|Got Your Back
|My Custome Vring
Distal Reality LLC
Terms of Service and Use
Last Updated: June 30, 2021
BY CLICKING “ACCEPT,” “AGREE,” OR BY REGISTERING, ACCESSING, DOWNLOADING, INSTALLING, OR OTHERWISE USING OR RECEIVING THE SERVICES, YOU: (A) AFFIRM THAT (I) YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IF THAT IS NOT 18 YEARS OF AGE WHERE YOU LIVE), OR (II) YOU HAVE REVIEWED THESE TERMS WITH YOUR PARENT OR GUARDIAN AND YOUR PARENT OR GUARDIAN ASSENTS TO THESE TERMS ON YOUR BEHALF AND TAKES FULL RESPONSIBILITY FOR YOUR COMPLIANCE WITH THEM; AND (B) ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS, AND YOUR ACCESS OR USE SHALL BE DEEMED TO BE YOUR (AND IF ACTING ON BEHALF OF A THIRD PARTY OR ENTITY, SUCH THIRD PARTY’S OR ENTITY’S) AGREEMENT TO ABIDE BY THESE TERMS (REFERENCES IN THESE TERMS TO “YOU” INCLUDE YOU AND ANY SUCH THIRD PARTY OR ENTITY). If you do not agree to these Terms, you may not access or use the Services in any manner. The Services are not intended for use by children 13 years of age or younger.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR THOSE DISPUTES EXPLICITLY IDENTIFIED IN THE ARBITRATION SECTION (SECTION 17, BELOW) OR WHERE BARRED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND DISTAL REALITY, OR ANY AFFILIATE THEREOF, WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Please see Section 17 for more information.
1.1 Our Services. The Services provide users with access to haptics technology and other content, features, products, and services, which may be provided by Distal Reality, other Service users, and other third parties, in order to allow you to create haptic content and messages, communicate with other users, and share and rank haptic content known as ‘vrings.’ You may have the option to create your own signature haptics and a public profile displaying and sharing your haptic or other content, which may be favorited, saved, ranked, or shared by other users or which may be featured or ranked by Distal Reality in Distal Reality-created haptic collections. You are solely responsible for the content that you upload, link to, or otherwise provide to the Services, as further described herein.
1.2 Changes to these Terms. We may revise, update, or otherwise change these Terms at any time by posting updated terms on the Services. If you continue to use the Services thereafter, you will be bound by the updated Terms. All changes are effective immediately when we post them. You should review these Terms each time you use our Services. In the event that we make material changes to these Terms, we will let you know by posting a prominent notice on the Services, by sending you an email, or other similar method of contacting you. Any revised versions of these Terms supersede all previous versions.
1.3 Changes to the Services; Updates. We reserve the right to withdraw or amend the Services, and any service, product, or material we provide on the Services, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. Distal Reality may from time to time in its sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Distal Reality has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates, and you acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to these Terms. If you are unsatisfied with the Services, your sole remedy is to stop accessing and using the Services. If you nonetheless access or use the Services, then your use of, or access to, the Service will be subject to the version of the Terms then in effect as to all current users.
1.4 Access. Subject to these Terms, Distal Reality grants you a limited, non-exclusive, and nontransferable license to access and use the Services, and its related services and content, for your personal, non-commercial use strictly in accordance with these Terms. You may, strictly in accordance with these Terms, (a) download, install, and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you and (b) access, download, and use on your mobile device the content and services made available in or otherwise accessible through the Application. You acknowledge and agree that the Services are provided under license and not sold to you. You are not granted any rights in or to the Services and its contents, other than the limited right to use the Services according to these Terms and the policies and procedures that Distal Reality may adopt and make available from time to time. Use of the Services are solely at Distal Reality’s discretion, and Distal Reality reserves the right to prohibit anyone from accessing, downloading, or otherwise using the Website or the Application.
1.5 Accounts. All information that you provide to us when you use the Services must be true, accurate, and complete. The Services may require you, or give you the option, to create an account in order to use some features of the Services. Your account is personal to you, and if you choose, or are provided with, a username, password, or other credentials to create an account, you must treat such information as confidential and must not disclose it to others. You are responsible for all activity that occurs through your account. You agree to notify us immediately of any breach of security or unauthorized access to or use of your account. Your username: (a) must be appropriate; (b) may not be used to impersonate any other person or entity; and (c) must not infringe another person’s intellectual property or other rights. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, we believe it is appropriate or necessary to do so, or if you have violated any provision of these Terms.
1.6 Location. The Services are intended for use only by persons who are thirteen years of age or older and located in the United States. Access to our Services may not be legal by certain persons or in certain countries. If you access the Services, you do so on your own initiative and are responsible for compliance with local laws.
1.8 Communications from Us. You consent to receiving, and agree to receive, certain electronic communications from Distal Reality including, but not limited to, notices, agreements, disclosures, and promotional opportunities. You acknowledge and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Distal Reality provides to you electronically satisfy any legal requirement that such communications be in writing.
