VUE360 TERMS OF SERVICE
Last Updated: August 1, 2016
Welcome to the Vue360 platform, a virtual reality video management and hosting platform operated by Vue360, Inc. (“Vue360” “we,” “our,” or “us”). Please read these Terms of Service carefully before accessing the Vue360 website or application or using any of the Vue360 services. The following policies, notices, terms, and conditions are subject to change from time to time. These Terms of Service are a legal agreement between you and Vue360 governing your access to and use of the Vue360 website, application, and/or services.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time, such as to reflect updates to the Vue360 Service or to reflect changes in the law. If we change the Terms of Service, we will provide you notice, such as by sending an email, posting a notice on the Vue360 Service, and/or updating the "Last Updated" date above. Please check these Terms of Service and any Guidelines periodically for those changes. Your continued use of the Vue360 Service after the posting of changes constitutes your binding acceptance of such changes. We will always make a reasonable effort to notify you if we do change these Terms of Service.
We provide, via the Vue360 website and application, virtual reality video management and hosting services, as well as related services, software applications, networks, and content, as well as any other sites, applications, or services we authorize and that link to these Terms of Service (collectively the “Vue360 Service”). Other services offered by us may be subject to separate terms, in which case we will provide those terms separately to you.
The Vue360 Service may include content from and links to third party websites not owned or operated by us. Because we have no control over third-party online services including, without limitation, unaffiliated websites, you acknowledge and agree that we are not responsible for such online services and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such online services or your interactions with such third party services. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from any third party online services. Third party online services are subject to separate terms, conditions, policies and procedures established by the owners or operators thereof.
You must be more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and to abide by and comply with the Terms of Service. If you are an emancipated minor or possess legal parental or guardian consent, you, or your parent or guardian, affirm that you are over the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the Vue360 Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE VUE360 SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE.
We reserve the right to refuse use of the Vue360 Service, in whole or in part, to anyone for any legal reason at any time. We may, but have no obligation to, remove any content containing content that we determine in our discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable. For more information about our content policies, please read our Community Guidelines page.
We will remove any content that violates any party’s intellectual property, provided we receive sufficient notification such as, but not necessarily limited to, a DMCA takedown notice. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time and at its sole discretion, without prior notice. We do not warrant that the Vue360 Service will be uninterrupted, timely, secure, or free of errors.
You represent, warrant, and agree that you will not:
The Vue360 Service is owned and operated by Vue360. Unless otherwise indicated, all Content and other materials on the Vue360 Service, including, without limitation, Vue360’s logos and trademarks, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States intellectual property laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Vue360 Service are the proprietary property of Vue360, its subsidiaries, its affiliated companies, and/or its third-party licensors. All trademarks, service marks, and trade names are proprietary to Vue360, its affiliates, and/or third-party licensors. Vue360 reserves all rights not expressly granted in these Terms of Service.
You are granted a limited, non-sub-licensable license to access and use the Vue360 Service for your personal or internal business use only and subject to these Terms of Service.
This license does not include (a) any resale or commercial use of the Vue360 Service or Materials; (b) any derivative use, distribution, public performance, or public display of the Vue360 Service or Materials except as permitted by fair use; or (c) any use of data mining, robots, or similar data gathering and extraction services. The Vue360 Service and Materials, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without our prior express written consent in each instance.
For rights associated with user-submitted content such as uploaded videos and comments, please see the following section.
In order to access certain features of the Vue360 Service, you will have to create a Vue360 Account. You may not use another user’s account without that user’s explicit permission. You are solely responsible for any activity that occurs on your own Vue360 Account. You must keep your password secure and must notify us immediately of any breach of security or unauthorized use of your account, as well as change your account password, if able.
We allow Vue360 Account holders to upload authorized digital content, including pre-recorded virtual reality videos for playback with virtual reality devices (collectively, “User Content”).
You retain all of your ownership rights and licenses in your User Content. However, by submitting User Content to Vue360, you hereby grant Vue360 a worldwide, nonexclusive, royalty-free, perpetual, sub-licensable, irrevocable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, prepare derivative works of, display, and perform your User Content, in any form, format, media, or media channels now known or later developed or discovered, in connection with the Vue360 Service and Vue360’s business. If you delete your User Content, the above licenses granted by you will terminate after a commercially reasonable time to permit our winding down of any licensed uses of the deleted User Content. Notwithstanding said termination of license after deletion, you understand and agree that we may retain — but not display, distribute, or perform — server copies of your User Content that has been removed or deleted, such as, for example, for caching or archival purposes.
