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TERMS OF USE
WELCOME TO THE NIGHT OF THE LIVING DEAD VIRTUAL REALITY EXPERIENCE APPLICATION AND/OR SITE (“SITE”). PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS SITE. Your Acceptance of Terms
By using this Site, you signify your agreement to be bound by all of these terms of use (“Terms of Use”). If you do not agree to these Terms of Use, do not use this Site. Please note that these Terms of Use may be revised from time to time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of this Site will signify your acceptance of any revisions. If you do not agree to the revisions, discontinue use of this Site. These Terms of Use were last updated on October 22, 2019.These Terms are in addition to, and do not replace or change, the Oculus Terms of Use that you have agreed to by accessing this Site.
Privacy Policy
As your privacy is important to us, we have adopted a Privacy Policy that explains and governs the manner in which information may be collected and used at or in connection with this Site. We urge you to read the Privacy Policy. The Privacy Policy forms a part of these Terms of Use. By accepting these Terms of Use, you shall also be deemed to have accepted the terms of the Privacy Policy.
Data Charges.
When using this Site, you may be charged by your network/data provider for data services or any other third party charges as may arise while using this Site and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
Health and Safety Warnings and Risks
Before using this Site, you should be aware of certain health and safety warnings and risks associated with virtual reality experiences and certain precautions you should take that may minimize such risks. You should always be aware of your surroundings and keep the volume on your devices low enough so that you are able to hear others around you. If you cannot hear others around you, the volume is too high and may damage your hearing.
Virtual reality experiences may cause motion sickness, dizziness, balance problems or disorientation, vision problems such as double or blurred vision or other eye problems, an increase in sweating or salivation, nausea or headaches, seizures or blackouts (symptoms of seizures or blackouts include involuntary muscle movements, including twitching or jerking of limbs, loss of balance and loss of awareness of your surroundings). If you experience any of these things, immediately stop using this Site.
People who are under the age of 13 years old, pregnant, suffer from blackouts or seizures or who have pacemakers and other implanted medical devices should not use this Site unless they have clearance from their medical doctor.
Without limiting the generality of anything set forth herein, including in the Disclaimer of Warranties and Limitation of Liability sections, by using this Site, you assume all risks participating in any and all virtual reality activities and hereby release HOLLYWOOD SUITE INC., its affiliates, subsidiaries, licensors, suppliers and/or hosts and each of their respective related and affiliated entities, directors, officers, employees and agents from and against any liability or losses related thereto.
Trade-marks and Copyright
This Site and any content and materials included in or on this Site, including, without limitation, text, graphics, photographs, images, artwork, illustrations, animations, music, video, audio, audiovisual works, designs, logos, software (collectively, “Materials”), as well as the selection, coordination, arrangement and enhancement of such content on this Site, are protected by copyrights, patents, trade secrets or other proprietary rights owned by HOLLYWOOD SUITE INC. and/or its affiliates, subsidiaries, licensors and/or suppliers (“Copyrights”). Some of the characters, logos, names or other images incorporated in or on this Site are also protected as registered or unregistered trade-marks, trade names and/or service marks owned by HOLLYWOOD SUITE INC. and/or its affiliates, subsidiaries, licensors and/or suppliers (“Trade-marks”). The use or misuse of any of the Materials is strictly prohibited. HOLLYWOOD SUITE INC. and/or its affiliates, subsidiaries, licensors and/or suppliers, as the case may be, retain exclusive ownership of all data, material and other information within, and regarding your use of, this Site.
Your Use of Material
Your right to make use of this Site and any Materials or other content appearing on this Site is subject to your compliance with these Terms of Use. Modification or use of the Materials or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and may be prohibited by law.
You may access and display Materials and all other content displayed on this Site for non-commercial, personal, entertainment use only. The Materials and all other content on this Site may not otherwise be copied, reproduced, framed, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by HOLLYWOOD SUITE INC. Any authorization to copy any Material granted by HOLLYWOOD SUITE INC. in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use only, and is subject to your keeping intact and un-amended all copyright and other proprietary notices. Using any Material on any other web site, app or other networked environment is prohibited unless specifically authorized by HOLLYWOOD SUITE INC. Also, to the extent permitted by applicable law, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Unauthorized Use and Termination
You agree to use this Site only for authorized and legal activities. HOLLYWOOD SUITE INC. reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, and for any reason whatsoever.