2. Conduct on the Services.
2.1 Conduct Restrictions. Your right to use the Services are subject to your compliance with all applicable laws and these Terms. We may discontinue your access to and use of the Services at any time if you fail to comply with these Terms, including our guidelines and rules of conduct. Without limiting the foregoing, you agree not to use the Services in any manner related to or for purposes of: (a) distributing, transmitting, or procuring unsolicited chain letters, “junk mail,” “spam,” or any other similar solicitation; (b) engaging in fraudulent, deceptive, or unlawful activities or encouraging such conduct; (c) propagating computer worms, viruses and other such malicious code; (d) making unauthorized entry (directly or indirectly) to any other machine accessible via the Services or its computer network; (e) gaining or attempting to gain unauthorized access to Distal Reality, its systems, or other user accounts or to interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services, including attempts to overburden Distal Reality’s servers or networks; (f) exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (g) engaging in other conduct that, in our sole discretion, restricts or inhibits any other user from accessing, using or enjoying the Services; (h) soliciting users of the Service to become users of other online services competitive with the Services; (i) impersonating any other person or entity or falsely stating or otherwise misrepresenting your affiliation with any person or entity, or creating a false identity for purposes of misleading others; (j) using automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent, including to collect other people’s personally identifying information or confidential information; or (k) violating, encouraging, or facilitating the violation of any applicable local, state, national or international law, including but not limited to, any laws regarding the export of data or software to and from the U.S. or other countries, regulations promulgated by the U.S. Securities and Exchange Commission, the New York Stock Exchange, the American Stock Exchange, the NASDAQ, and any codes, regulations, or similar rules having the force of law.
2.2 Use Restrictions. Except as expressly permitted by these Terms, you shall not: (a) copy the Services; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services; or (g) post User Contributions (as defined herein) on the Services that you did not create or that you do not have appropriate rights or permissions to use or publish.
3. Services Ownership, Feedback, and Features.
3.1 Services Ownership and Feedback. The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Distal Reality, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You do not acquire any ownership or other rights in or to the Services or related materials by accessing or using the Services except as otherwise expressly provided herein. Distal Reality and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto. If you wish to make any use of material on the Services other than that set out in these Terms, please address your request to the email address provided at the end of these Terms. If you provide us with any comments, bug reports, feedback, or modifications related to the Services (“Feedback”), Distal Reality shall have the right to use such Feedback at its discretion, including the incorporation of any such Feedback into the Services or Distal Reality’s other products or services. You hereby grant to Distal Reality a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, exploit and use your Feedback for any purpose.
3.2 Trademarks. Distal Reality and its affiliates are the sole owners of the Distal Reality family of trade names, trademarks, logos, service marks, and other marks of indicia, including DISTAL REALITY, VRING, HoT, HAPTICS OF THINGS, ¡MPATH, and ¡NFLUENCER. All trademarks and service marks used on the Services not owned by Distal Reality are the property of their respective owners. Nothing on the Services or in these Terms should be construed as granting any right or license to use any trade names, trademarks, or service marks without express prior written consent of the owner.
3.3 Third-Party Content and Links. The Services include links and content provided by third parties, including materials provided by other users, service providers, entities, websites, and third-party licensors, syndicators, aggregators, or reporting services. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by or through such parties or sources (including other Service users) are those of the respective author(s), distributor(s), or providers and not of Distal Reality. We do not make any representations or guarantee about any third-party content or websites whatsoever. When you access third-party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. Under no circumstances will Distal Reality or its subsidiaries, affiliates, officers, agents, other partners, or employees be liable for any loss or damage caused by your reliance on or use of any such content, goods, or services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through the Services. If you believe that any linked content on other websites, services or resources violates applicable law or may be inappropriate, please contact us. We will review the linked content and may, in our sole discretion, remove the link from the Services. The inclusion of any such link does not imply any association between us and the website or content operator.
4. User Contributions and User Generated Materials.
4.1 User Contributions and User Generated Materials. The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to upload, post, submit, publish, display, or transmit to other users, or to other persons, photos, drawings, messages, designs, graphics, text, artwork, music, videos, or other content in various forms or media, including through links to other websites (collectively, “User Content”) to the Services for publication and posting to other users’ posts and the public. Additionally, some portions of the Services may allow you to create new custom haptics, such as Haptic Handles and ‘vrings,’ which allow you to identify yourself and express messages to others, or to customize other haptic content provided by Distal Reality, third parties, or other users on the Services (such custom-created and customized haptics, collectively, “User-Generated Haptics”) using features and tools available on the Services. All User Content and User-Generated Haptics shall be referred to collectively as “User Contributions” herein. All User Contributions must comply with the community standards set out in these Terms.
4.2 Responsibility for Contributions. You are solely responsible for all of the User Contributions that you upload, transmit, share, publish, display, or otherwise provide to the Services, including the consequences of submitting and publishing the User Contributions via the Services. Distal Reality in no way guarantees the confidentiality or availability of any User Contributions. When you provide any User Contributions to the Services, you affirm, represent, and warrant that you own or control all necessary licenses, rights, consents, and permissions in order to use the User Contributions, to grant the rights, licenses, and permissions herein, and to enable the inclusion and use of the User Contributions in any manner contemplated by Distal Reality and these Terms. You shall not upload, post, or otherwise make available on the Services any User Contributions or other material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Further, you represent and warrant that you have obtained the written consent, release, or permission of every identifiable individual who appears in your User Contributions to use such individual’s name or likeness, for purposes of using and otherwise exploiting your User Contributions in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you represent and warrant that you have obtained such written consent, release, or permission from such individual’s parent or guardian, and you agree to provide to us a copy of any such consents, releases, or permissions upon our request.
