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# Terms of Service and Privacy Policy
Last Updated On: February 14, 2024
## Introduction
Immersive Manga ("Immersive Manga", "we", "us", or "our") is a user-generated creative content platform that offers an immersive virtual reality experience (the "Services").
These Terms of Service, including our Privacy Policy (together, the "Terms"), are designed to define the rules and guidelines under which you ("you", "your", or "User") access and use our services and our provision of the Services to you. By accessing or using any Immersive Manga Services, you are telling us that you have read, understood, and agree to these Terms. You must not, and do not have our permission to, access or use any part of the Services if you do not agree with these Terms. Please be aware that engaging with our VR content necessitates compatible VR hardware and an understanding of VR technology's specific requirements and inherent risks.
IMPORTANT: By agreeing to these Terms, you accept that any disputes between you and Immersive Manga relating to the Services will be resolved through binding, individual arbitration, rather than in court. This means you waive your right to sue or be sued by us in court for such disputes, with the exception of matters that may be taken to small claims court. Disputes will be resolved by a neutral arbitrator instead of a judge or jury, and you will not have the right to participate in a class action lawsuit. For a detailed understanding of our arbitration agreement, please carefully review the **Dispute Resolution and Arbitration** section.
## Eligibility
To access or use the Services, you must be at least 13 years old. By agreeing to these Terms, you represent that you meet this age requirement.
Users under the age of majority should engage with our Services under parental or guardian supervision, who can aid in navigating our Services. We strongly advise all users, especially those under the age of legal majority, to be informed about online safety and privacy. It is important for users and their supervising adults to be aware of the risks associated with online activities and to communicate openly about safe and responsible use of online and digital services.
If you do not meet the above age requirement, you are not allowed to access or use the Services. We reserve the right to terminate your access to the Services, delete any content or information you have provided, and prohibit further use of our Services if we determine that you do not comply with these eligibility requirements.
## Your Account
If you want to use the Services, you will have to create an account with the relevant platform (e.g. Oculus/Meta Account, etc.), as applicable. Each Account is subject to the relevant third party's terms and conditions and you agree to abide by those terms while using the Services. Additionally, you are required to create an Immersive Manga account (collectively, "Accounts" and each an "Account"). You are responsible for the security of your Accounts and Account credentials, and thus are responsible for all activities that occur under any Account associated with you. When you use the Services, certain information associated with your Account may automatically be transmitted to our server without any action on your part. You are entirely responsible for your Account. We will not be liable for any actions, inactions, or loss incurred as a result of someone else's authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Immersive Manga or third parties due to someone else's use of your Account. You promise that all the information you provide is accurate and that you will update this information as necessary to keep it accurate. If you suspect unauthorized access of your Immersive Manga Account, you can contact us at hello@uvimby.com.
You are not permitted to license, sell, or otherwise transfer your Account.
## Health and Safety Precautions
Please review the following health and safety precautions before using the Services. If the Services will be used by children, this information should be read and explained to them by an adult. Not reviewing these health and safety precautions may result in damage to property, injury, or death. The precautions listed here are not exhaustive, and using the Services may involve other health and/or safety risks not detailed in this document. Immersive Manga is not liable for any damage to property, injury, or death that may occur as a result of failing to review these precautions or as a result of interactions with people or objects in or around your seated play area during your use of the Services.
**Children**
Adults should monitor children who use or have used the Services for any symptoms described below and should regulate the time children spend using the Services to ensure they take breaks during use. Prolonged use should be avoided, as it could negatively affect hand-eye coordination, balance, and multitasking abilities. Adults should also closely monitor children during and after use of the Services for any decrease in these abilities.
**Epileptic Seizure Warning**
Certain individuals may be susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even without a prior epilepsy diagnosis. Watching certain screen images, including virtual reality experiences like the Services, may induce a seizure. If you or anyone in your family has had symptoms related to epilepsy (especially seizures or loss of consciousness) when exposed to flashing lights, consult your doctor before using the Services. Parents and guardians should supervise children's use of the Services. Stop using the Services and consult a doctor if you or your child experiences convulsions, eye or muscle twitching, loss of awareness, altered vision, involuntary movements, or disorientation.
Immersive Manga is not liable for any death, injury, or health complications resulting from epileptic symptoms or conditions which may occur during or as a result of using the Services. To reduce the risk of a seizure or epileptic symptoms, do not use the Services when tired or in need of sleep, and take a 10 to 15-minute break every 30 minutes.
**Motion Sickness**
Virtual reality experiences, including the Services, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when using the Services, stop and rest. Do not drive or engage in other demanding activities until feeling better. To limit the risk of motion sickness, do not use the Services when tired, sleep-deprived, under the influence of alcohol or drugs, experiencing digestive problems, under emotional stress or anxiety, or suffering from health issues that may increase susceptibility to adverse symptoms.
