMPLICATIONS) OR ANY PROPERTY DAMAGE THAT MAY OCCUR DURING, AS A RESULT OF, OR IN CONNECTION WITH YOUR USE OF THE APP.
4. PERSONAL AND NON-COMMERCIAL USE. The Service is for your personal and non-commercial use, and unless expressly authorized herein, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the App and/or Service (including any Materials, as defined below), or other information, software, products, and/or services accessed through the App and/or Service.
5. OWNERSHIP. This EULA does not grant you ownership of any intellectual property rights in the App and/or Service or any content made available through the App and/or Service. The visual interfaces, video, audiovisual content, characters, sound effects, music, animation, images (including the image, name, and likeness of certain individuals), graphics, designs, lay out, compilations, information, data, code (including source code or object code), products, software, services, branding, logo, copyrightable materials, technology, and all other elements made available on or through the App and/or Service (“Materials”) are protected by intellectual property and other laws. As between you and Altar, all Materials are the property of Altar, its affiliates, licensors, and suppliers. Except as expressly authorized by Altar or the applicable owner, or otherwise permitted by law, you may not make use of the Materials or any other content accessed on or through the App and/or Service. As between you and Altar, Altar reserves all rights to the Materials not granted expressly in this EULA. If you provide Altar any feedback regarding the App and/or Service, you hereby assign to Altar all right and title to such feedback, without any additional compensation to you.
For the avoidance of doubt, this EULA does not grant you the right to use any branding, logos, trade dress, or trademarks (“Marks”) made available through the App and/or Service. All goodwill generated therefrom will inure to the exclusive benefit of Altar or the applicable third-party owner of the Mark(s).
Without limiting the foregoing, certain portions of the App and/or Service may include, display, or make available certain third-party content, data, information, or materials. Altar makes no representations or endorsements, nor are we liable for, any such third-party content, data, information, or materials.
6. USER CONTENT. Certain features of the Service may permit users to upload content to, and create content on, the Service, including virtual whiteboards, drawings, Bubbles, Relations, Semantic Frames, sketches, audio recordings, photos, images, PDF files, video, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
6.1 Limited License Grant to Altar. By providing User Content via the Service, you grant Altar a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
6.2 Limited License Grant to Other Users. By providing User Content via the Service to other users of the Service, including by sharing any User Content via a link or an invite on the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by this EULA and the functionality of the Service.
6.3 User Content Representations and Warranties. Altar disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Altar and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Altar, the Service, and this EULA;
(b) your User Content, and the use of your User Content as contemplated by this EULA, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Altar to violate any law or regulation; and
(c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
6.4 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Altar may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Altar with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to this EULA, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Altar does not permit copyright-infringing activities on the Service.
6.5 Monitoring Content. Altar does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Altar reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Altar chooses to monitor the content, Altar still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
7. USE GUIDELINES. You agree not to:
7.1 use the App and/or Service for any illegal purpose or in violation of any local, state, national, or international law;
7.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
7.3 interfere with security-related features of the App and/or Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the App/or Service except to the extent that the activity is expressly permitted by applicable law;
7.4 use, display, mirror or frame the App and/or Service or any individual element therein (including any Marks) or other proprietary information without express written consent;
7.5 interfere with the operation of the App and/or Service or any user’s enjoyment thereof, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the App and/or Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
7.6 attempt to do any of the acts described in this Section 7, or assist or permit any person in engaging in any of the acts described in this Section 7.
8. DMCA. Altar complies with the provisions of the Digital Millennium Copyright Act. If you have an intellectual property rights-related complaint about material posted on the App and/or Service, you may contact our designated agent at the following address:
Altar Virtual Technologies, Inc.
Attention: DMCA
130 El Camino Real
San Carlos, CA 94070
Email: DMCA@altarvirtual.com
Any notice alleging that materials hosted by or distributed through the App and/or Service infringe intellectual property rights must include the following information:
8.1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
8.2 a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
8.3 a description of the material that you claim is infringing and where it is located on the Service;
8.4 your address, telephone number, and email address;
8.5 a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
8.6 a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Altar will promptly terminate without notice the accounts of users that are determined by Altar to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity removed from the Service at least twice.
