Effective: November 20, 2014
Using the Software
As long as you comply with these Terms, you have the right to use the Software for your own personal noncommercial use. This license is for the sole purpose of enabling you to use and enjoy the Software, in the manner permitted by these Terms.
When you download our Software from Google Play or other app store or distribution platform you acknowledge and agree that you must also comply with all applicable third party terms of service when using our software or applications.
You may not do any of the following while using or accessing the Software:
copy, modify, distribute, sell, or lease any part of the Software (including any content in the Software), nor may you decompile, disassemble, reverse engineer or attempt to extract the source code of the Software, unless laws prohibit those restrictions or you have our written permission;
make any Software (including any content in the Software) available on any internet site, network or file-sharing service;
use the Software for any commercial purpose or for the benefit of any third party or in any manner not by these Terms;
violate any applicable law or regulation; or
encourage or enable someone to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and involve and cooperate with law enforcement authorities in prosecuting anyone who violates these Terms.
Third Party Devices
Our Software is designed to provide additional functionality with certain third party virtual reality devices (“Devices”). You should carefully review the terms and conditions, health warnings and all setup and operating instructions for such Devices. We’re not responsible or liable in any way for any personal injury, property damage, or any other issue you may have resulting from your use of a Device.
Our Software is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Software, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Software(“Feedback”), you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit that Feedback for any purpose and without any obligation to you,
If you breach any of the terms of these Terms, your license to use of the Software will terminate automatically.
Use of the Software is at Your Own Risk
Your access to and use of the Software is at your own risk. By using the Software, you may view content that is provided by third parties, which may be objectionable, offensive, or otherwise inappropriate. We are not responsible for such content, nor will we be liable in any way for any content made available via the Software.
You understand and agree that the Software is provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY 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 Software will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Limitation of Liability
WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SOFTWARE AND IN NO EVENT WILL IT EXCEED $50. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms constitute the entire agreement between us with respect to the subject matter and supersedes and merges any prior proposals, understandings and contemporaneous communications. These Terms may be amended by us from time to time. If we make material changes to these Terms, we will notify you by posting the revised Terms or notifying you through the Software. Your continued use of the Software after the changes go into effect will constitute your agreement to such changes. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. By using our Software you consent to personal jurisdiction and venue in the state and federal courts for Santa Clara County, California for any lawsuit arising from or relating to these Terms or the Software. YOU AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
Please contact us if you have any questions about these Terms.