4.3 Collections. You acknowledge and agree that your User Contributions may appear in Distal Reality-created or user-created collections, or next to or in connection with ads, offers, and other sponsored content. We may also feature or rank certain User Contributions based on user feedback or as part of collections based on Distal Reality-selected or user-selected collections or rankings. There is no guarantee that your User Contributions will be featured, ranked, or included in a collection.
4.4 License to Your User Content. As between Distal Reality and you, subject to the rights granted to Distal Reality in these Terms, you retain ownership of and rights in your User Content, including any intellectual property rights or other proprietary rights therein. You hereby grant to Distal Reality and our affiliates, successors, and assigns, and our and their respective agents, licensors, licensees, employees, and service providers (collectively, “Authorized Persons”), a non-exclusive, royalty-free, transferable, worldwide, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, reformat, translate, transmit, distribute (through multiple tiers), create derivative works of, and publicly display your User Content, in whole or in part, throughout the Universe in any medium or format now known or hereafter created, and you grant and authorize sublicenses of the foregoing, via the Services, for any purposes in connection with providing the Services and its related services, products, and content to you, and other Service users, including advertising, public relations, and promotional purposes, without further consent from, or other compensation to you. You grant to the other users of the Services a non-exclusive license to access your User Content, and to use, reproduce, create derivative works of, adapt, transmit, tag, publish or republish, distribute and publicly display such User Content subject to these Terms. You acknowledge and agree that you have no right to review or approve such User Content and that Distal Reality and its service providers have no liability to you for any editing or alteration of such materials. You acknowledge that Distal Reality has the right, but is not obligated, to use or stop using any User Content at any time for any reason.
4.5 Creation and Ownership of User-Generated Haptics. You are permitted to create, use, and modify User-Generated Haptics using the Services’ tools and functionality, provided, however, that any and all of your User-Generated Haptics shall be owned by Distal Reality or its third-party designee. In furtherance of the foregoing, (a) you acknowledge and agree that any User-Generated Haptics that you create or develop, directly or indirectly, using the Services or other materials provided or made available by Distal Reality, whether generated at Distal Reality’s request or despite Distal Reality’s request that you not do so, shall be owned by Distal Reality and shall be the sole property (including all intellectual property rights therein) of Distal Reality (or its designee) as of the creation date; and (b) you hereby irrevocably assign and agree to assign (effective on the date the User-Generated Haptic is created) to Distal Reality (or to a third party designated by Distal Reality) all right, title, and interest worldwide in and to such User-Generated Haptics, and all intellectual property rights therein. To the extent that Distal Reality cannot claim exclusive ownership rights in such User-Generated Haptics by operation of law or pursuant to the assignment noted above, and to the fullest extent permitted by law, you hereby expressly grant (or you warrant that the owner of such User-Generated Haptics expressly grants) to Distal Reality (or to a third party designated by Distal Reality) a perpetual, irrevocable, worldwide, paid-up, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with such User-Generated Haptics in all formats and media, whether existing now or in the future, and you agree (and warrant that any other owner of User-Generated Haptics agrees) not to assert or enforce any moral rights or similar rights (now known or not currently known) with respect to the User-Generated Haptics. You hereby irrevocably designate and appoint Distal Reality and its duly authorized officers and agents as your agent and attorney in fact, which appointment is coupled with an interest, to act for and on your behalf to execute, verify, deliver, and file any documentation necessary to apply for, obtain, perfect, evidence, sustain, and enforce the assignment and licenses granted above and Distal Reality’s rights in and to User-Generated Haptics. For clarity, you acknowledge and agree that you are not entitled to any rights or compensation in connection with the rights granted to Distal Reality in these Terms or the use of your User-Generated Haptics by others. Further, you will not, and will not permit any third party to download, distribute or use your User-Generated Haptics for any commercial purpose.
4.6 Moral Rights in User-Generated Haptics. To the extent any applicable law prohibits the exclusive license, assignment or transfer of any rights of paternity, integrity, disclosure, withdrawal, or any other rights that may be known as or referred to as “moral rights” (collectively “Moral Rights”) in or to the User-Generated Haptics, you hereby waive, to the fullest extent permitted by law, all Moral Rights in any User-Generated Haptics in favor of Distal Reality, and you hereby consent to and ratify any action or inaction that may be taken or permitted by Distal Reality with respect to User-Generated Haptics (including any actions or inactions that would violate Moral Rights in the absence of such consent, such as attribution, non-attribution, false attribution, repair, modification, replacement or destruction of the User-Generated Haptics). You acknowledge and agree that Distal Reality may permit you or other users to share or use User-Generated Haptics via the Services, social media websites, or other sharing mechanisms permitted or provided by Distal Reality via the Services. You agree to confirm any such waivers and consents from time to time as requested by Distal Reality.
