Last Updated: December 5th, 2016
BY ACCEPTING THESE TERMS OF SERVICE OR USING OUR SERVICES, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE OUR SERVICES.
YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU UNDER THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE SERVICES WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF SERVICE. MAKE SURE TO REVIEW THESE TERMS OF SERVICE WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.
Beps Engineering S.r.l. with its Immotionar division ("Immotionar", "Beps Engineering", "we", "us" or "our") is pleased to provide you access to, and use of platform services, software, websites, applications, and content (collectively, the "Services"). These Terms of Service ("Terms") apply to your purchase, access to, and use of, any Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Immotionar for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms.
Immotionar reserves the right to change or modify these Terms on a going forward basis at any time and in our sole discretion. If Immotionar makes changes to these Terms, we will provide notice of such changes as appropriate, such as by sending an e-mail notification to the address you’ve provided, providing notice through the Services and/or updating the "Last Updated" date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
The Services are intended solely for users who are of legal age of majority in the jurisdiction in which they resideor, if under the legal age of majority, they have been authorized to use them by their parents or their legal guardians. Any registration for, or use of, the Services by anyone under the legal age of majority or by anyone under the legal age of majority without proper authorization, is unauthorized, unlicensed and in violation of these Terms. You represent and warrant that you (a) will not use IP proxying or other methods to disguise the place of your residence, (b) will not use the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms and (c) have not previously had your right to use the Services suspended or terminated.
To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice at firstname.lastname@example.org if you discover or otherwise suspect any security breaches related to the Services.
Certain equipment and software may be required to access and use the Services. In addition, we may need to periodically update some of the software you obtain through the Services or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plugins and new versions. By using the Services, you agree to such update requirements.
We reserve the right, in our sole discretion and where technically feasible, to disable your access to or ability to use Services that we believe present a health and safety risk or violate our community standards, agreements, laws, regulations or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Services.
3.1 Content and software License. Except as otherwise agreed upon, if we enable the use of software, content, documentation, virtual items or other materials owned or licensed by us ("Software"), we hereby grant you a limited, non-exclusive, non-sublicensable license to access, install, and use the Software, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software, except as expressly permitted by Immotionar or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
3.2 Immotionar ImmotionRoom Software. Subject to these Terms, including the license provided in Section 3.1, you may access, install, and use the Immotionar ImmotionRoom Runtime and/or the Immotionar ImmotionRoom Software Development Kit ("ImmotionRoom Software"). In order to maximize your overall experience through our Services, the Immotionar ImmotionRoom Runtime may only be used with software developed using the Immotionar ImmotionRoom Software Development Kit. We also suggest that you use only the most up-to-date version of the ImmotionRoom Software. You acknowledge that the ImmotionRoom Software incorporates proprietary information, and that you will not disclose it to any other person or entity.
3.3 Third Party Content. Your use of services, applications, or content provided by third parties ("Third Party Content") made available through the Services may be subject to additional end-user agreements. In the event that these agreements conflict with the provisions of these Terms, these Terms will govern. Immotionar has no responsibility or liability with respect to your access to or use of the Third Party Content, or any content or functionality contained in such Third Party Content, your rights to which are solely provided pursuant to a license between you and the provider of such Third Party Content. In no event shall Immotionar be considered the licensor of the Third Party Content, to have granted any rights to use the Third Party Content, to have assumed any obligations with respect to the Third Party Content, or to have made any representations or warranties with respect to the Third Party Content.
If you are not presented with an end-user license agreement when you acquire Third Party Content, the following license terms apply to your use of such Third Party Content: (a) the third party providing the Third Party Content (and not Immotionar) is the licensor of such Third Party Content; (b) such party grants you a limited, non-transferable license to access and use the Third Party Content only for your personal and non-commercial purposes; and (c) you may not modify, decompile or disassemble the Third Party Content in whole or in part, or create any derivative works from or sublicense any rights in or to the Third Party Content, unless otherwise expressly authorized by the third party or as permitted under applicable law.
3.4 Trial access to Services. We may offer free trials or other limited versions of Services so you can preview Services before you purchase the full version. These versions may have limited features, restrict permitted time of use and contain other limitations.
3.5 Availability of Services after purchase and updates. Some Services may rely on services or products provided by third parties for some or all of its functionality. Such Services may not function properly or may become inoperable if these third parties discontinue their services or products.
3.6 Support. Immotionar will be responsible for all billing questions related to the purchase of Services and for support with respect to the Software. Immotionar has no obligation to provide support for Third Party Software and/or Content. Please contact us at email@example.com for assistance.