**Repetitive Motion Injuries and Eyestrain**
Using the Services can cause muscle, joint, skin, or eye discomfort. To avoid issues like tendinitis, carpal tunnel syndrome, skin irritation, or eyestrain:
- Limit play time and ensure children do the same;
- Take a 10 to 15-minute break every 30 minutes;
- Stop and rest if experiencing discomfort in hands, wrists, arms, eyes, or any body part, and
- Consult a doctor if discomfort continues.
**Play Area Precautions**
Even though the Services are designed for seated use, ensure your play area is safe. Be aware of your surroundings to prevent interactions that could lead to injury or damage. Maintain a clear area free from objects that could pose a risk. Keep sound volumes at levels that allow awareness of your surroundings to prevent hearing damage and ensure you're not distracted to the point of being unaware of real-world hazards. Do not use the Services if your awareness is impaired by lack of sleep, drugs, alcohol, or illness.
## Ownership of the Services
Immersive Manga owns and operates the Services. All of the software, visual interfaces, graphics, designs, information, compilation of content, and all other elements of the Services (the "Materials") that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service and you cannot use the Materials except as you are specifically permitted under these terms.
## Limited License for Personal and Non-Commercial Use
Except as otherwise specifically authorized by these Terms, Immersive Manga grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal and non-commercial use only, subject to your continued compliance with these Terms. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, and/or services obtained from the Services. All rights not expressly granted to you in these Terms are reserved by Immersive Manga.
## User Content
For the purposes of these Terms: (i) "Content" encompasses all forms of original works and materials shared, uploaded, or otherwise made available through the Services. This includes, but is not limited to, virtual drawings, digital artwork, and any contributions such as feedback or suggestions about the Services. Content also comprises User Content as it relates to interactions with other users; and (ii) "User Content" specifically refers to any Content that you personally create, share, modify, or make available via the Services.
Users of the Services may be permitted to create, share, or otherwise make available content through the Services. Users may also extract all or any portion of User Content created by another user to produce additional User Content, including User Content that combines, intersperses, and remixes User Content generated by more than one user. Such activities are supported by the licenses granted herein, enabling the remixing, sharing, and collaborative creation within the platform. Immersive Manga is not obligated to compensate you for your User Content. The information and materials in the User Content have not been verified or approved by us, and the views expressed by users do not represent our views or values.
By contributing User Content, you affirm that your contributions adhere to our content creation and community guidelines, accepting responsibility and agreeing to compensate us for any legal claims arising from your failure to do so. This means you are accountable for any financial losses or legal consequences we encounter due to your content not meeting these standards.
User Content will be considered non-confidential and non-proprietary. You must not submit any User Content that you consider to be confidential or proprietary. By making User Content available through the Services, you represent that you own that User Content or have obtained all necessary permissions from, or are authorized by, the owner of any part of the content to submit it to the Services.
Copyright in User Content remains with you or the owner of the User Content. However, by submitting User Content via the Services, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, create derivative works from, publish, transmit, distribute, and to authorize other users and third parties to access, use, download, modify, adapt, reproduce, and create derivative works from your User Content in any format and within the Services, either now known or later developed. You further grant us a royalty-free license to use your user name and profile to identify you as the source of your User Content.
**Waiver of Rights to User Content**
By posting User Content, you waive any rights to prior inspection or approval of any use of you User Content in marketing, promotions, or in any public context. You also waive any rights of privacy, publicity, or similar nature in connection with your User Content, with the understanding that VR content may be used in ways that promote the immersive nature of the platform. To the extent any moral rights are not transferable or assignable, you waive and agree never to assert any such rights you may have in your User Content.
We reserve the right to disclose your identity to any third party claiming that any User Content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy. We or authorized third parties have the right to edit, refuse to publish, or remove any User Content at our discretion. We may remove User Content that does not comply with our content standards or for any other reason, without notice or liability to you. Immersive Manga commits to handling your content with respect and privacy considerations in mind.
We take measures to remove infringing material from the Services and, at our discretion, disable or terminate accounts of users who infringe the intellectual property rights of others. Some User Content may not be completely removable, and residual copies of your User Content may continue to exist within the Services. Immersive Manga is not responsible for the removal or deletion, or the failure thereof, of any of your User Content.
Our team values the feedback and ideas from our user community, which guide our innovation and service enhancements. If you offer feedback or suggestions, know that we're not obligated to act on or acknowledge every submission, which we'll treat as non-confidential. By sharing your ideas, you permit us unrestricted use, allowing us to freely implement, modify, and share your suggestions across our services and in future developments without any obligation to you.
**Storage Policy**
At this time, we provide free online storage of User Content to registered Users of the Services. However, you acknowledge and agree that we may establish limits concerning your use of the Services, including, without limitation, the quantity and size of User Content stored on our servers and the duration User Content is stored on our servers, and may charge you fees for exceeding those limits. Furthermore, you acknowledge that we reserve the right, in our sole discretion, to terminate or suspend accounts that are inactive for an extended period of time (thus deleting or suspending access to User Content). We have no responsibility or liability for the deletion or failure to store any User Content maintained on the Services. You further acknowledge that we reserve the right to modify our storage policies from time to time, with or without notice to you.
