1. The Alpha VR Site
2. Eligibility/Authority to Contract
In order to post Content to the Alpha VR site, you must be eighteen (18) or over and/or otherwise legally eligible to contract. By using this Service you represent and warrant that you meet this criteria. If you are creating an account for a corporate entity, you represent and warrant that you are legally authorized to represent that entity and bind it to these Terms. If you are not so authorized, you agree to be held personally responsible for all obligations inherent in these Terms, including all account payment obligations.
3. Independent Parties
The parties to these Terms are independent entities and this agreement does not form a partnership, sales representative relationship, joint venture, agency relationship or employment relationship of any kind. You agree not to represent to any third party that you have any authority to act on behalf of Alpha VR.
In order to post Content to this site, you will have to create an account. You represent and warrant that all information you submit when you create your account is true, complete and current to the best of your knowledge. You agree to update your account information as needed to keep it true, complete and current at all times. If at any time your account information is deemed to be inaccurate, out of date or incomplete, Alpha VR reserves the right to suspend or terminate your account without further notice to you. You agree to notify Alpha VR immediately of any unauthorized use of your account or breach of security.
5. Restrictions on Activities
You agree not to make use of the Service for any activity: (a) that is unlawful (whether criminal or tortious) under the laws of any jurisdiction to which you or Alpha VR are subject; (b) that constitutes competition with the Service or misappropriates the Service, including, but not limited to deep linking and framing; (c) that involves gaining unauthorized access to other computers, networks or the account of another user; or (d) that interferes with the operation of the Service or places an undue burden on it.
6. Restrictions on Content
You agree not to make use of the Service to post or transmit any Content that: (a) is unlawful under the laws, statutes, ordinances, or regulations ("Laws") of any jurisdiction to which you or Alpha VR are subject; (B) promotes activity that is unlawful under the Laws of any jurisdiction to which you or Alpha VR are subject; (c) is harmful, threatening, advocating violence, harassing, defamatory, invasive of the privacy of another, or obscene, all as determined by Alpha VR in its sole discretion; (d) includes insider information or any other proprietary or confidential information; (e) is an infringement of any patent, trademark, copyright, trade secret or other intellectual property right; (f) is falsified, deceptive, or misleading, including without limitation any attempt to disguise the origin of the Content; (g) holds Alpha VR or any of its affiliates, employees, or members up to public scorn or ridicule; or (h) contains or transmits any viruses or other computer programs or mechanisms of any kind that damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree that Alpha VR reserves the right to determine, in itâ€™s sole discretion, whether any Content violates these Terms and to remove or block access to any such Content without prior notice to you.
7. Representations About Content
You agree to be responsible for all Content posted to the Service under your username or password. You agree to be solely responsible for the security of your account information and for all activity that occurs on your account, whether authorized by you or not. You represent and warrant that you are either the owner of any Content posted under your username and password on the Service, or that you have all the rights necessary to grant the license set out in Section 8 of these Terms. You agree to pay any royalties or other sums owing to any third party for Content posted by you or under your password and to indemnify and hold Alpha VR harmless from any claims, costs, or liability incurred as a result of your posted Content. You agree to back up your user Content. Alpha VR does not warrant that it backs up any account information or Content and you accept the risk of losing any Content you have not backed up.
8. License to Content
You retain all ownership rights in any Content posted or transmitted by you through the Service to which you are entitled by law, and Alpha VR does not claim any ownership rights in any Content posted or transmitted by you through the Service. However, when you post Content to the Service, you grant Alpha VR a nonexclusive, worldwide, perpetual, fully paid, royalty-free license to use, distribute, reproduce, modify, adapt and publicly display or perform such Content in the manner contemplated by the functionality of the site and these Terms. This includes, without limitation, the promotion and redistribution of all or part of the Content in any media formats and through any media channels of any kind, without restriction and without payment or consideration of any kind, or permission or further notification to you or any third party. This license terminates within a commercially reasonable time after you remove or delete the Content from the site.
9. Monitoring of Content
Alpha VR undertakes no duty to monitor user Content. However, Alpha VR reserves the right to perform such monitoring and the right (but not the obligation) to reject or remove any Content that it determines, in its sole discretion, is in violation of these Terms.
10. Alpha VR Site Intellectual Property
Other than Content posted by users, all content of the Alpha VR Service is the property of Alpha VR, or licensed to Alpha VR and is protected by United States and international copyright and other intellectual property laws. The compilation of such content is the exclusive property of Alpha VR and is likewise protected by United States and international copyright laws.
11. Fees and Payment
A current fee schedule for uploading Content will be published on the site. You agree to be responsible for any fees due on your account. All fees are non-refundable unless otherwise expressly noted, even if your account has been suspended, terminated or transferred. Alpha VR reserves the right to change or modify its prices and fees at any time and such changes will be effective immediately upon posting to the website without further notice. Access to your account and the Service may be suspended or terminated due to non-payment of fees. If you choose to prepay for a block of credits to be deducted from as images are uploaded to your account, you agree that prepaid funds will be held by Alpha VR, will not be segregated, and will not accrue interest for your benefit. To the extent that interest does accrue, you agree that such interest is the property of Alpha VR.