3.7 Availability. The Services may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Services in certain territories and jurisdictions.
3.8 Network costs or other charges. You may be charged by your network provider for data services or any other third party charges as may arise while using the Services and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
4.1 Purchasing Services from Immotionar. When placing an order or making a purchase, you will be required to provide us with information, such as your address and billing information. You represent and warrant that all such information is accurate, and you will ensure that such information is kept current. Immotionar will have no responsibility or liability for inaccurate information or information that later becomes outdated, and Immotionar will have no obligation to make efforts to determine the correct contact or shipping information. For most Services, you can manage your information within your account settings. We will not take payment for product purchases until Order Acceptance (see below).
After you place an order, you may receive a communication from us acknowledging that we have received your order ("Order Acknowledgement"). Please note that receiving the Order Acknowledgement does not mean that your order has been accepted. We will confirm our acceptance of your order by sending you a communication that confirms that the order has been processed or the goods have been shipped – when applicable ("Order Acceptance"). The contract between us in relation to the applicable Services will be formed when we send you the Order Acceptance.
4.2 Our right to reject your Order. At any time prior to Order Acceptance, we reserve the right to decline or reject your order. If this occurs, we will attempt to notify you. Some reasons for rejection can include: (a) we are unable to supply you with Service, for example because that item is no longer available or because of an error in the price at the point of sale; (b) you do not live in a country or region from which the Services may be purchased; or (c) you order more than the permitted maximum number of Services. If you have already paid, we will refund you the full amount including any delivery costs charged.
4.3 Errors. We attempt to be as accurate as possible and to eliminate errors in relation to our Services; however, we do not represent or warrant that any Service descriptions or pricing information are accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. If we discover a pricing or other material error related to a Service that has yet to be delivered, we will contact you to inform you of this error and give you the option of continuing to purchase at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled.
4.4 Account. You may be required to be a registered user in order to purchase some Services. You are responsible for all charges incurred in connection with your account. Immotionar may attempt to collect unpaid charges, including by attempting additional charges to your payment instrument, use of collections agencies and any other legal means. If you decide to cancel your account, Immotionar reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before Immotionar will allow you to register again.
4.5 Pricing and Payment. We may accept various forms of payment, including payments made through PayPal. Additional terms with your payment provider may apply.
By submitting an order, you acknowledge that you are authorized to use the designated payment method and you authorize us to charge your order to that payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. Depending on where you are located or ask to have Services delivered, Immotionar may utilize an agent, subsidiary, or affiliate to process payment and shipping. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in order to proceed with your order.
Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.
4.6 Taxes. Your purchase or use of the Services may be subject to any type of use or sales tax, duty or other governmental tax or fee ("Taxes"). You are responsible for any Taxes due with respect to your use of the Services.
4.7 Content cancellations and returns. All purchases of digital content are final except as required by law. Once you purchase content, we encourage you to download, install and/or access it promptly. If you are located in the European Union, you consent that the supply of the digital content may begin immediately following the completion of your purchase and you acknowledge that you therefore will lose any statutory rights you may have to withdraw and receive a refund. If you are unable to download, install or access purchased content, please contact us at firstname.lastname@example.org.
By accessing or using the Services, you agree that you will not: (a) access or use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Services, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content; (b) damage, disable, overburden or impair the functionality of the Services in any manner; (c) access or use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms, community standards or any other terms or policies provided in connection with the Services; (d) use or attempt to use another user’s account without authorization from such user; (e) modify, adapt, hack or emulate the Services; (f) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the Services or to extract data; (g) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services, or third parties; and (h) infringe upon or violate the rights of Immotionar, our users or any third party.
Our Services may include interactive features and areas where you may submit, post, upload, publish, e-mail, send or otherwise transmit content, including, but not limited to, text, images, photos, videos, sounds, virtual reality environments or features, software and other information and materials (collectively, "User-generated content"). Unless otherwise agreed to, we do not claim any ownership rights in or to your User-generated content. By submitting User-generated content through the Services, you grant Immotionar a worldwide, irrevocable, perpetual, non-exclusive, sub-licensable, transferable and royalty-free right to use, copy, display, store, adapt, publicly perform and distribute such User-generated content in connection with the Services. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User-generated content.
You are solely responsible for the User-generated content you make available through the Services and you represent and warrant that (a) you either are the sole and exclusive rights owner of all User-generated content that you provide, or you have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to Immotionar the rights specified in this section; (b) the provision of your User-generated content, and our subsequent use of such User-generated content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations; and (c) your User-generated content does not violate our community standards.