## Copyright Infringement Notification Process
At Immersive Manga, we respect the intellectual property rights of others and ask our users to do the same. Our policy is to respond to notices of alleged copyright infringement that comply with applicable international copyright laws, including the Digital Millennium Copyright Act (DMCA) in the United States and the Copyright Act in Canada.
If you believe your copyrighted work has been reproduced on our service in a way that constitutes copyright infringement, or if your copyright is subject to international protection that you believe has been infringed, please provide us with the following information:
1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material you claim is infringing is located on the Services.
4. Your contact information, including your address, telephone number, and email.
5. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Notices should be sent to hello@uvimby.com.
For users in the United States, we follow the DMCA's procedures for addressing claims of copyright infringement, including the removal of allegedly infringing content and the handling of counter-notifications. Users affected by content removal will be notified and given the opportunity to respond.
For users in Canada and other jurisdictions, we will handle reports of copyright infringement in accordance with local laws, ensuring that we respect the rights of copyright owners while also considering the rights of our users.
## Termination
If you breach any of these Terms, your permission to use the Service will terminate automatically.
Additionally, we may terminate your account on the Services or suspend or terminate your access to the Services at any time, with or without notice, without liability to you. You can terminate your account on the Services by contacting us at hello@uvimby.com.
## Privacy Policy and Additional Requirements
We are committed to safeguarding your privacy and transparency in our data practices. This section outlines our Privacy Policy, detailing the information we collect from you and how we use it. Additionally, we may introduce additional requirements, such as community guidelines, which you must adhere to when using the Services (the "Additional Policies"). Any Additional Policies posted on or linked to the Services become part of our agreement outlined in these Terms.
**Information We Collect**
We collect various types of information from you when you interact with our Services. This includes:
- Directly Provided Data: This refers to the information you directly provide to us. For example, when you register for an account, we collect your email address, username, and password. Additionally, if you contact our support team, we may collect your email address along with any other information you choose to disclose to us.
- Automatically Collected Data: This category involves information collected automatically as you use our Services. For instance, we may associate your username with user activity within the platform, such as content creation or interacting with content, including creating reports. Additionally, we may collect device information, logs, or other data generated by your interaction with the Services without requiring direct input from you.
**How We Use Your Information**
We use the information we collect from you for the following purposes:
- For Service Delivery: We utilize your information to provide and improve our Services. This includes customizing your experience on the platform, managing your account, and enhancing the overall functionality and performance of the platform.
- Communication: We may use your information to communicate with you, including responding to inquiries or providing support related to your use of the Services.
**How We Share Your Information**
While we prioritize safeguarding your information, there may be certain circumstances under which we may need to share your information:
- With Your Consent: We may share your information if you have provided explicit consent for such sharing.
- For Legal Reasons: We may disclose your information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- Business Transfers: In the event of a merger, acquisition, or sale of assets, user information may be transferred or disclosed as part of the transaction. In such cases, we will ensure appropriate measures are taken to protect your privacy rights.
- With Service Providers: We may engage third-party service providers to assist us in delivering our Services or performing related tasks. These service providers are contractually obligated to use your information only for the purposes specified by us and in compliance with this Privacy Policy.
**Protecting Your Data**
At Immersive Manga, we are committed to ensuring the security of your information. We employ various security measures to safeguard your data, including:
- Secure Authentication: All interactions with our platform require authentication, ensuring that only authorized users can access and manipulate data.
- Encryption: We employ encryption protocols to protect data transmission and storage, minimizing the risk of unauthorized access or interception.
- Regular Security Audits: We conduct regular security audits and assessments to identify and address any vulnerabilities in our systems, ensuring the ongoing protection of your data.
- We encourage users to adopt secure practices, such as choosing strong passwords and being cautious about sharing sensitive information online.
**User Rights and Choices**
As a user of our Services, you have certain rights regarding your data:
- Access and Correction: You have the right to access and correct any inaccuracies in your personal data held by us. To do so, please contact us at hello@uvimby.com. We will make our best effort to fulfill your request within a reasonable timeframe.
- Data Deletion: You have the right to request the deletion of your personal data from our systems. Please note that due to the nature of our Services, certain data may be necessary for the operation of the platform, and we may not be able to fulfill requests to delete data that is essential for providing the Services. However, we will make our best effort to accommodate your request within a reasonable timeframe.
- Opt-Out of Data Collection: While some data collection may be necessary for the operation of our Services, you may have the option to opt out of certain data collection methods or uses. Please contact us at hello@uvimby.com to discuss your preferences.
**Data Retention**
We retain user data for as long as it is necessary for the operation of our Services and as required by applicable law. This includes data necessary for account management, service delivery, and legal compliance.
- Storage Duration: User data is stored for the duration of your use of our Services and may continue to be retained after the termination of your account. We retain certain data to comply with legal obligations, resolve disputes, and enforce our agreements.
- Data Deletion Procedures: Users can request the deletion of their data by contacting us at hello@uvimby.com. We will make our best effort to accommodate deletion requests within a reasonable timeframe. Please note that some data, particularly user-generated content, may not be completely deleted due to the nature of the Services. However, we will take steps to disable future access to such data.