4.7 Availability of User-Generated Haptics. As determined by Distal Reality, User-Generated Haptics may be made available to other users of the Services, and such other users may download the User-Generated Haptics from Distal Reality and use such User-Generated Haptics in connection with the Services. In such cases, Distal Reality grants you a limited, non-exclusive, and nontransferable license to access User-Generated Haptics and to use, reproduce, distribute, display and perform such User-Generated Haptics as permitted through the Services solely for your personal, non-commercial use in connection with your use of the Services. If you desire to use any User-Generated Haptics for any other reason (i.e., for commercial, marketing, or another use not otherwise permitted by these Terms), you may request permission to use User-Generated Haptics by sending a description of your desired use to Distal Reality at firstname.lastname@example.org. Distal Reality may, but has no obligation to, review or grant such requests. Any requests granted by Distal Reality shall be subject to a separate written agreement between you and Distal Reality addressing the rights, limitations, responsibilities, and fees, if any, for the approved use thereof. Distal Reality may, but is not required to, validate, test, evaluate or pre-screen User-Generated Haptics. Distal Reality does not endorse, sponsor, guaranty or approve any User-Generated Haptics, including without limitation User-Generated Haptics available for download from the Services. IF YOU ELECT TO INSTALL, DOWNLOAD OR USE ANY USER-GENERATED HAPTICS, YOU DO SO AT YOUR OWN RISK.
4.8 Your Representations and Warranties for Your User-Generated Haptics. If you create or modify any User-Generated Haptics, then you represent, warrant and covenant that: (a) you own or have sufficient legal rights in your User-Generated Haptics to grant to Distal Reality the assignment, rights, and licenses set forth herein, including all copyrights, trademark rights, rights of publicity and any other kind of intellectual property rights or other proprietary or personal rights affected by or included in any User-Generated Haptics; (b) each User-Generated Haptic that you create is originally created by you (or created by you pursuant to all necessary rights, licenses, and permissions from any other contributor); and (c) your User-Generated Haptics comply with the other terms and conditions set forth herein with regard to User Contributions generally.
4.9 Waiver of Content Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ALL LIABILITIES, CLAIMS, DAMAGES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO COPYRIGHT OR TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF RIGHTS OF PUBLICITY, OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN ANY OTHER LEGAL THEORY (COLLECTIVELY, “CONTENT CLAIMS”) ARISING DIRECTLY OR INDIRECTLY FROM THE EXPLOITATION OR OTHER USE OF YOUR USER CONTRIBUTIONS PURSUANT TO THESE TERMS, AND YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CONTENT CLAIM AGAINST ANY AUTHORIZED PERSONS, AND FOREVER RELEASE AND DISCHARGE THE AUTHORIZED PERSONS FROM LIABILITY UNDER SUCH CONTENT CLAIMS. YOU REPRESENT AND WARRANT TO DISTAL REALITY THAT YOU HAVE FULL RIGHT, POWER, AND AUTHORITY TO AGREE TO THE TERMS OF THIS SECTION AND TO GRANT THE RIGHTS HEREUNDER.
4.10 Removing Your User Contributions. You may remove your User Content from the Services, or you may request that we remove certain User Content, but we cannot guarantee that it can or will be permanently deleted. Copies of your User Content may remain viewable in cached and archived pages, or it might have been copied or stored by other users. Further, you acknowledge that you may not be able to remove your User-Generated Haptics unless otherwise permitted by the functionality of the Services. Do not post or provide any User Contributions that you do not want to be accessed or used by Distal Reality and third parties. You expressly acknowledge and agree that Distal Reality may retain archived copies of User Contributions and may use User Contributions as permitted by these Terms at any time, including after these Terms are terminated, as set forth herein.
4.11 Attribution. You grant to Distal Reality the right to identify you as the author of your User Contributions by your screen name, likeness, or other identifying information.
4.12 Monitoring. You acknowledge that Distal Reality has no obligation to monitor or screen User Contributions or other materials submitted to the Services. Distal Reality shall have the right (but not the obligation) to reject, remove, or delete any User Contributions and other materials for any or no reason. We also have the right take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violate these Terms, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Services or the public, or could create liability for us. YOU EXPRESSLY WAIVE AND HOLD HARMLESS DISTAL REALITY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS, DAMAGES, OR LIABILITIES RESULTING FROM ANY ACTION OR INACTION TAKEN BY DISTAL REALITY DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER DISTAL REALITY OR LAW ENFORCEMENT AUTHORITIES. For the avoidance of doubt, Distal Reality reserves the right (but has no obligation except as required by law) to offer, make available, review, remove, block, edit, move or disable User Contributions for any reason, with or without notice, and Distal Reality has no liability of any kind with respect to User Contributions, including when Distal Reality determines that a User Contribution violates or does not violate these Terms. The decision to remove a User Contribution or other material at any time is in Distal Reality’s sole and final discretion. Distal Reality does not assume any responsibility or liability for User Contributions or for the removal of any User Contributions for any failure to or delay in removing, any User Contribution or other material, including User-Generated Haptics.
4.13 Reliance and Use of Content. You understand and agree that Distal Reality does not control and is not responsible for the content made available on the Services by you or other users. Your use of, or reliance on, any information contained in such content is at your own risk. Under no circumstances shall Distal Reality be liable for any User Contributions, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such content. You understand and agree that the Services does not endorse any User Contributions, or any opinion, recommendation, or advice expressed therein, and the Services expressly disclaims any and all liability in connection with User Contributions.
