Terms of use

 

TERMS OF USE

1.       Introduction

These terms of use (“Terms of Use”), as amended from time to time, are a legal agreement between SABH’s Big Adventure, Inc., its affiliates and any of their respective successors or assigns (“Spaces,” “we” or “us”) and you regarding your use of Spaces’ websites the other current and future online and mobile websites, platforms, services, applications, and networks owned or operated by Spaces (collectively, the “Services”).  

The Services are offered to you by Spaces and Spaces’ development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third-Party Providers”).  Your access to and the use of the Services is subject to your acceptance of the terms, conditions, policies and notices contained in these Terms of Use.  Your access to and use of the Services constitutes your acceptance, without modification, of these Terms of Use and also our Privacy Policy, located [here], and which is incorporated into these Terms of Use.    

In addition, we may require your express acceptance to these Terms of Use when you register to access and use the Services.  If you do not agree to be bound by these Terms of Use or the Privacy Policy, then you are not permitted to use or access the Services.

IMPORTANT NOTICE:  UNLESS YOU CHOOSE TO OPT-OUT AS PROVIDED FOR IN SECTION 21, THESE TERMS OF USE INCLUDE AN AGREEMENT TO BINDING ARBITRATION OF CERTAIN DISPUTES AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS.   READ SECTION 21 BELOW CAREFULLY.

2.       Grant Of Limited License To Use The Services

Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited non-exclusive, non-transferable, revocable license during the term of these Terms of Use to access and use the Services solely as permitted in the Terms of Use.  

ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TERMS OF USE ARE RESERVED BY Spaces.  Spaces has the right at any time for any reason or no reason to change and/or eliminate any aspect of the Services.  Your right to access and use the Services is provided at our discretion, and your account may be suspended or terminated at any time and for any reason. Only individual persons may apply for registration, and organizations or companies are not eligible to register for Services without the express written permission of Spaces, which it may withhold in its discretion.

Spaces reserves the right to suspend or interrupt all or any aspect of the Services from time to time with or without prior notice, for any reason including, without limitation, in order to perform maintenance. You acknowledge that the Services may also be interrupted for reasons beyond the control of Spaces and Spaces cannot guarantee that you will be able to access the Services or your User Account (as defined below) whenever you may wish to do so.

3.       Eligibility

You are only eligible to register for certain Services if you meet certain requirements as set forth at the time of registration. If you do not meet such requirements, then you may not register for Services. It is Spaces’ priority to ensure the safety and privacy of all its visitors, users and members of the Service, especially that of children. Accordingly, children under the age of 13 are prohibited from creating User Accounts (as defined below) and otherwise using the Service. The Service and our offerings are not targeted towards children under the age of 13. All individuals who wish to participate in the virtual reality experiences that we offer at virtual reality entertainment centers and other venues are required to establish a User Account. Since children under the age of 13 are not allowed to create their own User Account, a parent or legal guardian may create a User Account for himself/herself that additionally identifies the name of one or more minor(s) under their legal control. While the inclusion of the name of a minor(s) on the User Account of a parent or legal guardian will be sufficient to enable the applicable minor(s) to access virtual reality experience(s) (subject to any other conditions of admittance, including the provision of a Release of Liability ("Acknowledgement and Express Assumption of Risk and Release of Liability") signed by a parent or legal guardian), the parent or legal guardian expressly agrees that the applicable minor(s) will not otherwise be allowed to access the User Account of the parent or legal guardian or access any of the Services offered to members.  

