EFFECTIVE: AUGUST 17, 2020
BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING, INSTALLING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF SERVICE, THE APPLICABLE GUIDELINES SET FORTH ON THE SITES, AND THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY) FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THE APPLICABLE GUIDELINES AND/OR THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY), THEN PLEASE DO NOT USE, INSTALL OR ACCESS THE SERVICES.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND REDLINEVR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
MODIFICATION OF TERMS OF SERVICE AND/OR SERVICES
RedlineVR reserves the right, in its sole discretion, to modify the Terms of Service at any time and without prior notice. If RedlineVR amends the Terms of Service, it will update this posting on the Sites and specify the effective date of the new version of the Terms of Service. Your continued use of the Services following the posting of a new version of the Terms of Service shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
RedlineVR reserves the right to modify, discontinue or terminate any or all Services or stop offering and/or supporting the Services, including, but not limited to, content, hours of availability and equipment needed for access or use, at any time either permanently or temporarily, at which point your license to use the Services or any part of it will be automatically terminated or suspended. If that happens, RedlineVR is not required to provide refunds, benefits or other compensation to you in connection with discontinued elements of the Services, except to the extent that you have purchased an Experience Pass (as defined below), we may honor or refund such purchases at our discretion.
ADDITIONAL TERMS AND RULES FOR SPECIFIC SERVICES
If you use our Services, you must also follow any other guidelines or rules applicable to specific Services and features, including without limitation platforms, contests or competitions, which will be posted online and/or notified to you from time to time (the “Guidelines”). All the Guidelines are incorporated by reference into the Terms of Service. In the event of a conflict between the Terms of Service and the Guidelines, the Guidelines will apply.
In order to use certain features of the Services, you may have to register and create an account with RedlineVR (your “Account”) on behalf of yourself and your party participating in an Experience (as defined below), and as part of that process you will be requested to provide certain information, including without limitation your name and email address and those of your party members. If an Account is made on your behalf by a party member, you agree to these Terms of Service when you accept or login to your Account. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account (except as to security breaches caused by RedlineVR). RedlineVR reserves the right to suspend or terminate your Account at any time and shall incur no liability for such suspension or termination.
As the holder of your Account, you are solely responsible for complying with the Terms of Service, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your Account, (ii) access the Services through your Account, or (iii) make purchases through your Account. Neither your Account nor purchases you make are transferable to any other person or account, except you may purchase Experience Passes for other members of your party participating in an Experience. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.
By registering for your Account and provide your information to us, you hereby consent to us sending, and you receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature, including marketing, relating to your use of the Site, the Services and related services. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such content anymore.
If you believe that an Account has been mistakenly made on your behalf or without your permission, you may request your Account be deleted in accordance with the provisions of the Section below entitled “Termination and Survival.”
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS OF REDLINEVR
The Services are owned by RedlineVR and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Service, RedlineVR and its licensors exclusively own or control all right, title, and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, moral rights, and other intellectual property rights whether registered or not and all applications thereof. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by RedlineVR or its third party licensors without the appropriate owner’s prior written consent.
You hereby grant RedlineVR permission to use your likeness in photography, video, or other digital media, which may incorporate information generated from tracking your location in an Experience (all such collected media and information, “Experience Content”), in any and all of its publications, including web-based publications, without payment or other consideration. You understand and agree that all Experience Content will become the exclusive worldwide property of RedlineVR and will not be returned and further agree to transfer and assign to RedlineVR any rights that you may have therein, or which may be necessary to effect this Paragraph. You hereby irrevocably authorize RedlineVR to edit, alter, copy, exhibit, publish, or distribute Experience Content for any lawful purpose. In addition, you waive any right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of Experience Content. You hereby hold harmless, release, and forever discharge Redline from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of the matters set forth in this Paragraph.
By registering for an Account, you allow us to publicly display your username and game score and other Experience records, and to use such information for any purpose.
From time to time, you may submit content that is incorporated into the Services and which we may incorporate into Experience Content (such content, “Your Content” or “User Content”). By submitting Your Content, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms of Service. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Your Content without all rights necessary to do so.
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content together with your name, username or Experience Content as part of the Services or as part of Experience Content. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
LICENSE FROM REDLINEVR
RedlineVR grants you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use any software or content, including Experience Content, that is provided to you by RedlineVR as part of the Services for your personal non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by RedlineVR, in the manner permitted by the Terms of Service. You hereby acknowledge that no title or ownership in the software is being transferred or assigned and this license is not to be construed as a sale of any rights in the software.
RedlineVR grants you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Services as provided by RedlineVR, for your personal non-commercial use, in the manner permitted by this Terms of Service. The rights granted herein are subject to your compliance with this Terms of Service.
All rights not expressly granted in the Terms of Service are expressly reserved for RedlineVR.