4.14 Benefits of this Section. The foregoing provisions of this Section 4 are for the benefit of the Authorized Persons, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Community Standards.
5.1 Standards Generally. We expect all users to remain respectful and constructive at all times when using the Services. You shall refrain from abusive and disruptive behavior, making demands or threats, and participating in conspiracy theories, misinformation or fallacious comments. You shall not make verbal attacks in any form (text, voice, haptic, or via unwanted messaging) or personal attacks, threats of violence or any other undesired behavior used to cause discomfort or disrupt another user’s experience. You shall not attempt to use misspellings, phonetic spellings, homonyms, word combinations, or alternative spellings to mask inappropriate material in any communication on Distal Reality Services. This includes but is not limited to text, chat, haptic or other messaging or any other medium of communication or interaction between users.
5.3 Names and Other Materials. For the avoidance of doubt, you may not create an account name, vring name, text, chat or any other content or materials in the Services that, in Distal Reality’s sole discretion: (a) are in any way discriminatory, inappropriately sexually graphic, hateful, harmful, or otherwise objectionable in nature; (b) promote self-harm, glorifies suicides or belittles physical or mental disability; (c) references, claims affiliation, or otherwise expresses sympathy with any hate groups or negatively references or includes age, race, disability, sexual orientation, national origin, pregnancy, religion or gender; or (d) is defamatory, impersonates, breaches the privacy or attempts to defame the reputation of another user, an employee of Distal Reality, any natural or legal person or entity, property of Distal Reality, or Distal Reality or its affiliates.
5.4 Repercussions. Without limiting any other rights or remedies of Distal Reality, violations of any of the foregoing may result in (a) removal of User Contributions or other content and communications; or (b) termination of your access to the Services. If you find something that violates these Terms, please let us know.
6. Advertising. You understand and agree that the Services are funded, in part, by advertising that may appear on the Services. The Services may include advertisements, and as a user of the Services, you acknowledge and agree that we may show you ads. Distal Reality may disclose certain information collected in providing the Services to advertising partners to increase the relevance of advertising to Distal Reality’s customers. If you interact with or participate in the promotions of the advertisers found on or through the Services, such actions are solely between you and the advertiser. Distal Reality shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Services.
7. Linking to the Services and Social Media Features.
7.1 Linking to the Services; Social Media Features. You may link to the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services may provide certain features that enable you to: (a) link from your own or certain third-party services to certain content on the Services; (b) send emails or other communications with certain content, or links to certain content on the Services; or (c) cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party services. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (i) cause the Services or significant portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (ii) otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permissions under this Section without notice. We may disable all or any social media features and any links at any time without notice.
7.2 Acknowledgement of Social Media Risk. Your use of any third-party social networking website in connection with your use of the Services may cause personally identifying information to be publicly disclosed or associated with you. You agree that any use of a social networking website in connection with your use of the Services is at your own risk, and you will hold Distal Reality harmless for activity and information sharing related to such third-party social networking websites.
8. Ordering and Delivery.
8.1 Placing an Order. The Services may allow you to purchase products or services from Distal Reality or third parties. Only persons over eighteen years of age may place an order. You represent and warrant that you are buying products or services from the Services for personal or household use only, and not for commercial, self-employed activity, resale or export. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) with regard to the receipt, possession, use, and sale of any item purchased from the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner.
8.2 Order Acceptance. Each order you submit constitutes an offer to purchase merchandise. Orders are subject to our or the applicable third-party provider’s acceptance in our or their sole discretion. Shortly after your order has been confirmed on the Services, you will receive an order confirmation email with the details of your order. This email confirmation indicates that your order has been received but does not constitute acceptance of your order. Acceptance will be indicated by your order being dispatched to you. In many cases, you can check the status of your order at any time by signing into your account or checking the applicable order status link provided to you, if any. If for any reason your order cannot be fulfilled, we, or the applicable third-party provider, will let you know, and your payment will be refunded.
8.3 Shipping and Delivery. You are responsible for the cost of all shipping unless otherwise indicated by the Services. All posted delivery times are approximations and actual delivery times may vary. We are not responsible in the event that purchased products are unable to be delivered to you due to an incorrect shipping address, your failure or refusal to accept delivery, or for any other reason, and we are not be liable for any damages (including, without limitation, any incidental or consequential damages) arising from a delay or failure in product delivery. If shipments are returned to us, we will attempt to contact you to arrange for redelivery, and we reserve the right to impose additional shipping costs at our sole discretion. Notwithstanding the foregoing, we do not guarantee that we will store or reship products to you once they are returned to our warehouse. Title and risk of loss pass to you upon our transfer of the products to the shipping carrier. We are not responsible for product damage during transit. In the event that visible damage occurs in transit, please report it directly to the carrier that delivered the parcel to you.
8.4 Order Limitations. We reserve the right, with or without prior notice, to: (a) limit the available quantity of or discontinue any goods or services; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all transaction(s); and (d) refuse to provide any user with any product or service.