4.       User Account 

Certain content and Services that Spaces may offer or that you may wish to access will require that you first register with Spaces and create an account (“User Account”), although many Services are accessible without the requirement of a User Account. These Terms of Use apply equally to your access to and use of the Services without establishing a User Account as well as your access to and/or use of the Services for which a User Account is required.

a.       Establishing a User Account

To establish a User Account, you may be required to provide Spaces with certain personal information, including without limitation, your first and last name, date of birth, e-mail address, account information for certain third-party sites or networks such as Facebook or Twitter, phone numbers (including cell phone numbers), mailing address and zip code that may be used to identify you as an authorized user of the Service. You agree that you will supply accurate information to Spaces when requested, and that you will update that information promptly if it changes. Spaces reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information.

b.       Login Information

During the registration process, you may be required to select a username and a password (collectively, “Login Information”). It is important that you remember your Login Information and that you keep your Login Information in a safe and secure offline location. You may not share or transfer your User Account or the Login Information with anyone other than as expressly set forth in these Terms of Use. You are responsible for protecting the confidentiality of the Login Information, and you will be responsible for all use of your User Account accessed with your Login Information, whether or not authorized by you. Any unauthorized access, use, distribution or transfer of your User Account or Login Information may result in suspension, termination, or cancellation of your User Account and your access to and use of the Services.

c.       Security of Your User Account and Login Information.

In the event that you become aware of or suspect unauthorized use of your User Account or Login Information or any other breach of security, you agree to immediately notify Spaces of such use pursuant to the Notice provision below, and ensure that you secure your User Account, Login Information and computer from unauthorized access and use. Once we are notified of any unauthorized use or breach of security, we will attempt to reset your Login Information, which may require you to provide us with a new username or password. In accordance with our Privacy Policy, we have implemented technical, administrative and physical security measures to help safeguard and prevent unauthorized access, use or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of Third-Party Providers that we may use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. To the extent allowed by law, Spaces hereby disclaims any liability for security breaches, access to or disclosure of your personal information or the unavailability of the Service or any delay or failure to perform resulting from any causes whatsoever.

d.       No Ownership of Your User Account.

YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SPACES.

5.       Code of Conduct

Your use of the Services is governed by certain rules (the “Code of Conduct”) maintained and enforced by or on behalf of Spaces and to which you (and all users) must adhere. It is your responsibility to know, understand and abide by the Code of Conduct. The following rules are not meant to be exhaustive. In addition to the conduct specified below, Spaces reserves the right, in its discretion, to take disciplinary or other measures as it sees fit in response to conduct that it deems unacceptable, including, without limitation, deleting or altering any username or suspending, terminating, or cancelling your User Account and your access to and use of the Services, or terminating any license granted in these Terms of Use, for any reason whatsoever. Spaces reserves the right to modify the Code of Conduct at any time.

a.       Unacceptable Online Conduct

Any attempt by you to disrupt, or encourage or promote the disruption of the Services may be a violation of criminal and civil laws. You agree that you will not violate any applicable law, rule or regulation in connection with your use of the Services, nor will you interrupt or attempt to interrupt the operation of the Services in any way, including without limitation, the following:

                                                               i.      use any unauthorized third-party that intercepts, or otherwise collects, information from or through the Services;

                                                             ii.      modify or cause to be modified any files that are a part of the Services in any way;

                                                           iii.      facilitate, create or maintain any unauthorized connection to the Services; or

                                                           iv.      disrupt or assist in the disruption of any computer used to support the Services or another individual’s access to or use of the Services.

 

b.       Username Rules

Spaces may change your username, block your registration, remove your username from all aspects the Service, and/or suspend or terminate your access to the Service if Spaces determines, at its discretion, that your username is contrary to the terms of these Terms of Use, including, without limitation, the requirements set forth in this Section 5. You may not use any name:

                                                               i.      that belongs to another person with the intent to impersonate that person or that may mislead others to believe you to be the other person or an employee of Spaces;

                                                             ii.      that uses vulgar or insulting language, or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or religiously charged, or other language Spaces considers objectionable;

                                                           iii.      that belongs to a popular culture figure, character, celebrity, media personality or any other name protected by a third-party’s trademark(s), service mark, publicity rights or other proprietary rights;

                                                           iv.      that is, contains, or is substantially similar to, a trademark or service mark, whether registered or not; or

                                                             v.      that is related to drugs, sex, alcohol, or criminal activity.