**International Data Transfers**
Our business operations, including the storage and processing of user data, may involve international transfers to locations outside of your country of residence, including Canada and the United States, to support the operation of our Services.
- Location of Data Processing: User data may be stored and processed in the United States or other jurisdictions where our service providers maintain facilities. These service providers are contractually obligated to comply with applicable data protection laws and regulations.
- Data Protection Measures: We take measures to ensure that your data is adequately protected during international transfers. This includes utilizing encryption protocols, implementing access controls, and adhering to industry best practices for data security.
**Children's Privacy**
- Intended Audience: Our platform is not intended for use by children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If you are under 13 years of age, please do not use our Services or provide any personal information to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete such information from our records.
- Data Protection for Minors: We recognize the importance of protecting the privacy and safety of minors online. While our platform is not directed at children under 13, if we become aware that a user is under the age of 13 and has provided personal information without verifiable parental consent, we will take steps to remove such information from our systems.
## Changes to the Terms and Services
Immersive Manga reserves the right to modify the Terms at any time, at our sole discretion. If changes are made, we will notify you by revising the Terms within the VR app, accessible both at the time of registration and within your user profile, and/or through other forms of communication. It is your responsibility to review the modified Terms. By continuing to use the Services after modified Terms are posted, you are agreeing to be bound by them. If you do not agree to the modified Terms, you may not use the Services anymore.
We are committed to constantly evolving and improving our Services. Therefore, we may change or discontinue all or any aspect of the Services at any time and without notice, at our sole discretion.
## Warranty Disclaimers
The Services and Content are provided "as is," without warranty of any kind. We explicitly disclaim any warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Additionally, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
## Indemnity
You will indemnify and hold harmless Immersive Manga and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
## Limitation of Liability
Neither Immersive Manga nor any other party involved in creating, producing, or deliverying the Services or Content will be liable for any personal injury, incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of, or inability to use, the Services or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, nd whether or not Immersive Manga has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event will Immersive Manga's total liability arising out of or in connection with these terms or from the use of or inability to use the Services or Content exceed the lesser of (a) the amounts you have paid to Immersive Manga for use of the Services or Content, or (b) one hundred dollars ($100). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Immersive Manga and you.
## General
These Terms, along with the Privacy Policy and the Additional Policies that are incorporated into these Terms, are the entire agreement between you and us regarding your use of the Services. Except for our right to update these Terms under the section **Changes to the Terms and Services**, these Terms can only be amended by a written agreement signed by both you and us. You are not allowed to assign or transfer these Terms, or transfer your Account on the Services, to any other person or company without our consent, including any transfer than you want to make in connection with a corporate acquisition. We may assign these Terms with or without notice to you. Any delay or failure to enforce any rights under, or require your compliance with, these Terms will not affect our right to enfore the rights or require your compliance at a later time. If we waive any breach by you of these Terms, we will not be waiving any subsequent breach or your obligation to comply with any Terms that you breached. We've included paragraph and section headings for ease of reference, but these headings do not affect the interpretation of these Terms. In the event that any part of these Terms is determined by a judge or arbitrator to be unenforceable, the unenforceable part will be given effect as much as possible and the remaining parts will remain in full force and effect. When these Terms are terminated, any provision that by its nature should survive (or that specifically states that it will survive) will survive the termination.
## Dispute Resolution and Arbitration
You and Immersive Manga mutually agree that any dispute, claim, or controversy arising out of or relating to your use of the Services, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes") will be resolved through binding arbitration, on an individual basis, except as otherwise provided in this Agreement. This Agreement to Arbitrate includes disputes arising out of or relating to interpretation or application of this Agreement, including the enforceability, revocability, or validity of the Agreement itself.
**Exceptions to Arbitrate**
Notwithstanding the provision above, you and Immersive Manga both agree that nothing herein will waive, preclude, or limit either of our rights to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, provincial, or local agencies where available; (c) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (d) file suit in a court of law to address intellectual property infringement claims.
**Arbitration Rules and Governing Law**
The arbitration will be administered by the Canadian Arbitration Association ("CAA") in accordance with the CAA's Arbitration Rules for consumer-related disputes, to the extent applicable, except as modified by this Agreement. The arbitration will be conducted in English, and the location will be in Toronto, Ontario, Canada unless agreed otherwise.
The laws of Canada and Ontario, excluding its conflict of laws rules, will govern this Agreement and your use of the Services.
**Arbitrator's Powers**
The arbitrator shall have exclusive authority to resolve all Disputes. They shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
**Fees**
Your responsibility to pay any CAA filing, administrative, and arbitrator fees will be solely as set forth in the CAA Rules.
**Severability**
If any part of this Agreement is found unenforceable, the unenforceable part will be severed, and the remaining arbitration terms will be enforced.
## Consent to Electronic Communications
You consent to receive electronic communications from us as described in our Privacy Policy. We may send you any notices, agreements, disclosures, or other communications to you electronically.
## Contact Information
For any inquiries or concerns regarding these Terms or the Services, please contact us at hello@uvimby.com.