9. TERM AND TERMINATION. The EULA is effective until terminated by you or Altar. Your rights under the limited license granted herein will terminate automatically without notice if you fail to comply with any term of this EULA. In addition, Altar may suspend or terminate access to the App and/or Service at any time without notice. We also reserve the right to modify or discontinue the App and/or Service at any time (including by limiting or discontinuing certain features thereof) without notice to you. We will have no liability whatsoever with respect to any change to the App and/or Service or any suspension or termination thereof. You may terminate this EULA by notifying Altar via email mail and ceasing use of the Service (including the App). Sections 1 through 5, 9 through 13, and Sections 15 through 18 will survive termination of this EULA for any reason.
10. EULA MODIFICATION. We reserve the right, at our discretion, to change this EULA on a going-forward basis at any time. In the event that a change to this EULA materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change, such as a notification through a pop-up or banner within the App and/or Service, as applicable. Additionally, if the changed EULA materially modify your rights or obligations, we may require you to provide consent by accepting the changed EULA. If we require your acceptance of the changed EULA, changes are effective only after your acceptance. If you do not accept the changed EULA, you must cease use of the Service. All other changes are effective upon publication of the changed EULA. Disputes arising under this EULA will be resolved in accordance with the version of these EULA that was in effect at the time the dispute arose.
11. INDEMNITY. To the fullest extent permitted by law, you agree that you will be responsible for your use of the Service (including the App), and you agree to defend and indemnify Altar and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Altar Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service (including the App); (b) your violation of any portion of this EULA or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
12. DISCLAIMERS; NO WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP, THE SERVICE, AND MATERIALS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ALTAR ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE APP, THE SERVICE, AND MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ALTAR ENTITIES DO NOT WARRANT THAT THE APP, SERVICE, OR MATERIALS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE APP, THE SERVICE, AND MATERIALS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU USE THE APP, THE SERVICE, AND MATERIALS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY BODILY HARM, DAMAGE TO PROPERTY, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
13. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ALTAR ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APP, THE SERVICE, AND MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ALTAR ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ALTAR ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE APP, THE SERVICE, THE MATERIALS, OR OTHERWISE UNDER THIS EULA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
EACH PROVISION OF THIS EULA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS EULA BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS EULA. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. INTERNATIONAL USE. The Service is controlled and operated from within the United States. Altar makes no representation that the Service (including the App) is appropriate or available in locations outside the United States. Those who choose to access the Service (including the App) from other locations are responsible for compliance with applicable laws. All users must comply with all applicable law, and any software made available in connection with the Service and the transmission of applicable data, if any, is subject to United States and other applicable export controls.
15. GOVERNING LAW. This EULA is governed by the laws of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under this EULA, then you and Altar agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara, California for the purpose of litigating any dispute.
16. DISPUTE RESOLUTION AND ARBITRATION.
16.1 Generally. In the interest of resolving disputes between you and Altar in the most expedient and cost effective manner, you and Altar agree that every dispute arising in connection with this EULA will be resolved by confidential, binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND ALTAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16.2 Exceptions. Despite the provisions of Section 16.1, we both agree that nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
16.3 Arbitrator. Any arbitration between you and Altar will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Altar.
16.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). Altar’s address for Notice is: Altar Virtual Technologies, Inc., 1766 Sand Hill Road, Apartment 0304, Palo Alto, CA 94304. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Altar may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Altar must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Altar will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Altar in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
16.5 Fees. If you commence arbitration in accordance with this EULA, Altar will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Altar for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
16.6 No Class Actions. YOU AND ALTAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Altar agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
16.7 Modifications. If Altar makes any future change to this arbitration provision (other than a change to Altar’s address for Notice), you may reject the change by sending us written notice within thirty (30) days of the change to Altar’s address for Notice, in which case your account with Altar will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
16.8 Enforceability. If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to this EULA.
17. GENERAL. This EULA, together with the Privacy Policy and any Additional Terms, and any other agreements expressly incorporated by reference herein, are the entire and exclusive understanding and agreement between you and Altar regarding your use of the Service (including the App). Except as expressly permitted above, this EULA may be amended only by a written agreement signed by authorized representatives of all parties to this EULA. You may not assign or transfer this EULA or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this EULA at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this EULA, or any provision of this EULA, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and will not have any impact on the interpretation of any provision. If any part of this EULA is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18. OPEN SOURCE SOFTWARE. The App and/or Service may include open source software or third-party software. Any such software is made available to you under the terms of the applicable licenses.
