EMERGENT TERMS OF SERVICE
This Terms of service governs our relationship with users and others who interact with Emergent, as well as Emergent brands, products and services, which we call the "Emergent Services" or "Services". By using or accessing the Emergent Services, you agree to this Statement, as updated from time to time.
Sharing Your Content and Information
You own all of the content and information you post on Emergent, and you can remove your content at any time. In addition:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Emergent (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information, it means that you are allowing everyone, including people off of Emergent, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Emergent, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Emergent safe, but we cannot guarantee it. We need your help to keep Emergent safe, which includes the following commitments by you:
You will not post unauthorized commercial communications (such as spam) on Emergent.
You will not collect users' content or information, or otherwise access Emergent, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Emergent.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
You will not use Emergent to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Emergent, such as a denial of service attack or interference with page rendering or other Emergent functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
Registration and Account Security
Emergent users may provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account:
If we disable your account, you will not create another one without our permission.
You will not use Emergent if you are under 13.
You will not use Emergent if you are a convicted sex offender.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Emergent that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Emergent if we believe that it violates this Statement or our policies.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted with our prior written permission.
You will not post anyone's identification documents or sensitive financial information on Emergent.
Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Emergent.
Special Provisions Applicable to Software
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Emergent to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Emergent exclusively in the U.S. District Court for the Northern District of California or a state court located in San Francisco County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Emergent, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Emergent and are not responsible for the content or information users transmit or share on Emergent. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Emergent. We are not responsible for the conduct, whether online or offline, of any user of Emergent.
WE TRY TO KEEP Emergent UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Emergent AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Emergent WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT Emergent WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. Emergent IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Emergent, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Emergent WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Emergent'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Emergent outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Emergent (such as advertising or payments) or operate a Platform application or website. You will not use Emergent if you are prohibited from receiving products, services, or software originating from the United States.
By "Emergent" or "Emergent Services" we mean the features and services we make available, including through (a) our website at www.emergentvr.com and any other Emergent branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Emergent reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this TOS.
By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Emergent or provide data to us.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Emergent.
By "content" we mean anything you or other users post, provide or share using Emergent Services.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Emergent or provide to Emergent through Platform.
By "post" we mean post on Emergent or otherwise make available by using Emergent.
By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
By “Trademarks” we mean the list of trademarks that have been filed with the USPTO on Emergent’s bahalf.
If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Emergent VR, Inc.
This Statement makes up the entire agreement between the parties regarding Emergent, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Emergent.