Last Updated On: February 14, 2024
## Introduction
Immersive Manga ("Immersive Manga", "we", "us", or "our") is a user-generated creative content platform that offers an immersive virtual reality experience (the "Services").
These Terms of Service, including our Privacy Policy (together, the "Terms"), are designed to define the rules and guidelines under which you ("you", "your", or "User") access and use our services and our provision of the Services to you. By accessing or using any Immersive Manga Services, you are telling us that you have read, understood, and agree to these Terms. You must not, and do not have our permission to, access or use any part of the Services if you do not agree with these Terms. Please be aware that engaging with our VR content necessitates compatible VR hardware and an understanding of VR technology's specific requirements and inherent risks.
IMPORTANT: By agreeing to these Terms, you accept that any disputes between you and Immersive Manga relating to the Services will be resolved through binding, individual arbitration, rather than in court. This means you waive your right to sue or be sued by us in court for such disputes, with the exception of matters that may be taken to small claims court. Disputes will be resolved by a neutral arbitrator instead of a judge or jury, and you will not have the right to participate in a class action lawsuit. For a detailed understanding of our arbitration agreement, please carefully review the **Dispute Resolution and Arbitration** section.
## Eligibility
To access or use the Services, you must be at least 13 years old. By agreeing to these Terms, you represent that you meet this age requirement.
Users under the age of majority should engage with our Services under parental or guardian supervision, who can aid in navigating our Services. We strongly advise all users, especially those under the age of legal majority, to be informed about online safety and privacy. It is important for users and their supervising adults to be aware of the risks associated with online activities and to communicate openly about safe and responsible use of online and digital services.
If you do not meet the above age requirement, you are not allowed to access or use the Services. We reserve the right to terminate your access to the Services, delete any content or information you have provided, and prohibit further use of our Services if we determine that you do not comply with these eligibility requirements.
## Your Account
If you want to use the Services, you will have to create an account with the relevant platform (e.g. Oculus/Meta Account, etc.), as applicable. Each Account is subject to the relevant third party's terms and conditions and you agree to abide by those terms while using the Services. Additionally, you are required to create an Immersive Manga account (collectively, "Accounts" and each an "Account"). You are responsible for the security of your Accounts and Account credentials, and thus are responsible for all activities that occur under any Account associated with you. When you use the Services, certain information associated with your Account may automatically be transmitted to our server without any action on your part. You are entirely responsible for your Account. We will not be liable for any actions, inactions, or loss incurred as a result of someone else's authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Immersive Manga or third parties due to someone else's use of your Account. You promise that all the information you provide is accurate and that you will update this information as necessary to keep it accurate. If you suspect unauthorized access of your Immersive Manga Account, you can contact us at hello@uvimby.com.
You are not permitted to license, sell, or otherwise transfer your Account.
## Health and Safety Precautions
Please review the following health and safety precautions before using the Services. If the Services will be used by children, this information should be read and explained to them by an adult. Not reviewing these health and safety precautions may result in damage to property, injury, or death. The precautions listed here are not exhaustive, and using the Services may involve other health and/or safety risks not detailed in this document. Immersive Manga is not liable for any damage to property, injury, or death that may occur as a result of failing to review these precautions or as a result of interactions with people or objects in or around your seated play area during your use of the Services.
**Children**
Adults should monitor children who use or have used the Services for any symptoms described below and should regulate the time children spend using the Services to ensure they take breaks during use. Prolonged use should be avoided, as it could negatively affect hand-eye coordination, balance, and multitasking abilities. Adults should also closely monitor children during and after use of the Services for any decrease in these abilities.
**Epileptic Seizure Warning**
Certain individuals may be susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even without a prior epilepsy diagnosis. Watching certain screen images, including virtual reality experiences like the Services, may induce a seizure. If you or anyone in your family has had symptoms related to epilepsy (especially seizures or loss of consciousness) when exposed to flashing lights, consult your doctor before using the Services. Parents and guardians should supervise children's use of the Services. Stop using the Services and consult a doctor if you or your child experiences convulsions, eye or muscle twitching, loss of awareness, altered vision, involuntary movements, or disorientation.
Immersive Manga is not liable for any death, injury, or health complications resulting from epileptic symptoms or conditions which may occur during or as a result of using the Services. To reduce the risk of a seizure or epileptic symptoms, do not use the Services when tired or in need of sleep, and take a 10 to 15-minute break every 30 minutes.
**Motion Sickness**
Virtual reality experiences, including the Services, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when using the Services, stop and rest. Do not drive or engage in other demanding activities until feeling better. To limit the risk of motion sickness, do not use the Services when tired, sleep-deprived, under the influence of alcohol or drugs, experiencing digestive problems, under emotional stress or anxiety, or suffering from health issues that may increase susceptibility to adverse symptoms.
**Repetitive Motion Injuries and Eyestrain**
Using the Services can cause muscle, joint, skin, or eye discomfort. To avoid issues like tendinitis, carpal tunnel syndrome, skin irritation, or eyestrain:
- Limit play time and ensure children do the same;
- Take a 10 to 15-minute break every 30 minutes;
- Stop and rest if experiencing discomfort in hands, wrists, arms, eyes, or any body part, and
- Consult a doctor if discomfort continues.