19. CONTACT INFORMATION. Altar Virtual Technologies, Inc. is located at 1766 Sand Hill Road, Apartment 0304, Palo Alto, CA 94304. You may contact us by sending correspondence to that address or by emailing us at contact@altarvirtual.com.
20. OBTAINING A COPY OF THIS EULA. You may have this EULA mailed to you electronically by sending a letter to the address in Section 19 with your electronic mail address and a request for a copy of this EULA.
21. NOTICE TO CALIFORNIA RESIDENTS. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the App and/or Service or to receive further information regarding use thereof.
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ALTAR VIRTUAL TECHNOLOGIES, INC.
PRIVACY POLICY
Last Updated: June 27, 2017
Thank you for your interest in Altar Virtual Technologies, Inc. (“Altar”, “we,” “our” or “us”), Altar Show (the “App”), and any of our related mobile applications (including headset device applications), websites (including our website, altarvirtual.com), downloadable software, virtual reality products, and other products and services provided by us (together with the App, the “Service”).
This Privacy Policy (“Policy”), which is incorporated into and is subject to the Altar Virtual End User License Agreement (“EULA”), describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information.
Information We Collect on the Service:
• User-provided Information. We may collect information about you, including your name, email address, mailing address, mobile phone number, your date of birth, or preferences, and we may link this information with other information about you. You may provide us with information in various ways on the Service. For example, you may provide us with information when you register for an account with Altar, register an account with the third-party app store or distribution platform distributing or providing you access to the Service (such as Valve Corporation, Apple, Inc., Google Play, or the Amazon Appstore), use the Service, or send us customer service-related requests.
• Location. Some of the features of the Service may enable Altar to tailor your experience based on your location. In order to access such service, you will be asked to provide Altar with your location (such as upon registration), or you must otherwise allow Altar access to your localized position through your device, which Altar may accomplish through a variety of means, including GPS location, GeoIP, or other available mechanisms. Without limiting the foregoing, even if you have not expressly granted Altar access to location data, Altar may nonetheless have access to location information contained in media content meta data, to the extent you have enabled the application originating such media content to capture and store location data. By authorizing Altar to access your location or media files containing location based meta data, you agree and acknowledge that (i) location data we collect from you is directly relevant to your use of the Service and (ii) Altar may, for so long as you allow Altar to access such location data or meta data, provide location-based services related to your location. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APP OR A THIRD PARTY APPLICATION ORIGINATING A PIECE OF MEDIA CONTENT, AND ALTAR DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND THE LOCATION BASED SERVICES.
• Cookies and Automatically Collected Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential. We may use third party cookies on our Service as well.
We may also automatically record certain information from your device by using various types of technology, including “clear gifs" or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with other information about you.
• Third Party Web Beacons and Third Party Buttons. We may display third-party content on the Service, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Altar. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
• Information from Other Sources. We may obtain information from third parties and sources other than the Service, such as our partners and advertisers.
How We Use the Information We Collect. We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:
• We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
• We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality. Without limiting the foregoing, we may use the information we collect from you on the Service (including the User Content that you may upload on or create via the Service) to recommend additional content in innovative ways.
• We may use your email address or other information we collect to contact you for administrative purposes such as customer service or to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties.
• We may use cookies and automatically collected information to: (i) personalize our Service, such as remembering information about you so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.
When We Disclose Information. Except as described in this Policy, we will not disclose information about you that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
• Any information that you voluntarily choose to include in a publicly accessible area of the Service will be available to anyone who has access to that content, including other users.
• We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process information about you as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
• We may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
• We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
• Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
• We may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
Your Choices
You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your account information and preferences at any time by accessing your account preferences page on the Service. If you wish to access or amend any other personal information we hold about you, you may contact us at contact@altarvirtual.com. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email, or sending your request to opt-out by email at privacy@altarvirtual.com, or by writing to us at the address given at the end of this Policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.
Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
Third-Party Services
The Service may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
Children’s Privacy
The Service is not intended for children under the age of 13 and we do not knowingly collect information online from children under the age of 13. If Altar becomes aware that any person submitting information to the Service is under the age of 13, we will take steps to delete or anonymize any personal information and terminate the user account. If you become aware that your child or any child under your care has provided us with personal information without your consent, please contact us at the contact information listed at the end of this Policy.
Data Security
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
International Visitors
The Service is hosted in the United States. If you are visiting from the European Economic Area or other regions with laws governing data collection and use, please note that we may transfer your information to recipients in countries other than the country in which the information was originally collected, including the United States of America. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Policy. By providing your information and/or using the Service you consent to any transfer and processing in accordance with this Privacy Policy.
Changes and Updates to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.
Your California Privacy Rights
Residents of California have the right to request a disclosure describing what types of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding calendar year. You may request a copy of that disclosure by contacting us at contact@altarvirtual.com.
How to Contact Us
Please contact us with any questions or comments about this Policy, information we have collected or otherwise obtained about you, our use and disclosure practices, or your consent choices by email at contact@altarvirtual.com.
Altar Virtual Technologies, Inc.
130 El Camino Real
San Carlos, CA 94070
END USER LICENSE AGREEMENT
Last Updated: August 22, 2017
Thank you for your interest in Altar Virtual Technologies, Inc. (“Altar”, “we,” “our” or “us”), Altar Show (the “App”), and any of our related mobile applications (including headset device applications), websites (including our website, altarvirtual.com), downloadable software, virtual reality products, and other products and services provided by us (together with the App, the “Service”).
Please read this End User License Agreement carefully, as it is a legally binding contract between you and Altar regarding your access and use of the Service. BY CLICKING “I ACCEPT” OR DOWNLOADING, ACCESSING, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT, AS WELL AS THE ALTAR PRIVACY POLICY www.altarvirtual.com/eula (“PRIVACY POLICY”) AND ANY OTHER ADDITIONAL TERMS MADE AVAILABLE TO YOU ON OR THROUGH THE SERVICE (“ADDITIONAL TERMS”) (COLLECTIVELY, THE “EULA”).
1. ELIGIBILITY. By agreeing to this EULA, you represent and warrant that: (a) you are at least thirteen (13) years of age, and if you are a child between the age of thirteen (13) and eighteen (18) years old, that your parent or guardian has read and agreed to this EULA and to your use of the Service; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this EULA and you agree to be bound by this EULA on behalf of that entity. Altar may, in its sole discretion, refuse to offer the Service to any person or entity, and may change its eligibility criteria at any time.
2. APP TERMS. The terms of this Section 2 govern your access to and use of the App:
2.1 Altar Account. To access certain features of the App, you may be required to register an account with Altar. When you register for an account with Altar, you may be asked to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register for an account with Altar, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@altarvirtual.com. For more information regarding the information we collect, and how we use and share such information, please read our Privacy Policy [insert link]. If you would like us to delete your account or personal information, or if you would like more information about our privacy practices, please contact us at privacy@altarvirtual.com.
2.2 Third-Party Account. In order to use the App, you may be required to create a separate account by the third-party app store or distribution platform that is distributing or providing you access to the App, such as Valve Corporation, Apple, Inc., Google Play, or the Amazon Appstore (each, a “Distributor”). You are solely responsible for maintaining the security of any logins, passwords, or other credentials for your third-party account with any Distributor. Your use of any third-party account with a Distributor is subject to any terms, conditions, and policies of that Distributor.
2.3 License to the App. The App is licensed, not sold, to you for use only under the terms of this license. Subject to your compliance with the terms of this EULA, Altar hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, for your personal and non-commercial use, to access and use (i) one copy of the App and (ii) the Service, as required to use the App. You may not reproduce, distribute, publicly display, or publicly perform the App or any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (i) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App, or make or attempt to make any modification to or derivative work of the App; or (ii) interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism. You may not use the App or the Service for any purpose other than a purpose for which the App and the Service are expressly designed. The term “App” as used herein includes any update or modification to the App made available to you by us (unless provided with separate terms). If you are prohibited under applicable law from using the App or the Service, you may not use them.