The term of your licenses to the Services shall commence on the date that you accept the Terms of Service and install or otherwise use the Services, including, without limitation, any mobile apps, and ends on the earlier date of either your disposal of the Services or our termination of the license or the Terms of Service. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Services or you otherwise use the Services in breach of the terms of the Terms of Service.
PAYMENTS, REFUNDS AND TAXES
When you make a purchase on the Sites (each such purchase, a “Transaction”), you may be asked to supply additional information relevant to such Transaction, including, without limitation, your credit-card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information, whether you provide it in the course of a Transaction or in connection with your Account. You must provide current, complete and accurate information for your Payment Information. You must promptly update all information to keep your Payment Information current, complete and accurate, and you must promptly notify us if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us. All fees in connection with Services are non-refundable and non-cancelable.
The Services, including without limitation payment processing, may be handled directly by us or by online third parties. For example, we use third-party payment processors (each a “Payment Processor”) to handle the Transactions.
The following terms and conditions are binding for all purchases of passes for participating in an Experience from Redline VR (such passes, “Experience Passes”):
- No refunds or exchange of Experience Passes will be made and Experience Passes are not transferable. However, at our discretion and depending on availability, we may allow discrete cases of refund or exchange, but in any event not less than twenty-four hours prior to the start time of the booked Experience. Prior refund or exchange of an Experience Pass does not guarantee we will refund or exchange future Experience Passes;
Visitors may be required to present valid government identification upon arrival;
Height, weight, size and age restrictions, as well as medical warnings, may apply to certain Experiences;
No outside food or drink will be allowed on RedlineVR premises without the express permission of a RedlineVR manager or officer;
No pets or animals allowed on RedlineVR premises;
Visitors are not allowed to possess guns or other weapons or dangerous items on RedlineVR premises;
No smoking or vaping allowed inside, or within 20 feet of, RedlineVR premises, or such further distance as required by law;
Visitors to RedlineVR premises agree to submit to any search for any prohibited items including but not limited to weapons, controlled, dangerous and illegal substances;
RedlineVR accepts no responsibility for loss, theft or damage to any personal belongings brought into RedlineVR Premises;
Children 13 and under cannot enter RedlineVR premises or participate in Experiences unless accompanied by a parent or adult guardian (of 18 years or older) and children between 13 and 18 require parental consent to participate in an Experience;
Visitors must be taller than 1.2 meters (forty-eight inches) to participate in Experiences; and
Experiences may not be suitable for pregnant women, those with heart conditions, or those unable to walk unassisted for thirty minutes with full use of both hands, as well as visitors with certain medical conditions.
By purchasing an Experience Pass through RedlineVR, each purchaser represents that such purchaser is at least 18 years of age and such purchaser, and each guest in purchaser’s party, understands and accepts the foregoing conditions.
ACCOUNT MANAGEMENT; SOCIAL MEDIA AND OTHER THIRD PARTY SITES
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers, such as Facebook, Instagram and Stripe (each such account, a “Third Party Account”) by (i) providing your Third Party Account login information through the Services, or (ii) allowing RedlineVR to access your Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to RedlineVR and/or grant RedlineVR access to your Third Party Account, without breach by you of any applicable terms and conditions and without obligating RedlineVR to any liabilities. By linking the Third Party Accounts, you understand that (a) RedlineVR may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account, and (b) RedlineVR may submit additional information to your Third Party Account. Subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. You will have the ability to disable the connection between your RedlineVR Account and your Third Party Accounts at any time. YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS AND YOUR THIRD PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. RedlineVR makes no effort to review any content provided by Third Party Accounts and is not responsible for any such content.
RESTRICTIONS ON USE OF SERVICES
Your use of the Services and the relating licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Services:
Access, tamper with, or use non-public areas of the Sites, RedlineVR’s computer systems, or the technical delivery systems of RedlineVR’s providers; attempt to probe, scan, or test the vulnerability of any RedlineVR system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by RedlineVR or any of RedlineVR’s providers or any other third party (including another User) to protect the Services;
Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through software and/or search agents provided by RedlineVR or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
Use hacks, automation software (bots), or any other unauthorized software, hardware, or mechanical device designed to modify the game play experience; employ the use of automated game play software or devices to create a game play advantage; or access the Services from a device emulator;
Generate queries, or impressions of or clicks on Ads through any automated, deceptive, fraudulent or other invalid means (including, click spam, robots, macro programs, and Internet agents), or encourage or require third parties to click on Ads through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent;
Manipulate the GPS coordinates of your device to represent anything other than your current physical location;
Use any meta tags or other hidden text or metadata utilizing a RedlineVR trademark, logo, URL or product name;
Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Service;
Forge any TCP/IP packet header, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading or flooding the Sites;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
“Stalk” or otherwise harass anyone;
Collect personal data about other Users for commercial or unlawful purposes; or
Allow a child under the age of 13 to provide any personal information in such child’s User Content or provide any personal information in Your Content regarding a child under the age of 13.
The above are examples of prohibited conduct and is not intended to be exhaustive. RedlineVR will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. RedlineVR may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that RedlineVR has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
LICENSE AGREEMENT FOR USING SPECIFIC APPLICATIONS
You acknowledge and agree that the availability of the Services on mobile devices is dependent on the third party websites from which you download such Services, e.g., the App Store from Apple or Google Play from Google (each an “App Store”). You acknowledge that the Terms of Service are between you and RedlineVR and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Services from it. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of the Terms of Service, the more restrictive or conflicting terms and conditions in the Terms of Service apply.
Your use of the Services and the relating licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines and any end user licenses associated with your use of our mobile apps. RedlineVR may modify such Guidelines in its sole discretion at any time. RedlineVR reserves the right to terminate your Account and access to the Services if it determines that you have violated any such applicable Guidelines.
Apple, the Apple logo and iPhone are trademarks of Apple LLC, registered in the U.S. and other countries. App Store is a service mark of Apple LLC The Android name, the Android logo and the Google Play brand are property of Google LLC.
THIRD PARTY SITES / LINKS / ADS
Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of Experience Passes or other items, if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by RedlineVR of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk.
RedlineVR does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that RedlineVR will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.
If there is a dispute between you and any such third party, you understand and agree that RedlineVR shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE REDLINEVR, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND / OR THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any material, including without limitation, idea, knowledge, technique, plan, information, questions, answers, suggestions, emails and comments, provided by you to us shall not be considered confidential or of a proprietary nature. In providing us with material, you authorize us to use it and any developments or derivatives thereto, according to our needs as determined in our sole discretion, including for public relations and promotion of the Site and the Services in the online and offline media, and all without requirement of any additional permission from you or the payment of any compensation to you. You also agree that (i) by submitting unsolicited ideas to us or any of our or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become the property of branded.me. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to branded.me together with all intellectual property rights therein.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify RedlineVR’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim is being infringed;
Identification of the material that is claimed to be infringing and where it is located on the Services;
Information reasonably sufficient to permit RedlineVR to contact you, such as your address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
RedlineVR’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
RedlineVR, LLC4702 N Ravenswood Ave
Chicago, IL 60640
For clarity, only DMCA notices should go to the RedlineVR, LLC Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to RedlineVR via info@Redlinevr.com.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT THE USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REDLINEVR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. REDLINEVR DOES NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. REDLINEVR MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. REDLINEVR DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. REDLINEVR DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES.
FURTHER, REDLINEVR AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER REDLINEVR NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS, THE SERVICES OR ANY E-MAIL OR OTHER COMMUNICATION SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as RedlineVR relate to implied warranties.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. ALL OF THE ABOVE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL REDLINEVR, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold harmless RedlineVR, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Terms of Service or (2) your use of the Services.
Except if you opt-out or for disputes relating to: (1) your or RedlineVR’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) and (2) violations of provisions of the Terms of Service, above (“Excluded Disputes”), you agree that all disputes between you and RedlineVR (whether or not such dispute involves a third party) with regard to your relationship with RedlineVR, including without limitation disputes related to the Terms of Service, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and RedlineVR hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf.
Neither you nor RedlineVR will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if RedlineVR is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either RedlineVR or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the Terms of Service.
You may opt out of this agreement to arbitrate. If you do so, neither you nor RedlineVR can require the other to participate in an arbitration proceeding. To opt out, you must notify RedlineVR in writing within 30 days of the date that you first became subject to this arbitration provision.
You must include your name and residence address, the email address you use for your RedlineVR account, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Section will be null and void.
This arbitration agreement will survive the termination of your relationship with RedlineVR. You agree that any claim you may have arising out of or related to your relationship with RedlineVR must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
TERMINATION AND SURVIVAL
Either party may terminate the Terms of Service for any or no cause, at any time. You may cancel the Services and delete your Account at any time by either using the features of the Services to do so (if applicable and available) or by written notice to the contact listed under “Contact Information” below. You should know that, for technical reasons, after deletion, your account may persist for a limited period of time and information as to your account, such as your username and game scores, may remain visible to others. Additionally, Experience Content that includes your likeness, including photographs and videos of you, will not be removed upon deletion of your Account and may remain visible to others.
After cancellation, you will no longer have access to your Account, your profile or any other information through the Services. The provisions of this Agreement which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of the Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.
If any provision of the Terms of Service is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Terms of Service shall continue in full force and effect.
The Terms of Service and the resolution of any dispute related to the Terms of Service or the Services shall be governed by and construed in accordance with the laws of Illinois without giving effect to any principles of conflicts of law.
For any action at law or in equity relating to the arbitration provision of the Terms of Service, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree any legal action or proceeding between RedlineVR and you relating to the Terms of Service or the Services shall be brought exclusively in a court of competent jurisdiction sitting in Cook County, Illinois, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
If you have any questions or concerns with respect to the Terms of Service or the Services you may contact a representative of RedlineVR by email at info@Redlinevr.com.