Links to Third-Party Web Sites and Apps
This Site is accessed through a web site or app operated by one or more third parties, that are not controlled by HOLLYWOOD SUITE INC. HOLLYWOOD SUITE INC. makes no endorsements, warranties or representations whatsoever regarding, nor does HOLLYWOOD SUITE INC. assume any responsibility whatsoever in respect of, such third-party web sites or apps or the content contained therein.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT THIS SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HOLLYWOOD SUITE INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. HOLLYWOOD SUITE INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOLLYWOOD SUITE INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE ON THIS SITE OR ANY WEB SITES OR APPS LINKED TO THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. HOLLYWOOD SUITE INC. MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT IN THIS SITE OR ANY OTHER WEB SITE OR APP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND HOLLYWOOD SUITE INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON THIS SITE OR ANY OTHER WEB SITE OR APP. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
HOLLYWOOD SUITE INC., INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONSULTANTS AND CONTRACTORS (“HSI GROUP”), SHALL NOT BE LIABLE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR ANY LOSSES OR DAMAGES OR INJURIES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY USE OF, OR INABILITY TO USE, THIS SITE OR ANY OTHER WEB SITE OR APP, OR THE MATERIAL, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON THIS SITE OR ANY OTHER WEB SITE OR APP, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE HSI GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR INJURY. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless the HSI GROUP from and against any and all losses, liabilities, claims, damages, costs and expenses, including reasonable legal fees, that arise from your use or misuse of this Site or the content therein, including, without limitation, your violation of the Terms of Use herein. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with us in asserting any available defences.
Jurisdictional Issues
This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the applicable courts sitting in the Province of Ontario or the Federal Court of Canada, and you further agree and submit to the exclusive jurisdiction of such courts for the purpose of litigating any such claim or action.
Integration and Severability
These Terms of Use and our Privacy Policy constitute the entire agreement between HOLLYWOOD SUITE INC. and you with respect to this Site. If any provision of these Terms of Use shall be unlawful, void, or for any reason invalid or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity or enforceability of all other remaining provisions, all of which shall remain in full force and effect.
WELCOME TO THE NIGHT OF THE LIVING DEAD VIRTUAL REALITY EXPERIENCE APPLICATION AND/OR SITE (“SITE”). PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS SITE. Your Acceptance of Terms
By using this Site, you signify your agreement to be bound by all of these terms of use (“Terms of Use”). If you do not agree to these Terms of Use, do not use this Site. Please note that these Terms of Use may be revised from time to time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of this Site will signify your acceptance of any revisions. If you do not agree to the revisions, discontinue use of this Site. These Terms of Use were last updated on October 22, 2019.These Terms are in addition to, and do not replace or change, the Oculus Terms of Use that you have agreed to by accessing this Site.
Privacy Policy
As your privacy is important to us, we have adopted a Privacy Policy that explains and governs the manner in which information may be collected and used at or in connection with this Site. We urge you to read the Privacy Policy. The Privacy Policy forms a part of these Terms of Use. By accepting these Terms of Use, you shall also be deemed to have accepted the terms of the Privacy Policy.
Data Charges.
When using this Site, you may be charged by your network/data provider for data services or any other third party charges as may arise while using this Site and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
Health and Safety Warnings and Risks
Before using this Site, you should be aware of certain health and safety warnings and risks associated with virtual reality experiences and certain precautions you should take that may minimize such risks. You should always be aware of your surroundings and keep the volume on your devices low enough so that you are able to hear others around you. If you cannot hear others around you, the volume is too high and may damage your hearing.
Virtual reality experiences may cause motion sickness, dizziness, balance problems or disorientation, vision problems such as double or blurred vision or other eye problems, an increase in sweating or salivation, nausea or headaches, seizures or blackouts (symptoms of seizures or blackouts include involuntary muscle movements, including twitching or jerking of limbs, loss of balance and loss of awareness of your surroundings). If you experience any of these things, immediately stop using this Site.
People who are under the age of 13 years old, pregnant, suffer from blackouts or seizures or who have pacemakers and other implanted medical devices should not use this Site unless they have clearance from their medical doctor.