2.4 Access to the App; Third Party Fees. Altar does not provide you with equipment to access and use the App. You are responsible for all fees charged by third parties to access and use the App, including any charges by device or headset manufacturers (“Manufacturers”), mobile network operators (“Carriers”), or Distributors. By accessing and using the App, you may be subject to separate third-party terms, conditions, and policies of any Distributor, Manufacturer, or Carrier. You are solely responsible for all such third-party terms and conditions, and Altar is not responsible for any act or omission of any Distributor, Manufacturer, or Carrier.
3. HEALTH AND SAFETY. This Section must be reviewed and understood prior to accessing and using the App, and failure to do so may result in bodily harm or property damage. In addition to this Section, please review any health and safety warnings issued by your Manufacturers. If you are a minor using the App as permitted under Section 0, then this Section must be read and explained to you by your parent or guardian. The health and safety precautions in this Section are not intended to be an exhaustive list, and use of the App may involve other health and/or safety risks not contained herein.
3.1 Minors. Minors using the App must be supervised by an adult at all times. Adults should monitor minors both during and after use of the App for any adverse health symptoms, as further described below.
3.2 Proper Position. The App involves moving in a virtual reality environment. You must start using the App in a seated position, and stand only if you feel comfortable to do so.
3.3 Health Warning. Using virtual reality headsets, playing virtual games, or accessing virtual reality experiences (including this App) could have adverse health effects for some users that may occur both during and after use of the App, including but not limited to: motion sickness, nausea, poor balance, weakened hand-eye coordination, decreased multi-tasking ability, loss of or impaired consciousness, eye strain, altered vision, skin irritations, muscle soreness or twitching, convulsions or seizure, involuntary movements, disorientation, and/or discomfort. You must stop using the App and consult a doctor if any of the foregoing symptoms or any other adverse symptoms occur during or after use of the App. Altar does not give medical advice. You must consult a doctor before using the App if you are pregnant or if you have, or your minor has, any pre-existing health condition that may be affected or worsened by using the App (including, but not limited to, epilepsy, insomnia, or amblyopia), or if you have any other concerns about the health impact of using the App.
3.4 Surrounding Area. As the App is an immersive virtual reality experience, you must take necessary precautions to ensure your own safety (as well as the safety of others) while you are using the App. While using the App, users may be moving around the surrounding area, including making hand gestures or other movements. Before accessing the App, you must ensure that the surrounding area is free of all potential hazards and maintain a reasonable distance from other individuals in the surrounding area. You may not use the App near objects, stairs, balconies, windows, walls, furniture, or other objects that may pose a danger or that could be damaged during or immediately after using the App. Due to the immersive nature of the App, sound volumes should be kept at low enough levels such that you are able to maintain awareness of your surroundings while using the App.
3.5 Other Prohibited Uses. Do not use the App when you are excessively tired, under the influence of alcohol or drugs, or suffering from any health issues (including those which may increase your susceptibility to adverse symptoms or reactions, including as described in Section 3.3). Do not drive, operate heavy machinery, or engage in other demanding or strenuous activity while using the App or shortly thereafter, or while you are experiencing any health-related symptoms or illness. Never handle sharp or dangerous objects while playing the App.
3.6 Disclaimer. ALTAR IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY BODILY HARM (INCLUDING, WITHOUT LIMITATION, DEATH, INJURY, SICKNESS, AND HEALTH COMPLICATIONS) OR ANY PROPERTY DAMAGE THAT MAY OCCUR DURING, AS A RESULT OF, OR IN CONNECTION WITH YOUR USE OF THE APP.
4. PERSONAL AND NON-COMMERCIAL USE. The Service is for your personal and non-commercial use, and unless expressly authorized herein, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the App and/or Service (including any Materials, as defined below), or other information, software, products, and/or services accessed through the App and/or Service.
5. OWNERSHIP. This EULA does not grant you ownership of any intellectual property rights in the App and/or Service or any content made available through the App and/or Service. The visual interfaces, video, audiovisual content, characters, sound effects, music, animation, images (including the image, name, and likeness of certain individuals), graphics, designs, lay out, compilations, information, data, code (including source code or object code), products, software, services, branding, logo, copyrightable materials, technology, and all other elements made available on or through the App and/or Service (“Materials”) are protected by intellectual property and other laws. As between you and Altar, all Materials are the property of Altar, its affiliates, licensors, and suppliers. Except as expressly authorized by Altar or the applicable owner, or otherwise permitted by law, you may not make use of the Materials or any other content accessed on or through the App and/or Service. As between you and Altar, Altar reserves all rights to the Materials not granted expressly in this EULA. If you provide Altar any feedback regarding the App and/or Service, you hereby assign to Altar all right and title to such feedback, without any additional compensation to you.
