TERMS OF SERVICE
(POSTED May 3rd, 2016)
Welcome to BinaryVR, Inc. (“BinaryVR” or the “Company”). These Terms of Service (“Terms”) set forth the terms and conditions under which individuals may use our services provided therein (“service” or “services”) which are owned and operated by the Company.
2. ACCEPTANCE OF TERMS
By using our services or products, you agree to be legally bound by the Terms and all terms and conditions contained or referenced herein, and any additional terms and conditions set forth on the website. If you do not agree to the Terms, you should not use our services.
3. ACCESS AND SERVICES
Your access to the service depends on the level of access you select. You may stop using our service at any time. BinaryVR reserves the right to modify, suspend, or terminate access to our service at any time for any reason without notice. We also reserve the right to delete all program and data files associated with you and/or other information you have on our system.
4. SYSTEM RULES
You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below or in bulletins posted at various points in the system, may result in termination of your service.
· You will not duplicate, distribute, or commercially use any content owned by the Company without prior approval, or otherwise infringe upon the proprietary rights of the Company or other users;
· You will not intentionally disrupt the service or transmit any information which may disrupt the service;
· You will not engage in any activities otherwise prohibited by these Terms or applicable laws and regulations; and
· You will remain responsible for the content you create, upload, post, send, or store through the service.
5. PRIVACY CONSIDERATIONS
BinaryVR honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our services any infringing material that we become aware of.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, you may file a notice with our designated agent:
Attn: Copyright Agent
533 Airport Blvd, Suite 315
Burlingame, CA 94010
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
identify the copyrighted work claimed to have been infringed;
identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
provide your contact information, including your address, telephone number, and an email address;
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
7. DATA CHARGES AND MOBILE PHONES
You are responsible for any mobile charges that you may incur for using our services, including data charges. If you're unsure what those charges may be, you should ask your service provider before using the services.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL BINARYVR OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT, OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, OR THE CONTENT THEREIN, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE COMPANY AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE, EXCEED THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
You agree to indemnify and hold harmless the Company, its affiliates, subsidiaries, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors, and assigns, from and against any damages, liabilities, costs, and expenses (including reasonable attorneys' fees, professionals' fees, and litigation costs) that arise out of the posting, content, or transmission of any message, data, material, or any other user content you shared or any violation of these Terms by you. In the event of any complaint or legal action arising from any message, or any other user content shared by you, the Company reserves the right to reveal your identity and any other information the Company may have about you.
The information and materials contained in our services or products, including text, graphics, information, links or other items are provided "as is" and "as available." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THIS INFORMATION OR THESE MATERIALS; (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY; (3) WARRANT THAT YOUR USE OF OUR SERVICES OR PRODUCTS WILL BE SECURE, FREE FROM VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
BINARYVR TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
11. TERMINATION AND RESTRICTIONS ON USE
BinaryVR reserves the right in its sole discretion to terminate your access to our service at any time for any reason without notice. We also reserve the right to delete all data files associated with you and/or other information you have on our system.
You reserve the right to stop using our service at any time for any reason by deleting our products. Upon termination, all data files associated with you and/or other information you have on our system will be deleted.
12. CHOICE OF LAW
You agree that these Terms shall be governed by and construed in accordance with the laws of the State of California. You agree to the exclusive jurisdiction of the courts in San Mateo County, California, USA with respect to any disputes, claims, or causes of action arising out of, relating to; or in connection with these Terms or use of our service, including any disputes relating to the existence or validity of these Terms, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of San Mateo County, California, USA.
If any provision of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
14. NO WAIVER
No failure on the part of the Company to enforce any part of these Terms shall constitute a waiver of any of the Company' rights under these Terms, whether for past or future actions on the part of any person. Neither the receipt of any funds by the Company nor the reliance of any person on the Company' actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of the Company shall have any legal effect whatsoever.
The headings of the sections of the Terms herein are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms.
By using our service, you acknowledge and agree to be legally bound by these Terms of Service and all terms and conditions contained or referenced herein, and any additional terms and conditions set forth on our website.