You agree to be solely responsible for all sales, use or other taxes of any kind arising from your use of the Alpha VR Service.
13. Termination of Service
You agree that Alpha VR, in it sole discretion, may terminate your password, account (or any part thereof), or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that Alpha VR will not be liable to you for any termination of your access to the Service.
You agree to defend, indemnify and hold harmless Alpha VR and its members, managers, employees and agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind imposed upon or incurred by Alpha VR directly or indirectly arising from: (a) your use and access of the site or Services; (b) your violation of any provision of these Terms; and/or (c) your violation of any third-party right, including, without limitation, any intellectual property or other proprietary right. The indemnification obligations under this section survive any termination or expiration of these Terms or your use of Alpha VR Services.
15. Copyright Notice and Takedown Policy
Alpha VR values its intellectual property rights and respects the intellectual property rights of others. We will not tolerate intellectual property rights violations and repeat offenders will have their accounts terminated.
If you are a copyright owner and you believe your work has been copied and used improperly on Alpha VRâ€™s Service, please contact our copyright compliance officer. Your takedown notice should include all of the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) description of the work you claim has been infringed and the location of the alleged infringement on the Alpha VR Service; (c) your contact information including address, telephone number and email address; (d) a written statement that you have a good faith belief the accused usage is infringing; and (e) a statement by you "under penalty of perjury" that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
To request we remove Content from the site or to register complaints regarding Content, email: [email protected]
16. Disclaimer of Warranties
ALPHA VR MAKES NO WARRANTY, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF THIS AGREEMENT. ALPHA VR DOES NOT WARRANT THAT THE SITE AND SERVICES WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, SECURE OR VIRUS-FREE.
17. Limitation of Liability
ALPHA VR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE AND THE SERVICES AT THIS SITE, INCLUDING, BUT NOT LIMITED TO, INTERRUPTED COMMUNICATIONS, LOST DATA, LOST PROFITS, LOSS OF PRIVACY OR DAMAGES TO A THIRD PARTY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER THE CLAIMS ARE BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE.
No waiver of any violation or nonperformance of these Terms in one instance will be deemed a waiver of any subsequent violation or nonperformance. All waivers must be in writing.
If any provision of these Terms is found to be unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
20. Governing Law
These Terms will be governed by and construed in accordance with the laws of the state of Oregon, U.S.A., excluding Oregonâ€™s conflict-of-laws principles if they would require the application of the laws of another state. The parties agree that any claim asserted in any legal proceeding by one party against the other will be commenced and maintained exclusively in state or federal court located within the state of Oregon. Both parties herby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.
21. Force Majeure
You acknowledge that delivery of the Service is dependent upon use of the internet through a third party internet service provider and that Alpha VR has no control over the delivery of such service. Any delay, interruption, or loss of service or data will not be considered a breach of this Agreement if the delay is caused by the internet service provider, a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of Alpha VR.
22. Rules of Construction
The descriptive headings in these Terms are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of the Terms. The parties to these Terms do not intend that any other person will obtain any rights as third-party beneficiaries of this agreement.
23. Injunctive and Other Equitable Relief
You agree that the remedy at law for breach or threatened breach of these Terms by you would, by its nature, be inadequate, and that in that event Alpha VR will be entitled, in addition to damages, to a restraining order, temporary or permanent injunctive relief, specific performance and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained.
24. Entire Agreement
This is the entire agreement between the parties with respect to the Alpha VR Service. It supersedes all prior or contemporaneous agreements, understandings, or representations. Any amendment to this agreement must be in writing, must reference this agreement and must be signed by both parties.
25. Alpha VR Unsolicited Idea Submission Policy
Alpha VR or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("submissions") in any form to Alpha VR or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes whenAlpha VRâ€™s products or marketing strategies might seem similar to ideas submitted to Alpha VR. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.
26. Terms of Idea Submission
You agree that: (1) your submissions and their contents will automatically become the property of Alpha VR, without any compensation to you; (2) Alpha VR may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation forAlpha VR to review the submission; and (4) there is no obligation to keep any submissions confidential.
27. Product Feedback
Alpha VR does, however, welcome your feedback regarding many areas of Alpha VRâ€™s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at http://www.AlphaVR.com/resources/productfeedback or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on Alpha VRâ€™s existing products or marketing strategies; do not include any ideas that Alpha VRâ€™s policy will not permit it to accept or consider. Itâ€™s just one more way that Alpha VR can learn how to best satisfy your needs.
28. Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Alpha VR shall be free to use such information on an unrestricted basis.