 

6.       Ownership

Nothing contained in these Terms of Use shall be construed as conferring any license or right, by implication, estoppel or otherwise without the written permission of Spaces. You acknowledge that all rights, ownership, intellectual property and title in and to the Services, including without limitation any User Accounts, Login Information, titles, trademarks, trade names, service marks, moral rights, computer code, themes, objects, catch phrases, locations, concepts, artwork, animations, sounds, music, video, photographs, opinions, images, text, audio-visual effects, or methods of operation and any documentation related to any of the aforementioned items (collectively, “Materials”) are owned and controlled by Spaces or its Third Party Providers. You may not use, copy, reproduce, create derivative works from, perform, publicly display, adapt, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, license, distribute or exploit, in any way whatsoever, the Materials contained in the Services without the express written permission of Spaces or its Third-Party Providers, as applicable. Any modification of the Materials or any portion thereof, or unauthorized use of the Materials for any other purpose, constitutes an infringement of Spaces’, or its Third-Party Providers’, copyrights and other proprietary rights and, for clarity, nevertheless are created for Spaces or its Third-Party Providers’ sole and exclusive benefit, and are owned and controlled by Spaces or its Third-Party Providers.

You will retain ownership of any materials you may submit (e.g., by uploading or transmitting) via the Services (“User Content”), and Spaces shall have a nonexclusive, irrevocable license to, throughout the universe and in perpetuity, use, copy, reproduce, create derivative works from, perform, publicly display, adapt, translate, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, sublicense, distribute or exploit, in any way or purpose whatsoever, any User Content, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Content. You also give up and agree to never assert any claim that any use by Spaces or its Third-Party Providers of any Materials or User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights of publicity, proprietary rights, or rights to credit for the material or ideas set forth therein.

7.       Digital Millennium Copyright Act

 

a.       We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:

 

                                                               i.      provide your physical or electronic signature;

                                                             ii.      identify the copyright work that you believe is being infringed;

                                                           iii.      identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;

                                                           iv.      provide us a way to contact you, such as your address, phone number or email address;

                                                             v.      provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and

                                                           vi.      provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.

 

b.       Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:

SABH’s Big Adventure, Inc.
Attn: DMCA Agent
[Address]
Email:

8.       Third Party Websites

When accessing and using the Services, you may be directed to third party or external websites that are not affiliated with Spaces (“Third Party Websites”). Spaces and its Third-Party Providers are not responsible for the availability of Third-Party Websites, and do not endorse, and are not responsible or liable for any content, advertising, products, or other materials contained on Third-Party Websites. Spaces has no control over Third-Party Websites and therefore your access to any Third-Party Websites is at your own risk. Spaces and its Third-Party Providers 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, inability to use, or reliance on any content, advertising, products, or other materials contained on Third - Party Websites. We recommend that you carefully review any terms and conditions, privacy policies and any other legal documents that may be contained on any Third - Party Websites.

9.       Submissions

If you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of Spaces in perpetuity. By making any Submission, you acknowledge and agree that: (a) your Submissions do not contain any type of confidential or proprietary information; (b) Spaces shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Submissions; (c) Spaces shall be entitled to make use of and/or disclose any Submissions in any manner as it may see fit; (d) your Feedback shall automatically become the sole property of Spaces; and (e) Spaces is under no obligation to either compensate or provide any form of reimbursement in any manner or nature in connection with your submission of any Submissions.

10.   Changes To The Agreement

Spaces reserves the right, at its discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Use at anytime, for any reason, including but not limited to, the availability of any feature of the Services, hours of availability, content, data, software or equipment needed to access the Services. Spaces will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must immediately stop accessing or using the Services. Your continued use of the Services following any notice of revisions to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes.