You agree that User Content you submit will not contain any third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner or owners of the material or are otherwise legally entitled to post the User Content and to grant Vue360 all of the license rights stated herein.
Because Vue360 is a publicly visible content sharing platform, we do not guarantee any confidentiality with respect to any User Content you submit.
You are solely responsible for your User Content and the consequences of posting or publishing it. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit.
You agree that any User Content you submit comports and is not contrary to the Community Guidelines or to any applicable local, national, and international laws and regulations.
You agree that your User Content will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising ("FTC Guidelines"), available at: http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf).
For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Vue360 Service, or if you are an employee of a company and you decide to discuss or promote that company's products or services through the Vue360 Service, you agree to comply with the FTC Guidelines' requirements for disclosing such relationships.
We will terminate your Vue360 Account and/or your access to the Vue360 Service if you are determined to be a repeat infringer.
We reserve the right to decide whether User Content violates these Terms of Service for reasons stated in the Community Guidelines, including but not limited to pornography or obscenity, determined at our sole discretion. We may at any time, without prior notice, and at our sole discretion, remove such User Content and/or terminate a Vue360 Account for submitting such material in violation of these Terms of Service.
You may elect to terminate your own account by means of account deletion. To delete your account, please e-mail email@example.com.
We respect content creators’ rights. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s designated agent. If you believe in good faith that we should be notified of a possible online copyright infringement via the Vue360 Service, please file a notification with our Designated Agent as set forth below.
Vue360 Customer Service
9459 Appleton Ct.
Brentwood, TN 37027
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA, set forth in 17 U.S.C. Sec. 512(c)(3). and to consult with a legal advisor before sending your notice of claim. You should note that there are be penalties for false claims under the DMCA, including your liability for any damages, including costs and attorneys’ fees, incurred by us or by the alleged infringer as a result of reliance upon any misrepresentation resulting in the removal or disabling of access to the material claimed to be infringing. Furthermore, we are not obligated to remove posts that do not violate your valid copyright or are otherwise deemed fair use.
It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate any accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. A repeat infringer subject to termination includes without limitation any user who has been notified by us of infringing activity violations more than twice and/or has had any user-submitted content removed from the Vue360 Service more than twice. We reserve the right to terminate the accounts of any users who infringe any intellectual property rights of others regardless of repeat infringement (i.e. upon any “first strike”).
If you are a Vue360 Account holder and have had User Content removed or disabled pursuant to a third-party DMCA, and you believe your User Content is not infringing or otherwise have appropriate authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member, or user, the removed User Content may be replaced, or access to it restored, after receipt of the counter-notice at our sole discretion.
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION: IN NO EVENT SHALL VUE360, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE VUE360 SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM VUE360 SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH VUE360 SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VUE360 SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT VUE360 SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Vue360 Service is controlled and offered by Vue360 from its facilities in the United States of America. We make no representation that the Vue360 Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Because European Union data access and privacy laws differ significantly from the rest of the world, the Vue360 Service is not provided to or intended for use by citizens of the European Union at this time.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Vue360, and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to costs and attorneys’ fees) arising from: (a) your use of and access to the Vue360 Service; (b) your violation of any term of, or breach of any covenant, representation, or warranty made by you pursuant to, these Terms of Service; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Vue360 Service.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
(A) THE VUE360 SERVICE AND ASSOCIATED USER CONTENT AND MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY VUE360;
(B) VUE360 DISCLAIMS ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE VUE360 SERVICE, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN;
(C) VUE360 DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE VUE360 SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE;
(D) VUE360 IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VUE360 OR THROUGH THE VUE360 SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
These Terms of Service shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between you and Vue360 that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Davidson County, Tennessee. These Terms of Service, together with incorporated documents, shall constitute the entire agreement between you and Vue360 concerning the Vue360 Service.
If any provision of these Terms of Service is deemed invalid or unenforceable under applicable law by a court of competent jurisdiction, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, or, at the option of Vue360, shall be construed in a manner to closely reflect, as much as possible, the intentions of the parties, and the remainder of the Terms of Service shall govern such use. If any of the policies, notices, terms or conditions in these Terms of Service shall be deemed invalid, void, or unenforceable for any reason, then such policy, notice, term, or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining policy, notice, term, or condition
Vue360’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Vue360 without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and will not be deemed to limit or affect any of the provisions of it.
YOU AND VUE360 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VUE360 SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.