For the avoidance of doubt, this EULA does not grant you the right to use any branding, logos, trade dress, or trademarks (“Marks”) made available through the App and/or Service. All goodwill generated therefrom will inure to the exclusive benefit of Altar or the applicable third-party owner of the Mark(s).
Without limiting the foregoing, certain portions of the App and/or Service may include, display, or make available certain third-party content, data, information, or materials. Altar makes no representations or endorsements, nor are we liable for, any such third-party content, data, information, or materials.
6. USER CONTENT. Certain features of the Service may permit users to upload content to, and create content on, the Service, including virtual whiteboards, drawings, Bubbles, Relations, Semantic Frames, sketches, audio recordings, photos, images, PDF files, video, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
6.1 Limited License Grant to Altar. By providing User Content via the Service, you grant Altar a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
6.2 Limited License Grant to Other Users. By providing User Content via the Service to other users of the Service, including by sharing any User Content via a link or an invite on the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by this EULA and the functionality of the Service.
6.3 User Content Representations and Warranties. Altar disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Altar and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Altar, the Service, and this EULA;
(b) your User Content, and the use of your User Content as contemplated by this EULA, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Altar to violate any law or regulation; and
(c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
6.4 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Altar may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Altar with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to this EULA, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Altar does not permit copyright-infringing activities on the Service.
6.5 Monitoring Content. Altar does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Altar reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Altar chooses to monitor the content, Altar still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
7. USE GUIDELINES. You agree not to:
7.1 use the App and/or Service for any illegal purpose or in violation of any local, state, national, or international law;
7.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
7.3 interfere with security-related features of the App and/or Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the App/or Service except to the extent that the activity is expressly permitted by applicable law;
7.4 use, display, mirror or frame the App and/or Service or any individual element therein (including any Marks) or other proprietary information without express written consent;
7.5 interfere with the operation of the App and/or Service or any user’s enjoyment thereof, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the App and/or Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
7.6 attempt to do any of the acts described in this Section 7, or assist or permit any person in engaging in any of the acts described in this Section 7.
8. DMCA. Altar complies with the provisions of the Digital Millennium Copyright Act. If you have an intellectual property rights-related complaint about material posted on the App and/or Service, you may contact our designated agent at the following address:
Altar Virtual Technologies, Inc.
Attention: DMCA
130 El Camino Real
San Carlos, CA 94070
Email: DMCA@altarvirtual.com
Any notice alleging that materials hosted by or distributed through the App and/or Service infringe intellectual property rights must include the following information:
8.1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
8.2 a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
8.3 a description of the material that you claim is infringing and where it is located on the Service;
8.4 your address, telephone number, and email address;
8.5 a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
8.6 a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Altar will promptly terminate without notice the accounts of users that are determined by Altar to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity removed from the Service at least twice.
9. TERM AND TERMINATION. The EULA is effective until terminated by you or Altar. Your rights under the limited license granted herein will terminate automatically without notice if you fail to comply with any term of this EULA. In addition, Altar may suspend or terminate access to the App and/or Service at any time without notice. We also reserve the right to modify or discontinue the App and/or Service at any time (including by limiting or discontinuing certain features thereof) without notice to you. We will have no liability whatsoever with respect to any change to the App and/or Service or any suspension or termination thereof. You may terminate this EULA by notifying Altar via email mail and ceasing use of the Service (including the App). Sections 1 through 5, 9 through 13, and Sections 15 through 18 will survive termination of this EULA for any reason.
10. EULA MODIFICATION. We reserve the right, at our discretion, to change this EULA on a going-forward basis at any time. In the event that a change to this EULA materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change, such as a notification through a pop-up or banner within the App and/or Service, as applicable. Additionally, if the changed EULA materially modify your rights or obligations, we may require you to provide consent by accepting the changed EULA. If we require your acceptance of the changed EULA, changes are effective only after your acceptance. If you do not accept the changed EULA, you must cease use of the Service. All other changes are effective upon publication of the changed EULA. Disputes arising under this EULA will be resolved in accordance with the version of these EULA that was in effect at the time the dispute arose.