**Play Area Precautions**
Even though the Services are designed for seated use, ensure your play area is safe. Be aware of your surroundings to prevent interactions that could lead to injury or damage. Maintain a clear area free from objects that could pose a risk. Keep sound volumes at levels that allow awareness of your surroundings to prevent hearing damage and ensure you're not distracted to the point of being unaware of real-world hazards. Do not use the Services if your awareness is impaired by lack of sleep, drugs, alcohol, or illness.
## Ownership of the Services
Immersive Manga owns and operates the Services. All of the software, visual interfaces, graphics, designs, information, compilation of content, and all other elements of the Services (the "Materials") that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service and you cannot use the Materials except as you are specifically permitted under these terms.
## Limited License for Personal and Non-Commercial Use
Except as otherwise specifically authorized by these Terms, Immersive Manga grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal and non-commercial use only, subject to your continued compliance with these Terms. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, and/or services obtained from the Services. All rights not expressly granted to you in these Terms are reserved by Immersive Manga.
## User Content
For the purposes of these Terms: (i) "Content" encompasses all forms of original works and materials shared, uploaded, or otherwise made available through the Services. This includes, but is not limited to, virtual drawings, digital artwork, and any contributions such as feedback or suggestions about the Services. Content also comprises User Content as it relates to interactions with other users; and (ii) "User Content" specifically refers to any Content that you personally create, share, modify, or make available via the Services.
Users of the Services may be permitted to create, share, or otherwise make available content through the Services. Users may also extract all or any portion of User Content created by another user to produce additional User Content, including User Content that combines, intersperses, and remixes User Content generated by more than one user. Such activities are supported by the licenses granted herein, enabling the remixing, sharing, and collaborative creation within the platform. Immersive Manga is not obligated to compensate you for your User Content. The information and materials in the User Content have not been verified or approved by us, and the views expressed by users do not represent our views or values.
By contributing User Content, you affirm that your contributions adhere to our content creation and community guidelines, accepting responsibility and agreeing to compensate us for any legal claims arising from your failure to do so. This means you are accountable for any financial losses or legal consequences we encounter due to your content not meeting these standards.
User Content will be considered non-confidential and non-proprietary. You must not submit any User Content that you consider to be confidential or proprietary. By making User Content available through the Services, you represent that you own that User Content or have obtained all necessary permissions from, or are authorized by, the owner of any part of the content to submit it to the Services.
Copyright in User Content remains with you or the owner of the User Content. However, by submitting User Content via the Services, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, create derivative works from, publish, transmit, distribute, and to authorize other users and third parties to access, use, download, modify, adapt, reproduce, and create derivative works from your User Content in any format and within the Services, either now known or later developed. You further grant us a royalty-free license to use your user name and profile to identify you as the source of your User Content.
**Waiver of Rights to User Content**
By posting User Content, you waive any rights to prior inspection or approval of any use of you User Content in marketing, promotions, or in any public context. You also waive any rights of privacy, publicity, or similar nature in connection with your User Content, with the understanding that VR content may be used in ways that promote the immersive nature of the platform. To the extent any moral rights are not transferable or assignable, you waive and agree never to assert any such rights you may have in your User Content.
We reserve the right to disclose your identity to any third party claiming that any User Content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy. We or authorized third parties have the right to edit, refuse to publish, or remove any User Content at our discretion. We may remove User Content that does not comply with our content standards or for any other reason, without notice or liability to you. Immersive Manga commits to handling your content with respect and privacy considerations in mind.
We take measures to remove infringing material from the Services and, at our discretion, disable or terminate accounts of users who infringe the intellectual property rights of others. Some User Content may not be completely removable, and residual copies of your User Content may continue to exist within the Services. Immersive Manga is not responsible for the removal or deletion, or the failure thereof, of any of your User Content.
Our team values the feedback and ideas from our user community, which guide our innovation and service enhancements. If you offer feedback or suggestions, know that we're not obligated to act on or acknowledge every submission, which we'll treat as non-confidential. By sharing your ideas, you permit us unrestricted use, allowing us to freely implement, modify, and share your suggestions across our services and in future developments without any obligation to you.
**Storage Policy**
At this time, we provide free online storage of User Content to registered Users of the Services. However, you acknowledge and agree that we may establish limits concerning your use of the Services, including, without limitation, the quantity and size of User Content stored on our servers and the duration User Content is stored on our servers, and may charge you fees for exceeding those limits. Furthermore, you acknowledge that we reserve the right, in our sole discretion, to terminate or suspend accounts that are inactive for an extended period of time (thus deleting or suspending access to User Content). We have no responsibility or liability for the deletion or failure to store any User Content maintained on the Services. You further acknowledge that we reserve the right to modify our storage policies from time to time, with or without notice to you.