8.5 Subscriptions. Distal Reality may offer you the opportunity to purchase certain aspects of the Services on a subscription basis (“Subscriptions”) where access to and use of such Services will be provided subject to a periodic fee, at the frequency specified when you elect to purchase a Subscription. Subscriptions require an initial one-time payment, followed by recurring payments thereafter at the then-current Subscription rate. BY PURCHASING A SUBSCRIPTION, YOU ACKNOWLEDGE AND AGREE THAT (A) DISTAL REALITY (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY OR ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES OR PRODUCTS. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY SUBSCRIPTION PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION RENEWAL DATE. All recurring payments are fully earned upon payment. Subscriptions are automatically renewed until they are canceled. You may cancel your Subscriptions at any time by emailing us at email@example.com before your subscription renewal date. Distal Reality reserves the right to change, discontinue, or revoke Subscriptions in our discretion, any time, with or without notice. Your continued participation in a Subscription constitutes your acceptance of these Terms, as amended from time to time, including the automatic renewal provisions above.
9. Prices; Taxes.
9.1 Prices. All prices, discounts, and promotions are subject to change without notice. The price for a product or service will be the price in effect at the time the order is placed or at the time your Subscription recurring payment is made.
9.2 Taxes. Posted prices do not include taxes or charges for shipping and handling, and such charges will be added to your merchandise total and itemized in your order confirmation. You are responsible for any taxes that may be applicable to your transactions.
10.1 Making Payment. If you wish to purchase any products or services through the Services, you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION THROUGH THE SERVICES. You further represent and warrant that (a) the credit card or other payment information that you provide is accurate and complete; (b) charges incurred by you will be honored by your credit card company or other payment institution; and (c) you will pay charges incurred by you at the posted prices, including shipping and handling, and applicable taxes.
10.2 Third-Party Payment and Order Processing. You acknowledge and agree that we may use third0party service providers, such as third-party payment processors or third-party shipping carriers, in order to process your payment information and fulfill your order. By submitting such information, you grant to Distal Reality the right to provide your order information, including if necessary your payment information, to third parties for purposes of facilitating the completion of any order or other transaction initiated by you or on your behalf. Such parties may provide you with additional terms and conditions that may apply to your payment or the fulfillment of your order.
10.3 Validation. Payment is subject to validation and authorization by both the card issuer/credit company or payment processor and Distal Reality to maintain security and to prevent fraud. Payment information is sent through encrypted servers.
11. Product Information and Results; Cancellation.
11.1 Descriptions. We strive to be very thorough in our product and service descriptions, images, and colors, but errors may occur. We reserve the right to correct errors at any time and to cancel orders resulting from errors. We cannot guarantee that product colors are reproduced completely accurately, and how you see the colors depends on your device, internet browsers, and the settings you use. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience only. The inclusion of any products or services on the Services does not guarantee that these products or services will be available.
11.2 Results. The results of our products and services may vary, and we do not guarantee any particular results or experience with the use of our products and services. We are not responsible for modifications to our products, failure to follow product instructions, or combination or use of our products with any products or materials not provided or authorized in writing by us.
11.3 Cancellation. Once an order is placed on the Services, you may cancel it any time before such order is shipped. In the case of a Subscription, you may cancel your Subscription in accordance with Section 8.5, above. Once an order has shipped, it cannot be canceled. All sales are final and may not be returned.
12.1 Your Indemnification Obligation. You agree to defend, indemnify, and hold harmless Distal Reality, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms, any other agreement you have entered into with Distal Reality, and any representation or warranty contained herein or therein; (b) your use of the Services, including, but not limited to, your use of information obtained from the Services, your connection to the Services, your use of any third-party services or content through the Services, and any activity related to access or use of your account by you or any other person; (c) your User Contributions; (d) your violation of any third party right, including without limitation, any intellectual property or privacy rights; (e) your activities in connection with User-Generated Content; or (f) your violation of applicable law.
12.2 Our Right to Defend and Control. Distal Reality reserves the right, in its discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Distal Reality in asserting any available defenses, and you will reimburse Distal Reality for all costs incurred in its assumption of the defense. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
13. Disclaimer of Warranties and Certain Damages; Limitation of Liability.
13.1 Warranty Disclaimer. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. DISTAL REALITY, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “DISTAL REALITY PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE DISTAL REALITY PARTIES, NOR ANY OTHER PERSON ASSOCIATED WITH DISTAL REALITY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER DISTAL REALITY NOR ANYONE ASSOCIATED WITH DISTAL REALITY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL CLAIMS BASED ON OR RELATED TO THE FOREGOING.
13.2 Limitation of Liability; Disclaimer of Certain Damages. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE DISTAL REALITY PARTIES BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR (A) ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES, INCLUDING ANY BODILY INJURY, HARM, LOSS OF LIFE, OR IMPAIRMENT TO HEALTH OR WELLBEING THAT MAY ARISE OUT OF OR RESULT FROM THE USE OF, OR FAILURE TO USE, THE SERVICES; (B) LOST REVENUES OR PROFITS; (C) DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, REPUTATION, OR GOODWILL; (D) LOSS OR CORRUPTION OF DATA; (E) LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; (F) FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; (G) FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; (H) SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; (I) BREACHES IN SYSTEM SECURITY; (J) ANY ERRORS OR OMISSIONS IN THE SERVICES; (K) YOUR RELIANCE ON ANY SERVICES OR CONTENT; OR (L) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT DISTAL REALITY OR ANOTHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE DISTAL REALITY PARTIES’ COLLECTIVE AGGREGATE LIABILITY ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS OR THEIR SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE LESSER OF: (I) THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO DISTAL REALITY IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH LIABILITY FIRST AROSE, OR (II) $100. THE LIMITATIONS SET FORTH IN THIS LIMITATION OF LIABILITY SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL THEIR ESSENTIAL PURPOSE.
