SPACES ARCADE NETWORK
Thank you for your interest in having Santa’s Workshop VR at your facility.
We operate our own centers and build large scale VR attractions as well as make games and experiences.
We are building a network of select VR Arcades who are interested in quality content that is made just for Location Based VR and not sold at home. If that sounds like you then we have a short form for you to fill out and then we can send out the download.
Santa’s Workshop is the result of a two day holiday jam at our Burbank studio. As a gesture of our support for the greater VR Arcade community we are giving it away for free.
Request to Join the Spaces Arcade Network and get Santa’s Workshop for FREE.
The terms for the Santa Experience are simple.
Join the Spaces Arcade Network (free, no cost, no obligations) and we are sending it out to you for free.
It’s up to you if you want to charge for the experience or not.
For this experience we are not asking for a percentage or payment.
You can’t resell it or distribute it. If someone else wants it they have to sign up to get it. You can run it on as many computers at your location as you want.
We ask is the analytics data (ex: how many times it’s played), your feedback on the product, your guests feedback, and at least one photo or video of you running it at your location and permission to use that feedback.
And now for some words from our Legal Elves:
These Terms of Service constitute a binding agreement (“Agreement”) as of the date you accept this Agreement between you (“SPACES, Inc. Arcade Customer” or “you”) and SPACES, Inc. VR ("SPACES, Inc." or “we” or “us”), a Delaware corporation, regarding the terms under which SPACES, Inc. will provide you with access to certain services and content. SPACES, Inc. and SPACES, Inc. Arcade Customer may be referred to herein collectively as “parties” and each individually a “party”.
THIS IS A LEGALLY BINDING CONTRACT. BY ACCESSING OR USING THESE SERVICES OR BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, SPACES, INC. ARCADE CUSTOMER ACKNOWLEDGES AND REPRESENTS THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON ACCEPTING THIS AGREEMENT ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO. THE PERSON ACCEPTING THIS AGREEMENT ON SPACES, INC. ARCADE CUSTOMER’S BEHALF REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO BIND SPACES, INC. ARCADE CUSTOMER TO THESE TERMS. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS CONTRACT AND ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THESE SERVICES. YOU DO NOT HAVE TO ENTER INTO THIS AGREEMENT, BUT IF YOU DO NOT YOU WILL NOT BE PERMITTED TO USE THE SPACES, INC. VR BOOKING FEATURE. YOU UNDERSTAND THAT THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
SPACES, INC. MAY MODIFY THIS AGREEMENT FROM TIME TO TIME. YOU ARE FREE TO CHOOSE TO ACCEPT A MODIFIED VERSION OF THIS AGREEMENT OR NOT, BUT ACCEPTING THIS AGREEMENT, AS MODIFIED, IS REQUIRED FOR YOU TO CONTINUE USING THE SPACES, INC. SERVICES. YOU MAY HAVE TO “ACCEPT” OR “AGREE” TO SHOW YOUR ACCEPTANCE OF ANY MODIFIED VERSION OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFIED VERSION OF THIS AGREEMENT, YOU MUST TERMINATE YOUR USE OF THE SPACES, INC. SERVICES. EXCEPT AS OTHERWISE EXPRESSLY STATED, ANY USE OF THE SERVICES IS SUBJECT TO THE VERSION OF THIS AGREEMENT IN EFFECT AT THE TIME OF USE.
1. Reservation of Rights. This Agreement does not convey to SPACES, Inc. Arcade Customer title or ownership of the Services or any SPACES, Inc. Materials, but only a right of limited use in accordance with the express terms of this Agreement. No other rights, express or implied, are granted herein. SPACES, Inc. reserves all rights, title, and interest in and to the Services, SPACES, Inc. Materials, including all related intellectual property rights and proprietary rights therein.
2. Feedback. For any feedback that SPACES, Inc. Arcade Customer or any of its agents or employees provides to SPACES, Inc. all right, title, and interest in and to, and the right to pursue protection for, such feedback, including any suggestions, recommendations, corrections, improvements, enhancements, and modifications (collectively “Improvements”) to any of the Services, or relating to SPACES, Inc., or the SPACES, Inc. Materials shall vest solely with SPACES, Inc., and SPACES, Inc. Arcade Customer agrees to assign and does hereby assign all such Improvements to SPACES, Inc. without any additional consideration or contribution or acknowledgement.
3. Use of SPACES, Inc. Arcade Customer Name and Statements. SPACES, Inc. Arcade Customer grants SPACES, Inc. a fully-paid, perpetual, transferable worldwide license to list SPACES, Inc. Arcade Customer and use its name, likeness, image, voice, trademark, service mark, and logo and any statements or quotes of SPACES, Inc. Arcade Customer for promotion, trade, commercial, advertising, and publicity purposes, including listing SPACES, Inc. Arcade Customer as a present or past customer (as applicable) of SPACES, Inc. (and its successors and assigns) in any and all media now known or hereafter discovered without notice, review or approval and without additional compensation. CUSTOMER MAY NOT USE SPACES, INC’s NAME, logo, or trademarks without prior written approval.
