By using any one of PlusOne Inc., product you are indicating your acceptance of the terms and conditions of this agreement. This includes release of liability, waiver of claims, assumption of risk and indemnity agreement. By agreeing to the terms laid out in this document you will waive certain legal rights, including the right to sue.
1. I wish to use a product created by PlusOne Inc. and I recognize and understand that using Virtual Reality involves certain risks. Those risks include, but are not limited to, the risk of injury resulting from possible malfunction of the equipment, possible negative reactions to virtual reality including but not limited to feelings of nausea, dizziness, and disorientation, and possible transmission of contagious conditions due to use of the equipment used in the demos. I further understand and acknowledge that since virtual reality is a new technology, there may be unknown and non obvious risks associated with the technology.
2. Despite these and other risks, and fully understanding such risks, I wish to use the product created by PlusOne Inc. and hereby assume the risks associated with the activity. I also hereby hold harmless the "Organizers,” hosting institution (s), and PlusOne Inc., and indemnify them against any or all claims, actions, suits, procedures, costs, expenses (including attorney's fees and expenses), damages and liabilities arising out of, connected with, or resulting from my use of the PlusOne Inc. product, including without limitation, those resulting from the manufacture, selection, delivery, possession, use or operation of such equipment. I hereby release the "Organizers,” hosting institution (s), and PlusOne Inc. from any and all such liability, and I understand that this release shall be binding upon my estate, my heirs, my representatives and assigns. I hereby certify to the "Organizers,” hosting institution(s), and PlusOne Inc. that I am in good health and do not suffer from a heart condition, contagious dermatological condition, or other ailment which could be exacerbated by participation in the activity, or pose a risk to other attendees of the event.
In consideration of using a PlusOne Inc. product or website, I hereby agree as follows:
1. To waive any and all claims that I have or may in the future have against the event "Organizers,” hosting institution (s), and PlusOne Inc. (all of whom are hereinafter collectively referred to as "the Releasees");
2. To release the Releasees from any and all liability for any loss, damage, injury or expense that I may suffer or that my next of kin may suffer as a result of my participation in the activity, due to any cause whatsoever, including negligence on the part of the Releasees;
3. To hold harmless and indemnify the Releasees from any and all liability for any damage to property of, or personal injury to, any third party, resulting from my participation in the activity; and
4. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death;
5. To assign to PlusOne Inc. all rights to use any photograph or video of me taken related to using the PlusOne Inc. product.
6. To use all PlusOne Inc. products in a responsible manner and for the sole purpose it is intended for. This includes but is not limited to restrictions against publishing any website or product material in any other media; selling, sublicensing and/or otherwise commercializing any Website or product material; using PlusOne products or website in any way that is or may be damaging to Plusone; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to PlusOne products or Website; using PlusOne products or Website to engage in any advertising or marketing.
7. That PlusOne Inc. products and website are provided “as is,” with all faults, and express no representations or warranties, of any kind related to this product or Website or the materials contained within. Also, nothing contained in this product or website shall be interpreted as advising you.
8. To only use a PlusOne Inc. product once I have paid the required subscription fee. I understand, PlusOne Inc. may cancel, suspend or block my ability to use the PlusOne Inc. product or website for any other reason solely at the discretion of PlusOne Inc, including but not limited to unpaid subscription fees, violation of this agreement and/or the specific restrictions mentioned in clause 6.
9. To only use and upload content into PlusOne, Inc. products that you have the explicit right to do so. Should any legal challenges, including but not limited to copyright infringement occur, you agree to fully indemnify PlusOne, Inc. from any and all liability and agree to take full legal responsibility for all content that is uploaded by you PlusOne, Inc. products. PlusOne, Inc. makes every effort to ensure copyright of all 3rd party content publishers is respected to the fullest extent of the law.
10. To grant PlusOne explicit and unrestricted permission to collect, store and use information gathered while using any PlusOne, Inc. product in anyway PlusOne, Inc. deem useful or necessary. This includes, but is not limited to User Profile, User Personal Information, User Journey, User Assessment Scores, Web Analytics, Virtual Reality HMD Experience Analytics, Content and Translation Data.
11. To accept that at times, for circumstances outside the control of PlusOne, Inc. certain products may not function as portrayed or expected. While PlusOne, Inc. makes every attempt to deliver only the best products, given the technology in use, due to an array of possibilities including, but not limited to the speed of internet, the area in which the product is being used and the manner in which the product is being used, the product may not function as expected. By using the product you accept such issues and agree to not hold responsible PlusOne, Inc. for any user experience issues.
12. PlusOne, Inc. is committed to respecting children's privacy. We make every effort to ensure Classroom is safe for use by children and we commit to not collect personal information from anyone we have actual knowledge is under the age of 13, without their parent's consent. With parental consent, we will collect, use and share information collected from or about children in accordance with the law.
13. PlusOne Inc. is permitted to revise these Terms at any time as it sees fit, and by using this product or website you are expected to review these Terms on a regular basis.
14. These Terms constitute the entire agreement between PlusOne Inc. and you in relation to your use of this product or website, and supersede all prior agreements and understandings. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
15. These Terms will be governed by and interpreted in accordance with the laws of the State of Delaware, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any disputes.