2. Grant Of Limited License To Use The Services
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.
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
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
c. Security of Your User Account and Login Information.
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
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
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.
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
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.
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
13. WARRANTY DISCLAIMER
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.
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
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.
19. Injunctive Relief
20. Dispute Resolution
a. Informal Resolution
b. Binding Arbitration
c. JURY WAIVER.
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.
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
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.
Last Updated: [DATE]
Effective as of 8/10/18
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 Activities. We 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.
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
· 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.
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 firstname.lastname@example.org 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
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 email@example.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.
10. Contact Us
We welcome questions, concerns, and feedback about this policy at firstname.lastname@example.org or 734 Spectrum Center Drive, Irvine, CA.
Last amended: 8/10/18