11. INDEMNITY. To the fullest extent permitted by law, you agree that you will be responsible for your use of the Service (including the App), and you agree to defend and indemnify Altar and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Altar Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service (including the App); (b) your violation of any portion of this EULA or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
12. DISCLAIMERS; NO WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP, THE SERVICE, AND MATERIALS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ALTAR ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE APP, THE SERVICE, AND MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ALTAR ENTITIES DO NOT WARRANT THAT THE APP, SERVICE, OR MATERIALS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE APP, THE SERVICE, AND MATERIALS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU USE THE APP, THE SERVICE, AND MATERIALS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY BODILY HARM, DAMAGE TO PROPERTY, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
13. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ALTAR ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APP, THE SERVICE, AND MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ALTAR ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ALTAR ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE APP, THE SERVICE, THE MATERIALS, OR OTHERWISE UNDER THIS EULA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
EACH PROVISION OF THIS EULA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS EULA BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS EULA. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. INTERNATIONAL USE. The Service is controlled and operated from within the United States. Altar makes no representation that the Service (including the App) is appropriate or available in locations outside the United States. Those who choose to access the Service (including the App) from other locations are responsible for compliance with applicable laws. All users must comply with all applicable law, and any software made available in connection with the Service and the transmission of applicable data, if any, is subject to United States and other applicable export controls.
15. GOVERNING LAW. This EULA is governed by the laws of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under this EULA, then you and Altar agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara, California for the purpose of litigating any dispute.
16. DISPUTE RESOLUTION AND ARBITRATION.
16.1 Generally. In the interest of resolving disputes between you and Altar in the most expedient and cost effective manner, you and Altar agree that every dispute arising in connection with this EULA will be resolved by confidential, binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND ALTAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16.2 Exceptions. Despite the provisions of Section 16.1, we both agree that nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
16.3 Arbitrator. Any arbitration between you and Altar will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Altar.
16.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). Altar’s address for Notice is: Altar Virtual Technologies, Inc., 1766 Sand Hill Road, Apartment 0304, Palo Alto, CA 94304. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Altar may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Altar must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Altar will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Altar in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
16.5 Fees. If you commence arbitration in accordance with this EULA, Altar will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Altar for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
16.6 No Class Actions. YOU AND ALTAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Altar agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
16.7 Modifications. If Altar makes any future change to this arbitration provision (other than a change to Altar’s address for Notice), you may reject the change by sending us written notice within thirty (30) days of the change to Altar’s address for Notice, in which case your account with Altar will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
16.8 Enforceability. If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to this EULA.
17. GENERAL. This EULA, together with the Privacy Policy and any Additional Terms, and any other agreements expressly incorporated by reference herein, are the entire and exclusive understanding and agreement between you and Altar regarding your use of the Service (including the App). Except as expressly permitted above, this EULA may be amended only by a written agreement signed by authorized representatives of all parties to this EULA. You may not assign or transfer this EULA or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this EULA at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this EULA, or any provision of this EULA, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and will not have any impact on the interpretation of any provision. If any part of this EULA is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18. OPEN SOURCE SOFTWARE. The App and/or Service may include open source software or third-party software. Any such software is made available to you under the terms of the applicable licenses.
19. CONTACT INFORMATION. Altar Virtual Technologies, Inc. is located at 1766 Sand Hill Road, Apartment 0304, Palo Alto, CA 94304. You may contact us by sending correspondence to that address or by emailing us at contact@altarvirtual.com.
20. OBTAINING A COPY OF THIS EULA. You may have this EULA mailed to you electronically by sending a letter to the address in Section 19 with your electronic mail address and a request for a copy of this EULA.
21. NOTICE TO CALIFORNIA RESIDENTS. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the App and/or Service or to receive further information regarding use thereof.
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ALTAR VIRTUAL TECHNOLOGIES, INC.
PRIVACY POLICY
Last Updated: June 27, 2017
Thank you for your interest in Altar Virtual Technologies, Inc. (“Altar”, “we,” “our” or “us”), Altar Show (the “App”), and any of our related mobile applications (including headset device applications), websites (including our website, altarvirtual.com), downloadable software, virtual reality products, and other products and services provided by us (together with the App, the “Service”).
