myVR Software

Welcome to myVR Software.

The myVR Software service and network (collectively, “myVR Software” or “the myVR Software Services”) are operated by myVR Software AS (collectively, “us,” “we,” or the “Company”). By accessing or using our web site at www.myvr-software.com (the “Site”) or by using any of the myVR Software Services, you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of myVR Software. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the myVR Software Services or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the myVR Software Services or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions and a dispute resolution clause that governs how disputes will be resolved.

Ability to Accept the Agreement
 

By using or accessing the myVR Software Services and/or the Site, you confirm that: (i) you are at least eighteen (18) years of age or if you are under the age of eighteen (18) but over the age of thirteen (13) you have the consent of your parent or legal guardian to use this Site, (ii) you have the power and authority to accept these Terms of Use and to enter into the Agreement with us, that you are capable of assuming, and do assume, any risks related to the use of the myVR Software Services and/or the Site and its content, including the myVR Software Services, and that you understand and accept the terms, conditions and risks relating to their use. If you are under the age of thirteen (13), you may not use or access the Site. IF YOU ARE DISSATISFIED WITH THIS SITE OR ITS CONTENT, INCLUDING THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING IT.

Limited License
 

All content on the Site and/or available through the myVR Software Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the myVR Software Services and/or the Site, you are granted a limited license to access and use the myVR Software Services and/or Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the myVR Software Services, the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Conduct
 

In order to access some features of the myVR Software Services and/or the Site, you must create an account. You may create an account on the Registration Page. Once you have created an account, you will be a “Registered User.” Registered Users are limited to one free account per person. You may never use another person’s account. When creating your account, you must provide complete and accurate information. You are solely responsible for any activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use. You may terminate your account at any time, for any reason. Unless specified under a separate agreement, the myVR Software Services and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the myVR Software Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. You agree not to use the myVR Software Services : harvest or collect email addresses or other contact information of other users from the myVR Software Services or the Site by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;

• use the myVR Software Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site,
• Use automated scripts to collect information from or otherwise interact with the myVR Software Services or Site;
• Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share, store or otherwise make publicly available on the myVR Software Services or the Site any private information of any third party, including, addresses, phone numbers, email addresses, and credit card numbers;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the myVR Software Services or the Site;
• solicit, for commercial purposes, any users of the myVR Software Services or the Site with respect to User Content (as defined below).

User Content Posted on the Site or the myVR Software Services
 

You shall be solely responsible for your own user content (the “User Content”) and the consequences of posting or publishing them. In connection with User Content, you confirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents and permissions to use and to authorize Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the myVR Software Services or the Site and this Agreement; and (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the myVR Software Services or the Site and this Agreement. Subject to Company's existing ownership rights and any other right granted to Company herein, Company does not claim any ownership rights in any User Content that you choose to post to the myVR Software Services or the Site. After posting User Content to the myVR Software Services or the Site, you continue to retain all ownership or license rights in your User Content and you continue to have the right to use your User Content as you did prior to such posting. However, by posting or making User Content available through the Site or the myVR Software Services, you hereby grant to Company an unrestricted, non-exclusive, royalty-free, irrevocable, transferable, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly and display (whether by means of a digital transmission or otherwise) and process your User Content, or any part of it, solely on and through the Site and the myVR Software Services, including without limitation (i) adapting the format of your User Content for suitable display on the myVR Software Services or the Site; and (ii) displaying, in Company’s sole discretion, your public User Content in search results generated by the Company’s search engine. In addition, where you have made your User Content public, posted a link to your User Content on another website or otherwise shared a link to your User Content, you grant to Company an unrestricted, non-exclusive, royalty-free, irrevocable, worldwide right to sublicense the right to copy, modify, prepare derivative works from, and distribute your User Content as necessary to perform the myVR Software Services. In connection with the above license, you provide your consent for Company personnel, including Company contractors and service providers, to view your User Content at any time for the purpose of providing the myVR Software Services and filtering content that violates this Agreement.

Company does not permit copyright infringing activities and infringement of intellectual property rights on its Site or the myVR Software Services. Company reserves the right to decide whether User Content is appropriate and complies with this Agreement for violations of third party intellectual property rights, intellectual property law and other violations, including, without limitation pornography, obscene or defamatory material. Company reserves the right, in its sole discretion, at any time and from time to time, to remove any User Content and/or terminate a User's access for any such violations or other violations of this Agreement, without prior notice. Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein.