11.   Notice

In accordance with provisions in these Terms of Use requiring Spaces give notice to you, Spaces will do so by means of a general notice on its website, electronic mail to your email address on record in your User Account (if you have created a User Account), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have created a User Account), the choice of which being at Spaces’ discretion. Any provisions in these Terms of Use requiring you to give notice to Spaces can be done so by means of email to: [email] or by first class mail, postage prepaid, or overnight courier to:

[SPACES

ADDRESS]

12.   Termination

Either Spaces or you may terminate these Terms of Use and your User Account at anytime. You may terminate these Terms of Use and your User Account by contacting Spaces and deleting your User Account as set forth in the Privacy Policy and then subsequently no longer accessing or using the Services. Spaces may terminate these Terms of Use by asking you to stop using the Services, and, if necessary by preventing your access to the Services and your User Account. Spaces shall have the right to suspend, terminate, cancel, modify, or delete these Terms of Use at any time for any reason or for no reason, with or without notice to you. IF YOU VIOLATE ANY OF THE TERMS OR CONDITIONS OF THESE TERMS OF USE, SPACES RESERVES THE RIGHT TO IMMEDIATELY SUSPEND, TERMINATE, OR CANCEL, IN ITS DISCRETION AND WITHOUT NOTICE TO YOU, YOUR USER ACCOUNT OR ACCESS TO THE SERVICES. UPON TERMINATION OF THESE TERMS OF USE OR YOUR USER ACCOUNT, YOU WILL HAVE NO FURTHER RIGHTS TO ACCESS OR USE THE SERVICES.

13.   WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS”. THE USE OF THE SERVICES ARE AT YOUR OWN RISK. NEITHER SPACES, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, THE SERVICES, OR ANY SPACES PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPACES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. SPACES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, SECURITY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE SERVICES OR ANY CONTENT, MATERIALS OR SERVICES ON ANY THIRD-PARTY WEBSITES. THIS SECTION 13 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THESE TERMS OF USE OR ANY DETERMINATION THAT THESE TERMS OF USE OR ANY PORTION OF THESE TERMS OF USE IS VOID OR VOIDABLE.

A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

14.   LIMITATION OF LIABILITY

NEITHER SPACES, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS OR THE SERVICES OR ANY SPACES PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF SPACES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY (OTHER THAN THE LIMITED PRODUCT WARRANTY SET FORTH IN PARAGRAPH 13, ABOVE); (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY SPACES OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR ANY SPACES PRODUCT; OR (E) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION INTERNET SERVICE DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.

IN NO EVENT SHALL SPACES, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS, THE SERVICES, OR ANY SPACES PRODUCTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES. SPACES DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ACCESSING OR USING THE SERVICES. IN THE EVENT SPACES CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL SPACES ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EMOTIONAL DISTRESS, OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USER ACCOUNT OR YOUR ACCESS TO AND USE OF THE SERVICES OR SPACES PRODUCTS.

SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THESE TERMS OF USE MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, SPACES’ TOTAL LIABILITY ARISING FROM THESE TERMS OF USE AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). THIS SECTION 14 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THESE TERMS OF USE OR ANY DETERMINATION THAT THESE TERMS OF USE OR ANY PORTION OF THESE TERMS OF USE IS VOID OR VOIDABLE.

15.   Force Majeure

Spaces shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Spaces, including without limitation, any failure to perform hereunder due to unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, denial of service attack, hacking or shortages of transportation facilities, fuel, energy, labor or materials.

16.   Consent To Monitor

In accordance with the terms and conditions of these Terms of Use and our Privacy Policy, and for purposes of monitoring and improving our quality of service and enforcing the terms and conditions of these Terms of Use, you hereby acknowledge and agree that:

a.       When you access and use the Services, we may obtain certain information about your computer and its operating system, including but not limited to your IP address(es), browser and browser version, screen resolution, and operating system(s), for purposes of improving the Services, and to enforce the provisions of these Terms of Use.

 

b.       We may, with or without notice to you, disclose your Internet Protocol (IP) address, personal information, and other information about you and your activities (i) in response to a request by law enforcement, a court order or other legal process or (ii) if we believe that doing so may protect your safety or the safety of others.

 

c.       Our websites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help us analyze how visitors use the Services. The information generated by the cookie about your use of our Services will be transmitted to and stored on Google servers and may be accessed by us.  Google uses this information to help us evaluate how our websites are used. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Third party sites and services you access through our Services may also employ cookies.