## Copyright Infringement Notification Process
At Immersive Manga, we respect the intellectual property rights of others and ask our users to do the same. Our policy is to respond to notices of alleged copyright infringement that comply with applicable international copyright laws, including the Digital Millennium Copyright Act (DMCA) in the United States and the Copyright Act in Canada.
If you believe your copyrighted work has been reproduced on our service in a way that constitutes copyright infringement, or if your copyright is subject to international protection that you believe has been infringed, please provide us with the following information:
1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material you claim is infringing is located on the Services.
4. Your contact information, including your address, telephone number, and email.
5. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Notices should be sent to hello@uvimby.com.
For users in the United States, we follow the DMCA's procedures for addressing claims of copyright infringement, including the removal of allegedly infringing content and the handling of counter-notifications. Users affected by content removal will be notified and given the opportunity to respond.
For users in Canada and other jurisdictions, we will handle reports of copyright infringement in accordance with local laws, ensuring that we respect the rights of copyright owners while also considering the rights of our users.
## Termination
If you breach any of these Terms, your permission to use the Service will terminate automatically.
Additionally, we may terminate your account on the Services or suspend or terminate your access to the Services at any time, with or without notice, without liability to you. You can terminate your account on the Services by contacting us at hello@uvimby.com.
## Privacy Policy and Additional Requirements
We are committed to safeguarding your privacy and transparency in our data practices. This section outlines our Privacy Policy, detailing the information we collect from you and how we use it. Additionally, we may introduce additional requirements, such as community guidelines, which you must adhere to when using the Services (the "Additional Policies"). Any Additional Policies posted on or linked to the Services become part of our agreement outlined in these Terms.
**Information We Collect**
We collect various types of information from you when you interact with our Services. This includes:
- Directly Provided Data: This refers to the information you directly provide to us. For example, when you register for an account, we collect your email address, username, and password. Additionally, if you contact our support team, we may collect your email address along with any other information you choose to disclose to us.
- Automatically Collected Data: This category involves information collected automatically as you use our Services. For instance, we may associate your username with user activity within the platform, such as content creation or interacting with content, including creating reports. Additionally, we may collect device information, logs, or other data generated by your interaction with the Services without requiring direct input from you.
**How We Use Your Information**
We use the information we collect from you for the following purposes:
- For Service Delivery: We utilize your information to provide and improve our Services. This includes customizing your experience on the platform, managing your account, and enhancing the overall functionality and performance of the platform.
- Communication: We may use your information to communicate with you, including responding to inquiries or providing support related to your use of the Services.
**How We Share Your Information**
While we prioritize safeguarding your information, there may be certain circumstances under which we may need to share your information:
- With Your Consent: We may share your information if you have provided explicit consent for such sharing.
- For Legal Reasons: We may disclose your information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- Business Transfers: In the event of a merger, acquisition, or sale of assets, user information may be transferred or disclosed as part of the transaction. In such cases, we will ensure appropriate measures are taken to protect your privacy rights.
- With Service Providers: We may engage third-party service providers to assist us in delivering our Services or performing related tasks. These service providers are contractually obligated to use your information only for the purposes specified by us and in compliance with this Privacy Policy.
**Protecting Your Data**
At Immersive Manga, we are committed to ensuring the security of your information. We employ various security measures to safeguard your data, including:
- Secure Authentication: All interactions with our platform require authentication, ensuring that only authorized users can access and manipulate data.
- Encryption: We employ encryption protocols to protect data transmission and storage, minimizing the risk of unauthorized access or interception.
- Regular Security Audits: We conduct regular security audits and assessments to identify and address any vulnerabilities in our systems, ensuring the ongoing protection of your data.
- We encourage users to adopt secure practices, such as choosing strong passwords and being cautious about sharing sensitive information online.
**User Rights and Choices**
As a user of our Services, you have certain rights regarding your data:
- Access and Correction: You have the right to access and correct any inaccuracies in your personal data held by us. To do so, please contact us at hello@uvimby.com. We will make our best effort to fulfill your request within a reasonable timeframe.
- Data Deletion: You have the right to request the deletion of your personal data from our systems. Please note that due to the nature of our Services, certain data may be necessary for the operation of the platform, and we may not be able to fulfill requests to delete data that is essential for providing the Services. However, we will make our best effort to accommodate your request within a reasonable timeframe.
- Opt-Out of Data Collection: While some data collection may be necessary for the operation of our Services, you may have the option to opt out of certain data collection methods or uses. Please contact us at hello@uvimby.com to discuss your preferences.
**Data Retention**
We retain user data for as long as it is necessary for the operation of our Services and as required by applicable law. This includes data necessary for account management, service delivery, and legal compliance.
- Storage Duration: User data is stored for the duration of your use of our Services and may continue to be retained after the termination of your account. We retain certain data to comply with legal obligations, resolve disputes, and enforce our agreements.
- Data Deletion Procedures: Users can request the deletion of their data by contacting us at hello@uvimby.com. We will make our best effort to accommodate deletion requests within a reasonable timeframe. Please note that some data, particularly user-generated content, may not be completely deleted due to the nature of the Services. However, we will take steps to disable future access to such data.
