Effective Date: October 1, 2018
THESE TERMS AND CONDITIONS (“AGREEMENT“) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” or “YOUR“) AND INCEPTION VR, INC. (HEREINAFTER “COMPANY,” “WE“, “US” OR “OUR“) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR USE OF THE BOOKFUL WEBSITE AND APPLICATION, INCLUDING ANY OF OUR SERVICES OFFERED THROUGH SUCH APPLICATION (THE “SERVICES“). BY USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE SERVICES AT ANY TIME. IF WE CHANGE THIS AGREEMENT, WE WILL POST THE REVISED AGREEMENT ON THE OUR WEBSITE AT HTTP://BOOKFUL.APP/TERMS-AND-CONDITIONS/ AND IN THE APPLICABLE APPLICATION STORE.
WE ENCOURAGE YOU TO REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME AND NOTE THE EFFECTIVE DATE OF ANY REVISED AGREEMENT.
BY CONTINUING TO USE ANY SERVICES FROM COMPANY AFTER THE NEW EFFECTIVE DATE, YOU AGREE TO BE BOUND BY SUCH CHANGES.
- Acceptable Use. You are responsible for your use of the Services. Our goal is to create a positive, rewarding, and safe experience in connection with our Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Company. When you use the Services, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages or content contained in the Services (although Company may allow operators of public search engines to use spiders to index materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, and Company reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Services;
- attempt to circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- License, Ownership & Copyright Restrictions. The Services and any intellectual property rights therein are owned by Company and/or its licensors. The Services, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole (“Content”), are protected under copyright and other laws. You must abide by all additional copyright notices or restrictions contained in the Services or elsewhere. You may not delete any author attributions, legal or proprietary notices in the Services or elsewhere.You agree that (1) the Services and any Content thereof may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited for personal gain; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Services, the Content or components that are available on the Services; and (3) you may not make commercial use of any portion of the Services provided by Company, including redistribution or copying by means; except with the prior, express written permission of Company.You agree not to interfere or take action that results in interference with or disruption of the Services or servers or networks connected to the Services. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. Except as expressly provided herein, the Services will not be construed as conferring any license under Company’s and/or any third party’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Company may revoke any of the foregoing rights and/or your access to the Services, or any part thereof, at any time without prior notice.Subject to your agreement and compliance with this Agreement, We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Services solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Services or any part thereof are determined to be illegal under the laws of the country in which you reside, you shall not be granted any license to use the Services, and must refrain from using the Services.
- Trademarks. All Content, product names, trademarks, service marks and logos on the Services, unless otherwise noted, are wholly owned or validly licensed by Company. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
- Feedback. If you submit any feedback, ideas, suggestions or testimonials to Company, we have the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet. You may only post ideas and material to the Services if you have obtained appropriate copyright and other permission to post such materials and to permit Company to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
- Copyright Infringement. Company operates a clear copyright policy in relation to any Content which is alleged to infringe the copyright of a third party. We respect the intellectual property rights of others and expect users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that any Content infringes your copyrights or the rights of another, please follow our Copyright Policy available at: http://bookful.app/copyright-policy.
- Platform Terms. By downloading or accessing the Services from a third party platform, service provider or distributor (“Platform Provider”) your use of the Services is also governed by usage rules which the Platform Provider may have established and which relate to your use of the Services (“Usage Rules”). Certain Usage Rules are described in this Agreement but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the Services. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the Services are incorporated herein by reference. In the event of a conflict between this Agreement and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the Services, obligations, limitation of liability and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from using the Services. Any use of the Services by anyone prohibited by any applicable laws or Usage Rules from using the Services is expressly prohibited.
- Anti-Spam Policy. Company prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Company also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Company, and/or its products and services. Company prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.IF YOU OR ANYONE YOU KNOW IS “SPAMMED” BY SOMEONE WHO IS SELLING OR DESCRIBING COMPANY’S PRODUCTS OR SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
- DISCLAIMER. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE SERVICES OR ANY INFORMATION PROVIDED THEREIN.ALL OF OUR SERVICES ARE PROVIDED “AS IS”. YOU MAY RELY ON THE SERVICES SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR USE OF THE SERVICES.ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS THROUGH OUR SERVICES, WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
- LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT COMPANY, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, OR YOUR USE OF THE SERVICES.
- YOUR SOLE RECOURSE IN CASE OF DISSATISFACTION WOULD BE TO STOP USING THE SERVICES. THE CUMULATIVE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY DURING THE 12 MONTH PERIOD PRIOR TO THE APPLICABLE EVENT. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, OR YOUR USE OF THE SERVICES.
- Third Party Content. The Services may contain links to content, websites or pages which are not maintained by the Company. Links to third party content are provided for your convenience and information only. Third party content is not under Our control and we are not responsible for the content or accuracy of such content or the products or services offered on or through those sites. The inclusion of a link through the Services does not imply Company’s endorsement of the third party website nor that We are affiliated with the third party website’s owners or sponsors.
- Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of Delaware without regard to any conflict of laws principles. Any disputes arising from or in connection with this Agreement, the Services will be submitted to the exclusive jurisdiction of the courts in Delaware.
You expressly agree to waive any right to have a trial by jury against Company and the right to participate in any form of class or representative claim against Company.
- Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
- Unenforceability. If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
- Authority. You hereby acknowledge, represent and warrant that you are expressly and duly authorized to enter into this Agreement and to be legally bound by this Agreement.
- Termination. Company may at any time, at its sole discretion, cease the operation of the Services or any part thereof, temporarily or permanently, delete any information provided through the use of the Services or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving prior notice. At such point your license to use the Services or part thereof may be terminated or suspended. You agree that Company does not assume any responsibility with respect to, or in connection with the termination of the Services operation and loss of any data and shall not be required to provide refunds, benefits or other compensation with such termination of the Services.
- Assignment. Company has the right to assign this Agreement at its discretion. You may not assign any or your rights or obligation herein.
- Contact. You may contact us by writing us at the address or email address listed below: Support@inceptionvr.com