 

17.   Non-U.S. Residents

The Services are controlled and operated by Spaces from its offices within the State of California, United States of America. Spaces makes no representation that the Materials or Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and payment of any applicable internet fees or fees charged by an internet service provider. Software from the Services is further subject to United States export controls. No software from the Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

18.   Indemnity

You agree to indemnify, defend and hold Spaces, its Third-Party Providers, or any person or entity involved in creating, producing, or distributing any Materials or the Services, or any of their respective directors, officers, employees or agents, harmless from and against any and all damages, costs, losses and expenses, including reasonable attorney fees and court costs relating to or arising directly or indirectly from any suit, claim, demand or settlement based upon your posting or uploading any content using any Communication Feature or your failure to comply with these Terms of Use or your violation of any third party right or your violation of any law, rule or regulation of the United States or any other country.

19.   Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to Spaces and/or its Third-Party Providers for which monetary damages would not be an adequate remedy. Accordingly, Spaces shall be entitled to seek and obtain equitable relief, including, without limitation, injunctive relief, in addition to any other remedy to which it may be entitled under these Terms of Use or applicable law, without the need to post bond or other form of security, or provide proof of damages.

20.   Dispute Resolution

 

a.       Informal Resolution

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use or the Privacy Policy (“Dispute”), you and Spaces agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section above.

b.       Binding Arbitration

Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, Spaces may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which Spaces or its assigns may be entitled under these Terms of Use or applicable law, in the event of any actual or threatened breach of these Terms of Use by you or on your behalf, Spaces would be irreparably damaged if these Terms of Use were not specially enforced and, as such, you agree that Spaces shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of Spaces’ products or services. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any claim related to these Terms of Use or any of Spaces’ products or services to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND SPACES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Spaces agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

c.       JURY WAIVER.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS OF USE, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

d.       Restrictions

You and Spaces agree that any arbitration shall be limited to the Dispute between Spaces and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

e.       Exceptions to Informal Resolution and Binding Arbitration

You agree that Spaces may choose, at its option and discretion, to exclude the following Disputes from (and, as such, the following Disputes will not be subject to) the above provisions concerning informal resolutions and binding arbitration: (i) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy or the unauthorized use of Spaces’ or its Third-Party Providers’ intellectual property and/or intellectual property rights; and/or (ii) any claim by Spaces for injunctive or other equitable relief.

f.        Location and Jurisdiction

Any arbitration will be initiated in and take place in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, including without limitation the Disputes contained in Section 20(d), shall be decided by a court of competent jurisdiction wherever located, including, without limitation, in the County of Los Angeles, State of California, United States of America, and you and Spaces agree to submit to the personal jurisdiction of such courts.

g.       Severability

You and Spaces agree that if any portion of this Section 20 (Dispute Resolution and Governing Law) is found illegal or unenforceable (with the exception of 20(d)), that portion shall be severed and the remainder of this section shall be given full force and effect. If Section 20(d) is found to be illegal or unenforceable then neither you nor Spaces will elect to arbitrate any Dispute falling within that portion of Section 20(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Spaces agree to submit to the personal jurisdiction of that court.

 

h.       Right to Opt Out.

You may opt out of this agreement to arbitrate.  If you do so, neither you nor Spaces can require the other to participate in an arbitration proceeding. You may opt out by emailing us at [email] or sending us written notification at [Spaces, Address], Attn: Legal Department.  You must notify us by emailing or posting within 30 days of the date that you first became subject to this arbitration provision, and must your notification must include your name and residence address, the email address you use for your account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Your decision to opt-out of arbitration will have no adverse effect on your relationship with us.  Unless you choose to opt out, this dispute resolution provision in Section 13 shall survive termination of the Terms.

21.   Governing Law

Except as expressly provided otherwise, these Terms of Use shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.