**International Data Transfers**
Our business operations, including the storage and processing of user data, may involve international transfers to locations outside of your country of residence, including Canada and the United States, to support the operation of our Services.
- Location of Data Processing: User data may be stored and processed in the United States or other jurisdictions where our service providers maintain facilities. These service providers are contractually obligated to comply with applicable data protection laws and regulations.
- Data Protection Measures: We take measures to ensure that your data is adequately protected during international transfers. This includes utilizing encryption protocols, implementing access controls, and adhering to industry best practices for data security.
**Children's Privacy**
- Intended Audience: Our platform is not intended for use by children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If you are under 13 years of age, please do not use our Services or provide any personal information to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete such information from our records.
- Data Protection for Minors: We recognize the importance of protecting the privacy and safety of minors online. While our platform is not directed at children under 13, if we become aware that a user is under the age of 13 and has provided personal information without verifiable parental consent, we will take steps to remove such information from our systems.
## Changes to the Terms and Services
Immersive Manga reserves the right to modify the Terms at any time, at our sole discretion. If changes are made, we will notify you by revising the Terms within the VR app, accessible both at the time of registration and within your user profile, and/or through other forms of communication. It is your responsibility to review the modified Terms. By continuing to use the Services after modified Terms are posted, you are agreeing to be bound by them. If you do not agree to the modified Terms, you may not use the Services anymore.
We are committed to constantly evolving and improving our Services. Therefore, we may change or discontinue all or any aspect of the Services at any time and without notice, at our sole discretion.
## Warranty Disclaimers
The Services and Content are provided "as is," without warranty of any kind. We explicitly disclaim any warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Additionally, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
## Indemnity
You will indemnify and hold harmless Immersive Manga and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
## Limitation of Liability
Neither Immersive Manga nor any other party involved in creating, producing, or deliverying the Services or Content will be liable for any personal injury, incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of, or inability to use, the Services or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, nd whether or not Immersive Manga has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event will Immersive Manga's total liability arising out of or in connection with these terms or from the use of or inability to use the Services or Content exceed the lesser of (a) the amounts you have paid to Immersive Manga for use of the Services or Content, or (b) one hundred dollars ($100). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Immersive Manga and you.
## General
These Terms, along with the Privacy Policy and the Additional Policies that are incorporated into these Terms, are the entire agreement between you and us regarding your use of the Services. Except for our right to update these Terms under the section **Changes to the Terms and Services**, these Terms can only be amended by a written agreement signed by both you and us. You are not allowed to assign or transfer these Terms, or transfer your Account on the Services, to any other person or company without our consent, including any transfer than you want to make in connection with a corporate acquisition. We may assign these Terms with or without notice to you. Any delay or failure to enforce any rights under, or require your compliance with, these Terms will not affect our right to enfore the rights or require your compliance at a later time. If we waive any breach by you of these Terms, we will not be waiving any subsequent breach or your obligation to comply with any Terms that you breached. We've included paragraph and section headings for ease of reference, but these headings do not affect the interpretation of these Terms. In the event that any part of these Terms is determined by a judge or arbitrator to be unenforceable, the unenforceable part will be given effect as much as possible and the remaining parts will remain in full force and effect. When these Terms are terminated, any provision that by its nature should survive (or that specifically states that it will survive) will survive the termination.
## Dispute Resolution and Arbitration
You and Immersive Manga mutually agree that any dispute, claim, or controversy arising out of or relating to your use of the Services, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes") will be resolved through binding arbitration, on an individual basis, except as otherwise provided in this Agreement. This Agreement to Arbitrate includes disputes arising out of or relating to interpretation or application of this Agreement, including the enforceability, revocability, or validity of the Agreement itself.
**Exceptions to Arbitrate**
Notwithstanding the provision above, you and Immersive Manga both agree that nothing herein will waive, preclude, or limit either of our rights to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, provincial, or local agencies where available; (c) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (d) file suit in a court of law to address intellectual property infringement claims.
**Arbitration Rules and Governing Law**
The arbitration will be administered by the Canadian Arbitration Association ("CAA") in accordance with the CAA's Arbitration Rules for consumer-related disputes, to the extent applicable, except as modified by this Agreement. The arbitration will be conducted in English, and the location will be in Toronto, Ontario, Canada unless agreed otherwise.
The laws of Canada and Ontario, excluding its conflict of laws rules, will govern this Agreement and your use of the Services.
**Arbitrator's Powers**
The arbitrator shall have exclusive authority to resolve all Disputes. They shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
**Fees**
Your responsibility to pay any CAA filing, administrative, and arbitrator fees will be solely as set forth in the CAA Rules.
**Severability**
If any part of this Agreement is found unenforceable, the unenforceable part will be severed, and the remaining arbitration terms will be enforced.
## Consent to Electronic Communications
You consent to receive electronic communications from us as described in our Privacy Policy. We may send you any notices, agreements, disclosures, or other communications to you electronically.
## Contact Information
For any inquiries or concerns regarding these Terms or the Services, please contact us at hello@uvimby.com.