Without limiting the generality of anything set forth herein, including in the Disclaimer of Warranties and Limitation of Liability sections, by using this Site, you assume all risks participating in any and all virtual reality activities and hereby release HOLLYWOOD SUITE INC., its affiliates, subsidiaries, licensors, suppliers and/or hosts and each of their respective related and affiliated entities, directors, officers, employees and agents from and against any liability or losses related thereto.
Trade-marks and Copyright
This Site and any content and materials included in or on this Site, including, without limitation, text, graphics, photographs, images, artwork, illustrations, animations, music, video, audio, audiovisual works, designs, logos, software (collectively, “Materials”), as well as the selection, coordination, arrangement and enhancement of such content on this Site, are protected by copyrights, patents, trade secrets or other proprietary rights owned by HOLLYWOOD SUITE INC. and/or its affiliates, subsidiaries, licensors and/or suppliers (“Copyrights”). Some of the characters, logos, names or other images incorporated in or on this Site are also protected as registered or unregistered trade-marks, trade names and/or service marks owned by HOLLYWOOD SUITE INC. and/or its affiliates, subsidiaries, licensors and/or suppliers (“Trade-marks”). The use or misuse of any of the Materials is strictly prohibited. HOLLYWOOD SUITE INC. and/or its affiliates, subsidiaries, licensors and/or suppliers, as the case may be, retain exclusive ownership of all data, material and other information within, and regarding your use of, this Site.
Your Use of Material
Your right to make use of this Site and any Materials or other content appearing on this Site is subject to your compliance with these Terms of Use. Modification or use of the Materials or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and may be prohibited by law.
You may access and display Materials and all other content displayed on this Site for non-commercial, personal, entertainment use only. The Materials and all other content on this Site may not otherwise be copied, reproduced, framed, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by HOLLYWOOD SUITE INC. Any authorization to copy any Material granted by HOLLYWOOD SUITE INC. in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use only, and is subject to your keeping intact and un-amended all copyright and other proprietary notices. Using any Material on any other web site, app or other networked environment is prohibited unless specifically authorized by HOLLYWOOD SUITE INC. Also, to the extent permitted by applicable law, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Unauthorized Use and Termination
You agree to use this Site only for authorized and legal activities. HOLLYWOOD SUITE INC. reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, and for any reason whatsoever.
Links to Third-Party Web Sites and Apps
This Site is accessed through a web site or app operated by one or more third parties, that are not controlled by HOLLYWOOD SUITE INC. HOLLYWOOD SUITE INC. makes no endorsements, warranties or representations whatsoever regarding, nor does HOLLYWOOD SUITE INC. assume any responsibility whatsoever in respect of, such third-party web sites or apps or the content contained therein.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT THIS SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HOLLYWOOD SUITE INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. HOLLYWOOD SUITE INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOLLYWOOD SUITE INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE ON THIS SITE OR ANY WEB SITES OR APPS LINKED TO THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. HOLLYWOOD SUITE INC. MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT IN THIS SITE OR ANY OTHER WEB SITE OR APP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND HOLLYWOOD SUITE INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON THIS SITE OR ANY OTHER WEB SITE OR APP. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
HOLLYWOOD SUITE INC., INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONSULTANTS AND CONTRACTORS (“HSI GROUP”), SHALL NOT BE LIABLE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR ANY LOSSES OR DAMAGES OR INJURIES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY USE OF, OR INABILITY TO USE, THIS SITE OR ANY OTHER WEB SITE OR APP, OR THE MATERIAL, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON THIS SITE OR ANY OTHER WEB SITE OR APP, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE HSI GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR INJURY. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless the HSI GROUP from and against any and all losses, liabilities, claims, damages, costs and expenses, including reasonable legal fees, that arise from your use or misuse of this Site or the content therein, including, without limitation, your violation of the Terms of Use herein. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with us in asserting any available defences.
Jurisdictional Issues
This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the applicable courts sitting in the Province of Ontario or the Federal Court of Canada, and you further agree and submit to the exclusive jurisdiction of such courts for the purpose of litigating any such claim or action.
Integration and Severability
These Terms of Use and our Privacy Policy constitute the entire agreement between HOLLYWOOD SUITE INC. and you with respect to this Site. If any provision of these Terms of Use shall be unlawful, void, or for any reason invalid or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity or enforceability of all other remaining provisions, all of which shall remain in full force and effect.