22.   Miscellaneous

Notwithstanding Section 20(g), if any other provision of these Terms of Use shall be held invalid or unenforceable, in whole or in part, such provision shall be deemed severable from these Terms of Use, and the validity and enforceability of all other provisions of these Terms of Use shall not be affected thereby. These Terms of Use constitute the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Sections 6, 7, 9, 12, 13, 14, 15, 18, 19, 20, 21, 22, and 23 shall survive the expiration, termination or cancellation of the Services and/or these Terms of Use or any determination that these Terms of Use or any portion of these Terms of Use is void or voidable. You may not assign or transfer these Terms of Use or your rights hereunder, and any attempt to the contrary is void. These Terms of Use may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

CA USERS: Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: We are located at [ADDRESS]. If a user has a question or complaint regarding the Service, please send an email to [email]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

If you have any questions about these Terms of Use, please direct all correspondence to [email] or [Address]. 

 

Last Updated: [DATE]


Privacy policy

 

Privacy Policy

Effective as of 8/10/18

This Privacy Policy described how SAHB’s Big Adventure, Inc. dba Spaces (“Company”, “we” “our”, “us”) collects and uses your information when you access this website, www.spaces.com, or the other current and future online and mobile websites, platforms, services, applications, products, experiences and networks owned or operated by the Company (the Site and these other websites, platforms, services, applications and networks constituting the "Services")

 

By accessing any of our Services, you consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy.  If you do not agree to any of the provisions of this Privacy Policy, you should not access or use this website or any of the Services. If you have any questions or concerns, you can contact us at admin@spaces.com

This Privacy Policy only applies to our Services and is one portion of our Terms of Service, which governs your use of our Services.  You may find links to other websites, apps and services, or tools that enable you to share information with other websites, apps and services. We are not responsible for the privacy practices of these other websites, apps and services and we recommend that you review the privacy policies of each of these websites, apps or services before sharing any personal data.

Any disputes arising out of or relating to this Privacy Policy will be dealt with according to the dispute resolution procedures outlined in our Terms of Service accessible here.

Our Service is not intended for children. Anyone under the age of 13 is not permitted to access or use the Services and must not attempt to register an account or submit any personal information to us.

 

1.  Categories of Information Collected

1.1.  Information Provided by You.  

1.1.1. Account Registration.  Users may access certain elements of our Services, including our website, without need of registration. Services, such as access to our virtual reality experiences that we offer at virtual reality entertainment centers and other venues, require that you register for an account and provide us with personal information, including:

·                     your first and last name;

·                     your email address;

·                     your phone number;

·                     payment information - see below.

1.1.2.  Payment Information. We collect and use payment information, such as credit card numbers and security codes, for following limited purposes: 

Access to experiences: When you enter into a Spaces experience and purchase a ticket, you may be asked to provide the credit card and/or billing information and email address. 

1.1.3. Information Relating to Your Voluntary ActivitiesWe may ask you to provide information in the context of the following activities on the Services:

 

·         Survey information:  If you participate in any survey, you will provide certain personal data as part of your response, unless you respond anonymously.

 

·         Information that you post: You may provide personal data if you post comments or contribute to community discussions.

 

·         Information from correspondence: Information you send us (such as an email address or mobile phone number used to register or communicate with us), and referral information.

 

·         When use any of the forms on the website, or contact us by mail, fax or other offline means.

1.2. Information Automatically Gathered.

1.2.1. Cookies and Tracking Technologies. We use standard tracking technologies like cookies, pixels and local storage, to collect certain types of information, including: (i) what web pages, apps and other Services you access; (ii) information about your device (such as device and browser type); (iii) your location; and (iv) Internet protocol address, search query and other information.  

We collect these types of information to help us provide you a more personalized and relevant online experience including by remembering your preferences, providing personalized content, and showing relevant ads. 

1.2.2. Managing Cookies. Information about cookies is available at http://aboutcookies.org. Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser’s preferences. Please note that if you choose to block cookies, doing so may impair the Services or prevent certain elements of it from functioning

Please note that even if you opt out using the mechanisms above, you may still receive advertisements when using the Services.

Because there is no accepted standard on how to respond to Do Not Track signals, we do not respond to such signals.

1.3 Information Collected by Third Parties.  We also acquire information from other trusted     sources to update or supplement the information you provide, or we collect automatically.