13.3 No Injunction of Services. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF DISTAL REALITY’S ACT OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY DISTAL REALITY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY DISTAL REALITY.
13.4 California Acknowledgement of Rights Waiver. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
13.5 Technology Risk. You understand that we cannot and do not guarantee or warrant that files or content available for download from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our Services for reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, OR ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR AVAILABLE THROUGH THE SERVICES.
13.6 No Limitation Contrary to Law. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, Distal Reality’s liability shall be limited to the greatest extent permitted by law. You hereby acknowledge that the provisions of this Section 13 shall apply to all content, products, and services on the Services.
14. Term and Termination; Survival.
14.1 Term and Termination. These Terms will continue to apply to you until terminated by either you or Distal Reality. You may terminate these Terms by discontinuing all use of the Services and deleting the Services and all copies thereof from your device. We may terminate your access to the Services and your account and password at any time in the event that you breach these Terms or engage in any conduct that Distal Reality, in its sole discretion, considers to be unacceptable, or if we cease to support the Services, which we may do in our sole discretion. Upon termination, all rights granted to you under these Terms will terminate. If you access, download, install, or use the Services after you or Distal Reality has terminated these Terms, you will be bound by the terms of the Services then in effect. In the event of termination of your account or your access to the Services, (a) Distal Reality will delete your User Content, (b) your User Contributions will no longer be accessible to you through your account, and (c) any User-Generated Haptics that you created will be reassigned to a super-user or other account controlled or designated by Distal Reality. You understand and agree that your User-Generated Haptics will still remain on the Services and be accessible to and used by other users of the Services.
14.2 Survival. Termination will not limit any of Distal Reality’s rights or remedies at law or in equity. Without limiting the foregoing, Sections 3, 4, 10, 12, 13, 14, 17, 18, and 19 and the following rights and obligations shall survive termination of these Terms: (a) your representations and warranties, indemnification obligations, use restrictions, waivers, assignments, transfers, and license grants to Distal Reality; (b) Distal Reality’s limitation of liability, disclaimer of warranties, and intellectual property rights; (c) all arbitration provisions; and (d) any other right or obligation in these Terms that, by its nature, should survive termination of these Terms. Notwithstanding the foregoing, you acknowledge and agree that the perpetual license granted by you in relation to User Contributions is irrevocable and will continue after expiration or termination of these Terms for any reason. If you or we terminate these Terms, or if we suspend your access to the Services, you agree that Distal Reality shall have no liability or responsibility to you related thereto.
15. Compliance with Law; Right to Provide Data.
15.1 Compliance with Law. You represent, warrant and covenant that in accessing and using the Services you shall comply with all applicable laws, rules, regulations and by-laws of the United States or the country in which you reside, including, without limitation, those relating to the internet, data, email, privacy and the transmission or exporting of data from or to the United States or the country in which you reside.
15.2 Right to Provide Data. You represent and warrant that you have the right to provide and use all information, content, and data that you provide to the Services. You are responsible for any unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure of personal information and other information, content, and data under you control or in your possession.
16. Copyright Violations.
16.1 Claims. We take claims of copyright infringement seriously, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you are a copyright owner or an agent thereof and believe that any User Contributions, or other content, infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, as amended (the “DMCA”) (see 17 U.S.C. § 512 for further detail and information) by providing us with the following information in writing:
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent (“Agent”) to receive DMCA Notices is:
16.2 DMCA Notices. For purposes of clarification, only DMCA notices should go to the Agent. All other feedback, comments, requests for technical support, and other communications should be directed as set forth at the end of these Terms. You expressly acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. We do not control third-party websites. If the material you are complaining about is located on a third-party service, website, or application, then you should contact that third-party service provider.
16.3 Counter-Notice. If you believe that your User Contribution or other content that has been removed (or to which access was disabled) is not infringing, or that you have authorization from the actual copyright owner, the copyright owner’s agent, or pursuant to law, you have authorization to submit, post, and make use of such User Contributions, or other content, you may send a counter-notice containing the following information to the Agent:
• Your physical or electronic signature.
• An identification of the material that has been removed, or to which access has been disabled, and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which Distal Reality may be found) and that you will accept service from the person (or an agent of such person) who provided the Services with the complaint at issue.
16.4 Other DMCA Terms. If a counter-notice is received by the Agent, the we may send a copy of such counter-notice to the original complaining party informing such party that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or you, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there can be penalties for false claims under the DMCA.