This Privacy Policy (“Policy”), which is incorporated into and is subject to the Altar Virtual End User License Agreement (“EULA”), describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information.
Information We Collect on the Service:
• User-provided Information. We may collect information about you, including your name, email address, mailing address, mobile phone number, your date of birth, or preferences, and we may link this information with other information about you. You may provide us with information in various ways on the Service. For example, you may provide us with information when you register for an account with Altar, register an account with the third-party app store or distribution platform distributing or providing you access to the Service (such as Valve Corporation, Apple, Inc., Google Play, or the Amazon Appstore), use the Service, or send us customer service-related requests.
• Location. Some of the features of the Service may enable Altar to tailor your experience based on your location. In order to access such service, you will be asked to provide Altar with your location (such as upon registration), or you must otherwise allow Altar access to your localized position through your device, which Altar may accomplish through a variety of means, including GPS location, GeoIP, or other available mechanisms. Without limiting the foregoing, even if you have not expressly granted Altar access to location data, Altar may nonetheless have access to location information contained in media content meta data, to the extent you have enabled the application originating such media content to capture and store location data. By authorizing Altar to access your location or media files containing location based meta data, you agree and acknowledge that (i) location data we collect from you is directly relevant to your use of the Service and (ii) Altar may, for so long as you allow Altar to access such location data or meta data, provide location-based services related to your location. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APP OR A THIRD PARTY APPLICATION ORIGINATING A PIECE OF MEDIA CONTENT, AND ALTAR DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND THE LOCATION BASED SERVICES.
• Cookies and Automatically Collected Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential. We may use third party cookies on our Service as well.
We may also automatically record certain information from your device by using various types of technology, including “clear gifs" or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with other information about you.
• Third Party Web Beacons and Third Party Buttons. We may display third-party content on the Service, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Altar. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
• Information from Other Sources. We may obtain information from third parties and sources other than the Service, such as our partners and advertisers.
How We Use the Information We Collect. We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:
• We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
• We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality. Without limiting the foregoing, we may use the information we collect from you on the Service (including the User Content that you may upload on or create via the Service) to recommend additional content in innovative ways.
• We may use your email address or other information we collect to contact you for administrative purposes such as customer service or to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties.
• We may use cookies and automatically collected information to: (i) personalize our Service, such as remembering information about you so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.
When We Disclose Information. Except as described in this Policy, we will not disclose information about you that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
• Any information that you voluntarily choose to include in a publicly accessible area of the Service will be available to anyone who has access to that content, including other users.
• We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process information about you as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
• We may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
• We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
• Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
• We may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
Your Choices
You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your account information and preferences at any time by accessing your account preferences page on the Service. If you wish to access or amend any other personal information we hold about you, you may contact us at contact@altarvirtual.com. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email, or sending your request to opt-out by email at privacy@altarvirtual.com, or by writing to us at the address given at the end of this Policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.
Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
Third-Party Services
The Service may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
Children’s Privacy
The Service is not intended for children under the age of 13 and we do not knowingly collect information online from children under the age of 13. If Altar becomes aware that any person submitting information to the Service is under the age of 13, we will take steps to delete or anonymize any personal information and terminate the user account. If you become aware that your child or any child under your care has provided us with personal information without your consent, please contact us at the contact information listed at the end of this Policy.
Data Security
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
International Visitors
The Service is hosted in the United States. If you are visiting from the European Economic Area or other regions with laws governing data collection and use, please note that we may transfer your information to recipients in countries other than the country in which the information was originally collected, including the United States of America. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Policy. By providing your information and/or using the Service you consent to any transfer and processing in accordance with this Privacy Policy.
Changes and Updates to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.
Your California Privacy Rights
Residents of California have the right to request a disclosure describing what types of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding calendar year. You may request a copy of that disclosure by contacting us at contact@altarvirtual.com.
How to Contact Us
Please contact us with any questions or comments about this Policy, information we have collected or otherwise obtained about you, our use and disclosure practices, or your consent choices by email at contact@altarvirtual.com.
Altar Virtual Technologies, Inc.
130 El Camino Real
San Carlos, CA 94070