Immotionar does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users. Immotionar has no responsibility or liability for User-generated content made available through the Services, and we have no obligation to screen, edit or monitor such content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit User-generated content at any time and for any reason.
In the event you are a developer who submits User-generated content to Immotionar, you acknowledge and agree that our agreements with you as a developer may supersede this section of the Terms.
Your purchase and use of Third Party Content may be subject to additional terms, including but not limited to third-party end-user agreements and privacy policies. We encourage you to review any third-party agreements and policies carefully before accessing, downloading or using Third Party Content.
Unless otherwise indicated, the Services are the property of Immotionar or our licensors and are protected by copyright, trademark and other laws of Italy and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Immotionar, ImmotionRoom, Beps Engineering, the Immotionar logo ("Marks and Logos") are trademarks or registered trademarks of Beps Engineering S.r.l. The Marks and Logos and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission, including as authorized by any applicable brand guidelines. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.
Separate and apart from User-generated content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Immotionar and our Services (collectively, "Feedback"). You agree that Immotionar and its affiliates shall be able to use the Feedback in any way it may choose without any obligation to you.
In accordance with copyright and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, accounts of users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at email@example.com.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
You are granted a limited, non-exclusive right to create text hyperlinks to our websites for commercial and/or non-commercial purposes; however, you may not use our logos or other proprietary graphics to link to our sites without our express written permission.
The Services may contain links to third-party websites, applications or other third-party services, and you understand that by accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand and agree that we are not responsible or liable for the availability or accuracy of such third-party properties or the content, products or services made available through such properties. We do not endorse or control such third-party properties and we make no representations or warranties of any kind regarding such properties. If you access or use any third-party properties, you should also be aware that such third parties’ terms and policies will govern.
13.1 OUR SERVICES AND SOFTWARE MAKE USE OF THIRD PARTY SERVICES AND HARDWARE DEVICES (FOR EXAMPLE MICROSOFT KINECT, OCULUS RIFT, HTC VIVE, SAMSUNG GEAR VR, OSVR HDK, GOOGLE CARDBOARD) WHICH PROVIDE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS. WE STRONGLY ENCOURAGE YOU TO READ THOSE WARNINGS AND INSTRUCTIONS BEFORE USING OUR SERVICES, SOFTWARE AND THOSE THIRD PARTY SERVICES AND HARDWARE DEVICES. BY USING THE SERVICES AND SOFTWARE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THOSE WARNINGS AND INSTRUCTIONS. ADDITIONAL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS MAY BE PROVIDED BY DEVELOPERS IN RELATION TO SPECIFIC THIRD PARTY CONTENT. YOU REPRESENT AND WARRANT THAT YOU WILL READ ALL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS BEFORE USING THE SERVICES.
13.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. AS BETWEEN YOU AND Immotionar, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND Immotionar EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Immotionar DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY Immotionar WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Immotionar and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, "Immotionar Parties") from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Immotionar or a third party in relation to the Services, (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide.
THE Immotionar PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF AN Immotionar PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Immotionar PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT YOU PAID US TO USE OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
16.1 Immotionar is based in Italy and our Services are subject to the Italian law. We make no representations or warranties that the Services are appropriate or available for use in other locations.
16.2 The laws of Italy, excluding its conflicts of law rules, govern your access to and use of the Services. Your access to and use of the Services may also be subject to other local, regional, state, national or international laws.
16.3 If any dispute, controversy, or claim cannot be resolved by a good faith discussion between the parties, then it shall be submitted for resolution to a state court or competent jurisdiction in Turin, Italy, and the parties hereby agree to submit to the jurisdiction and venue of such court. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
Immotionar reserves the right to change, suspend, remove, discontinue or disable access to the Services or particular portions thereof, at any time and without notice. In no event will Immotionar be liable for the removal of or disabling of access to any portion or feature of the Services.
We reserve the right to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
If a particular provision of these Terms is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, these Terms shall remain in full force and effect as to the remaining provisions.
You may not assign, sublicense, sub-contract, or otherwise transfer these Terms, or any rights or obligations under them, without Immotionar written consent.
Any failure by Immotionar to insist upon or enforce performance by you of any of the provisions of these Terms or to exercise any rights or remedies under these Terms or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.
If you have any questions or concerns regarding these Terms or our Services, please contact us at firstname.lastname@example.org.