Third Party Websites and Content
 

The Site and the myVR Software Services contain (or you may be sent through the Site or the myVR Software Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site, the myVR Software Services or any Third Party Applications, Software or Content posted on, available through or installed from the Site or the myVR Software Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site or the myVR Software Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or the myVR Software Services or relating to any applications you use or install from the site.

Advertising and Links
 

myVR Software accepts advertising from third parties. No endorsement by myVR Software is intended or implied by the presence of such advertising.

For the convenience of visitors to the Site and/or myVR Software Services, myVR Software may provide links to other websites that are not owned or controlled by myVR Software. Your linking to such website or pages is at your own risk and myVR Software assumes no responsibility for the content, privacy policies, or practices of any third party websites. myVR Software is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such websites. As such, neither myVR Software nor any of its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these websites. The appearance of external hyperlinks does not constitute endorsement by myVR Software or any of its affiliates of the opinions or views expressed by these linked sites.

Share Service
 

Company offers a feature whereby users of the Site and/or myVR Software Services can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the myVR Software Services (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use .

Use of Share Links by Online Content Providers
 

Subject to the terms and conditions of these Terms of Use, Third Party Sites that meet the requirements set forth below may place a Share Link (as described below), in the form approved by Company, on pages of their web sites to facilitate use of the Share Service. A Third Party Site that posts a Share Link on its web site is referred to herein as an "Online Content Provider" and shall abide and be subject to the applicable sections of these Terms of Use. A "Share Link" is a button and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page.

In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Company or its users to any harm or liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.

By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link

User Disputes
 

You are solely responsible for your interactions with other myVR Software users. We reserve the right, but have no obligation to monitor the disputes between you and other users.

Privacy
 

We care about the privacy of our users. Please click to view the myVR Software’s Privacy Policy. By using the myVR Software Site or the myVR Software Services you are consenting to have your personal data transferred and processed in Norway.

Disclaimers
 

The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the myVR Software Services, whether posted or caused by users of the Site, by myVR Software Services, by myVR Software, by third parties or by any of the equipment or programming associated with or utilized in the Site or the myVR Software Services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site or the myVR Software Services and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or the myVR Software Services or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or the myVR Software Services.

The Site and the myVR Software Services may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the myVR Software Services. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the myVR Software Services, any User Content or Third Party Applications, Software or Content posted on or through the Site or the myVR Software Services or transmitted to Users, or any interactions between users of the Site and/or the myVR Software Services, whether online or offline.

THE SITE, THE MYVR SOFTWARE SERVICES, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE MYVR SOFTWARE SERVICES AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR MYVR SOFTWARE SERVICES ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any myVR Software Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability
 

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE MYVR SOFTWARE SERVICES, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE AND/OR THE MYVR SOFTWARE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

Termination
 

The Company may terminate your membership, delete content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the myVR Software Services or the Site or any Platform Application (or any portion, aspect or feature of the myVR Software Services or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and do not have the consent of a parent or legal guardian.

Governing Law, Venue and Jurisdiction
 

By visiting or using the Site and/or the myVR Software Services, you agree that the laws of Norway, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts of Norway, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in Oslo, Norway.

Arbitration
 

YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE OR THE MYVR SOFTWARE SERVICES IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE VISENO SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE MYVR SOFTWARE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Site and/or the myVR Software Services may be arbitrated.

Arbitration under this Agreement shall be conducted in the English language, held in Oslo, Norway, in accordance with the procedural rules of the Norwegian Arbitration Law (Voldgiftsloven). The arbitration shall be held before a panel of three arbitrators, two of which shall be selected by myVR Software and one (who shall be the chairman of the panel) jointly selected by the first two arbitrators. In the event of any failure by myVR Software to appoint its arbitrators within thirty days after the request for arbitration is first given, or the failure by the first two arbitrators to appoint a third arbitrator within thirty days after the appointment of the last of the first two arbitrators to be appointed, such arbitrator or arbitrators shall be appointed by the Oslo City Court. Any award or other decision of the arbitrators shall be final, unappeasable and binding on the parties. A party can make application to any court that has jurisdiction for the enforcement of the arbitration award.

Indemnity
 

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the myVR Software Services or the Site, your conduct in connection with the myVR Software Services or the Site or with other users of the myVR Software Services or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Submissions
 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the myVR Software Services ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Other
 

These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the myVR Software Services, superseding any prior agreements between you and Company relating to your use of the Site or the myVR Software Services. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.