2.  Information Use

We use personal and non-personal information collected for the following purposes:

·         Create your accounts and allow access to our Services

·         Provide technical support and respond to user inquiries

·         Solicit input and feedback to improve our products and services and customize your user experience

·         Inform users about new products updates or promotional offers

·         Customize your use of the Services and/or content or other material that we may send to you from time to time.

·         Email you about products and services that we believe may be of interest to you

·         Prevent or take action against activities that are, or may be, in breach of our Terms of Use or applicable law.

·         For any other purpose, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal data.

 

 

3. Information Sharing and Disclosure

We may share your personal information with third parties in limited circumstances, including: (1) with your consent; (2) to an authorized vendor or partner who meets our data protection standards; (3) when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process, or (4) to enforce our Terms. We use third-party vendors and hosting partners, such as Amazon, for hardware, software, networking, storage, and related technology we need to run the Services.

We may also share your information with carefully selected companies, including content licensors, distributors, venues and other third parties that are not affiliated with us. 

We may share information relating to users of the Service with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.

If we merge with another company such that your information will become subject to a materially different privacy policy, we’ll notify you before the transfer. You can opt out of the new policy by deleting your account during the notice period.

 

4.  Information Access

If you wish to access, amend or delete any other personal data we hold about you, or if you have any objection to the processing of any personal data that we hold about you, please contact us at admin@spaces.com or the mailing address provided below.  If you ask us to delete your account (either via the settings page or by email), we will do so within a reasonable period of time, but we may need to retain some of your personal data in order to satisfy our legal obligations, or where we have a legitimate reason for doing so. If you have an account, you can access and modify your personal information, or delete your account within your account page.

 

5.  Information Security

We implement reasonable security measures to protect the security of your information, and we are committed to the protection of your personal information.

While we take reasonable precautions against possible security breaches, no data transmission over the Internet is 100% secure, so we can’t guarantee security. and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.

We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use.  You use the Service at your own risk, and you’re responsible for taking reasonable measures to secure your account (like using a strong password).

 

6. Non-US Users & International Transfers

We store information about users of its Services on servers located in the United States. We may also store such information on servers and equipment in other countries. You should be aware that privacy laws in the United States may not be equivalent to the laws in your country, and by using the Platform, you consent to the transfer, storage and processing of your personal data in the United States in accordance with this Privacy Policy and applicable law.

 

7. California Users – Do Not Track

California law gives its residents the right to request information regarding the types of consumer personal information that this site collects and shares with third parties for direct marketing purposes.  If you are a California resident, you may make a request to us by email at admin@spaces.com.  Please include My California Privacy Rights in the subject line of your email and allow 30 days for us to respond. Because there is no accepted standard on how to respond to Do Not Track signals, we do not respond to such signals.

8.  Underage Users

The Service is not intended for children under the age of thirteen (13) and we do not knowingly collect personally identifiable information from children under the age of thirteen (13). Children under the age of thirteen (13) are prohibited from creating an account on (or otherwise become a registered user of) the Service, and children under the age of thirteen (13) are prohibited from providing any personal information of any kind through the Service. We will allow children under the age of thirteen (13) to participate in some of the virtual reality experiences that we offer, but only after receiving affirmative consent from the parent or legal guardian of such child. If a parent or legal guardian consents to a child's participation and provides personal information regarding such child, we will track the child's movement when he/she participates in a virtual reality experience and will collect, share and use such information in the same manner as described for adults in this policy.

9. Changes

 

We may periodically update this Policy.  We’ll notify you about significant changes to it.  You should periodically check this privacy page for updates.  Your continued use of the Service will signify your acceptance of any changes to the Privacy Policy.  The most current version of the policy will always be here.

10.  Contact Us

 

We welcome questions, concerns, and feedback about this policy at admin@spaces.com or 734 Spectrum Center Drive, Irvine, CA. 

 

11.  Withdrawal

 

If you decide that you do not want us to use your information in the manner described in the Privacy Policy, you may not use this website or the Services.  If you have already registered an account, you can find out how to terminate or cancel your account by emailing admin@spaces.com

 

Last amended: 8/10/18