4. Use of SPACES, Inc. Arcade Customer Data. In addition to the other rights to use data as set forth herein, SPACES, Inc. Arcade Customer grants SPACES, Inc. a fully paid, perpetual, transferable worldwide license to generate, publish and otherwise utilize aggregate and/or anonymized information about any Data relating to SPACES, Inc. Arcade Customer, its Authorized Users, and its Arcade Customers, collectively "data subjects", obtained as a result of this Agreement.
5. Disclaimers and Limitation of Liability.
5.1. DISCLAIMERS. SPACES, INC.’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND THIRD-PARTY MATERIALS AND THIRD-PARTIES UTILIZED BY SPACES, INC. ARCADE CUSTOMER AND SPACES, INC. IS NOT RESPONSIBLE FOR ANY LIMITATIONS, DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. SPACES, INC. ARCADE CUSTOMER’S USE OF THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT SPACES, INC. ARCADE CUSTOMER’S OWN RISK. EXCEPT FOR ANY WARRANTIES BY SPACES, INC. EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES AND SPACES, INC. MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR STATEMENTS OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SPACES, INC. NOR ANY PERSON ASSOCIATED WITH SPACES, INC. MAKES ANY STATEMENT, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SPACES, INC. SERVICES OR SPACES, INC. MATERIALS. WITHOUT LIMITING THE FOREGOING, NEITHER SPACES, INC. OR ANY PERSON ASSOCIATED WITH SPACES, INC. MAKES ANY STATEMENT, WARRANTY, OR REPRESENTATION THAT THE FEATURES AND FUNCTIONS CONTAINED IN THE SPACES, INC. SERVICES OR SPACES, INC. MATERIALS WILL MEET SPACES, INC. ARCADE CUSTOMER’S SPECIFIC REQUIREMENTS OR EXPECTATIONS OR THAT THE OPERATION OF THE SPACES, INC. SERVICES OR USE OF THE SPACES, INC. MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE OR INTEROPERABLE OR COMPATIBLE WITH OTHER SOFTWARE OR SERVICES, THAT DEFECTS WILL BE CORRECTED, THAT THE SPACES, INC. SERVICES OR SPACES, INC. MATERIALS WILL BE UPDATED, UPGRADED OR IMPROVED, THAT THE SPACES, INC. SERVICES, SPACES, INC. MATERIALS, OR SPACES, INC. SYSTEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPACES, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY SPACES, INC. OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS WARRANTIES MADE BY SPACES, INC. IN THIS AGREEMENT.
5.2. LIMITATION OF LIABILITY. IN NO EVENT WILL SPACES, INC., OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, OR EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY DAMAGES WHATSOEVER, INCLUDING: (A) LOSS OF PRODUCTION, USE, BUSINESS, INCOME, REVENUE, PROFIT, OR DIMINUTION IN VALUE; (B) IMPAIRMENT, INABILITY TO USE, LOSS, INTERRUPTION, OR DELAY OF THE SERVICES; (C) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (D) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES (INCLUDING SUCH LOSSES IDENTIFIED IN (A) – (C) OF THIS PROVISION TO THE EXTENT THOSE LOSSES OR PORTIONS THEREOF ARE NOT DIRECT LOSSES), REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF SPACES, INC. AND ITS LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED EITHER $200.00 OR THE AMOUNT OF FEES PAID TO SPACES, INC. DURING THE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM OR ACTION AROSE, WHICHEVER IS LESS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SPACES, INC. ARCADE CUSTOMER SHALL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE SERVICES BY SPACES, INC. ARCADE CUSTOMER, ITS AUTHORIZED USERS, OR ARCADE USERS.
6. Indemnification . SPACES, Inc. Arcade Customer shall indemnify, defend, and hold harmless SPACES, Inc. and its affiliates, and each of its and their respective officers, directors, employees, agents, successors, and assigns (each, a “SPACES, Inc. Indemnitee”) from and against any and all claims, obligations, losses, damages, liabilities, fines, costs, and expenses (including attorney’s fees) arising out of, related to, or incurred as a result of, or in connection with (i) SPACES, Inc. Arcade Customer or its Authorized Users’ breach of this Agreement; or (ii) any third-party claim, action or demand arising out of or related to any act or omission by SPACES, Inc. Arcade Customer, its employees, or SPACES, Inc. Arcade Customer’s Authorized Users’ breach of any representation, warranty, covenant, obligation or duty under this Agreement. For any proceedings or indemnity matters, SPACES, Inc. shall have the right to assume full control of the defense, including any settlement negotiations, with counsel of its own choosing.
7. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
8. Arbitrary Agreement and Jury Trial Waiver, Class Action Waiver, and Forum Selection Clause . If you are a resident of the United States (including its possessions and territories), you agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and SPACES, Inc. or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures ”).
In the case of arbitration and where permitted by law, you are thus agreeing to give up your right to go to court to assert or defend your rights your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
In the case of arbitration and where permitted by law, you and SPACES, Inc. must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR SPACES, INC. MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, SPACES, Inc. will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) SPACES, Inc. also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Oklahoma in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Oklahoma for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Oklahoma.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.