17. Governing Law; Arbitration.
17.1 Governing Law; Time Limit for Claims. All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Colorado. The Federal Arbitration Act and federal arbitration law apply to these Terms. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SUBJECT MATTER OF THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17.2 Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, such dispute shall be finally settled by binding arbitration in accordance with this Section 17 and the American Arbitration Association Consumer Arbitration Rules then in effect (“Rules”) by one neutral, independent commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. You may review the American Arbitration Association Consumer Arbitration Rules online at https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf. The arbitrator, Distal Reality, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. You acknowledge that there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon your or our request that an in-person hearing is appropriate. Any in-person appearances will be held in Denver, Colorado. The arbitrator’s decision will follow the terms and conditions of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
17.3 Class Action Waiver. You agree that any arbitration under these Terms will take place on an individual basis. You acknowledge and agree that (a) class arbitrations and class actions are not permitted, and (b) you are giving up the ability to participate in a class action. In any case in which (i) a dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that all or part of this class action waiver is unenforceable, then the class, collective, or representative action, to that extent, must be litigated in a civil court of competent jurisdiction pursuant to these Terms, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
17.4 Infringement Exception. Notwithstanding the foregoing, both you and Distal Reality have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
17.5 Arbitration Opt-Out. You may opt out of binding arbitration within 30 days of the date you first accepted these Terms by emailing firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and address and must clearly indicate your desire to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.6, below.
17.6 Venue; Waiver of Jury Trial. In any circumstances where the foregoing arbitrations provisions are deemed unenforceable are inapplicable (such as when you opt out of binding arbitration, pursuant to Section 17.5, above), then disputes or claims arising out of or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction of the appropriate courts located in the state of Colorado. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY: (A) SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS; (B) WAIVES ANY OBJECTION TO SUCH COURTS BASED ON VENUE OR INCONVENIENCE; AND (C) WAIVES ANY RIGHT TO TRIAL BY JURY.
18. Notices Regarding Apple and Other Platform Providers.
18.1 Platform Providers Generally. The following additional terms and conditions apply to use of the Application on an Apple, Inc. (“Apple”) iOS-powered mobile device or on a device where Application downloads are permitted by another mobile application platform provider (Apple and any other applicable mobile application platform providers, collectively “Platform Provider”). You and Distal Reality acknowledge that these Terms are concluded between you and Distal Reality, and not with Platform Provider, and Platform Provider is not responsible for the Application or the content thereof. You agree that your license to use the Application is limited to use on devices that you own or control, unless you are accessing and using the Application via a permitted account on a family sharing or volume purchasing plan. Your use of the Application shall be subject to the usage rules set forth in the applicable Platform Provider’s then-current terms of service governing the download of applications. You and Distal Reality acknowledge that Platform Provider shall have no obligation to provide maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may contact Platform Provider, and Platform Provider may refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Platform Provider will have no other warranty obligation whatsoever with respect to the Application, and Platform Provider will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any applicable warranty. Please note that we have disclaimed all warranties with respect to the Application—see Section 13. Distal Reality’s contact information for any questions, complaints or claims with respect to the Application is set forth at the end of these Terms.
18.2 No Platform Provider Responsibility. For the avoidance of doubt, Platform Provider is not responsible for addressing any claims brought by you or any third party relating to the Application or your possession or use of the Application, including: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. Platform Provider is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the Application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Application. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
18.3 Platform Provider Enforcement. You and we acknowledge and agree that Platform Provider, and Platform Provider’s subsidiaries, are third-party beneficiaries of these Terms for the purposes outlined in this Section. Upon your acceptance of these Terms, Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
19.1 Additional Terms and Conditions. You acknowledge that additional terms and conditions may apply to specific products, orders, or your use of certain portions of the Services (“Additional Terms”) that are made available to you when you purchase or participate in such products, services, or use. If there is a conflict between these Terms and any Additional Terms, these Terms shall control with regard to their subject matter unless otherwise explicitly stated in the applicable Additional Terms.
19.2 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 N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding Distal Reality or the Services or to receive further information regarding use of the Services. More information may be available at https://www.dca.ca.gov/about_us/contactus.shtml.
19.3 Independent Parties. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.
19.4 Force Majeure. We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event that is beyond our reasonable control. Such events include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, riots, lockouts, terrorist attacks, pandemics, epidemics, quarantines, or industrial action affecting us or our suppliers.
19.5 Assignment. You will not assign any of your rights or obligations under these Terms without our prior written consent, and any purported assignment or delegation in violation of this Section is null and void. Distal Reality may assign its rights and duties under these Terms to any party at any time without notice to you.
19.6 Notices. Unless otherwise specified in these Terms, all notices to Distal Reality under these Terms must be in writing and will be deemed to have been duly given (a) when received, if personally delivered or sent by certified or registered mail, return receipt requested, (b) when receipt is electronically confirmed, if transmitted by email, or (c) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Distal Reality may provide notices to you through electronic means.
19.7 No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you, the indemnified parties in Section 12, and any applicable Platform Providers as set forth in Section 18.
19.8 Import and Export. In connection with your use of this Services, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions.
19.9 Waiver; Severability. No waiver by Distal Reality of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Distal Reality to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be unenforceable, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this Section, the rest of these Terms are to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable.
19.11 Interpretation. All headings used herein are for convenience only and shall not be given any legal import. For purposes of these Terms, (a) the singular includes the plural and vice versa; (b) reference to any document, law, or standard means such document, law, or standard as amended from time to time; (c) “include” or “including” means including; (d) the term “or” is not exclusive; and (e) all references to money shall be in United States dollars. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.
20. Contact Distal Reality. For comments, questions, or concerns, please contact us at: