Last Updated: September 30th, 2016
certain online services, software, applications, content and Web Site (collectively, the “Service”) made available to
you by BigRing Virtual Technologies, Inc. (or BRVT), a Colorado Corporation, and/or its affiliated entities inside and
outside of the United States (collectively, “BRVT” or “we”). By accessing the Service, using or downloading any materials
from the Service you agree to follow and be bound by the Terms, which may be updated by BRVT from time to time without
notice to you. The most current version of the Terms can be reviewed at any time at www.BigRingVR.com/terms.
There may be additional conditions applicable to certain parts of the Service.
If you do not agree with these terms, please do not use the Service. BY CONTINUING TO USE THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
BRVT reserves the right at any time to modify or discontinue, temporarily or permanently the Service or part of the Service, change price policies of a part of the Service or a whole service with or without notice. You agree that BRVT shall not be liable to you or to any third party for such changes.
Rights to access the Service
With total compliance with these terms, you may use the Service only for your own personal and non-commercial use and entertainment purposes by accessing it with your standard browser or our unmodified Application client. The Service can not be used for any other purpose, or using any other method.
You may NOT:
- Publish, license, copy, modify, distribute, transmit, display, perform, reproduce, create derivative works from, transfer or sell for any commercial purposes any portion of the Service.
- Exploit the Service or any part thereof for any commercial purpose, including without limitation: (a) using the Service at any commercial establishment without the express written consent of BRVT, (b) communicate or facilitate any commercial advertisement or solicitation; unless otherwise stated in the agreement.
- Use any unauthorized third-party software designed to modify any part of the Service, or any Service experience; that intercepts, “mines”, or otherwise collects information from the Service
- Disrupt or assist in the disruption of: (a) any hardware used to support the Service environment; (b)any software; or (c) any other user experience.
- Intercept, emulate or redirect the communication protocols used by BRVT in any way, for any purpose, including without limitation, unauthorized use over the Internet, network play, or as part of content aggregation networks; host, provide or develop matchmaking services for any Part of the Service.
Any use of the Service in violation of these limited Rights will be considered as a breach of this Agreement and an infringement of BRVT copyrights.
Accessing the Service and Account
Before you can use the Service, you must:
- read and understand and agree to these terms
a. Account Eligibility.
An Account may be established only if the following requirements are met:
- You are a “natural person” and an adult in your country of residence. Corporations or any other legal or business entities may not establish an Account;
- You represent that you are of legal age to form a binding contract
- You are not an individual specifically prohibited by BRVT from using the Service
- You are not a person barred from receiving services under the laws of any applicable jurisdiction
BRVT has the right to suspend or terminate your Account and refuse any and all current or future use of the Services if at any time BRVT becomes aware that the Account was registered without meeting the foregoing requirements.
b. Account suspension or cancellation
BRVT may suspend, terminate, modify or delete your account at any time with or without notice to you. Accounts terminated by BRVT for any type of abuse, including, without limitation, a violation of these Terms and Conditions, or other terms that are applicable will not be reactivated for any reason. You may cancel the Account registered to you at any time
c. Account ownership
You agree that you have no ownership or other property interest in the account and all rights in and to the account are owned by BRVT. BRVT does not recognize the transfer of Accounts. The account can not be purchased, sold, given as a gift or traded, and such attempt shall be null and void. BRVT reserves the right to charge fees for the right to access any parts of the Service or for the whole Service.
Intellectual property and copyright
All copyright, trade marks, design rights, patents and other intellectual property rights
(registered and unregistered) in and on BRVT Services belong to the BRVT.
The Application client software and the Service components including without limitation, all software code and it’s components and objects, Web Site and it’s components, videos, files, design elements, content are copyrighted works owned by BRVT and its licensors and is protected by applicable intellectual property and other laws. BRVT reserves all rights in connection with the the Service, including, without limitation, the exclusive right to create derivative works. You agree that you will not create any work based on the Service except as may be expressly authorized in writing by BRVT. BRVT has the absolute right to regulate, manage, control, modify and/or eliminate any components of the Service, and have no liability to you or anyone else for the exercise of such rights.
You accept responsibility for all activities that occur under your Account or from your computer or other device. We will insure
to use reasonable security measures to protect against unauthorized access to your Account. However, we will NOT guarantee
absolute security of your Account, your Content or the personal information you provide, and we cannot promise that our security
measures will prevent third-party “hackers” from illegally accessing the Service or its contents. You agree to immediately
notify BRVT of any unauthorized use or your Account or, or any other breach of security, and to accept all risks of unauthorized
access to any other data or information you provide to BRVT.
You agree that you will not, in connection with your use of the Service, violate any applicable law or regulation.
You agree that you will NOT:
- attempt to gain unauthorized access to the Service, Accounts registered to other users, or the computer systems or networks connected to the Service.
- institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, disrupt the Service or any other person’s use of the Service;
- use any third-party software to collect information from the Service, including without limitation information about any Account registered to you or other users, or any data that is property of BRVT;
- attempt to obtain any information from the Service using any method not permitted by BRVT;
- attempt to intercept, examine or otherwise observe any proprietary communications protocol used by the Service, through the use of any device;
You may not connect to or use the Service in any way other than permitted by this Agreement.
You acknowledge and agree that BRVT may update the Service, including the client application on your computer, with or without
BRVT may require that you download and install updates to the Service you have installed on your computer or device or reinstall an updated version of the Application.
Third party components
a. Third Party Equipment.
You understand that use of service may require you to use and/or acquire third party equipment or materials. We may recommend the equipment or materials of certain provider but we shall carry NO responsibility for your purchasing or use or misuse of this equipment and we do NOT guarantee that the third party equipment will function properly.
When you purchase any such product or service offering through the Services, you acknowledge that you are contracting directly with the applicable third party service provider or advertiser and not with BRVT. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser.
You are in no way obligated to use or transact business with any particular third party service provider or advertiser that appears on the Site or in the application
As part of this process, BRVT and/or its authorized third party advertisers may collect certain non-personal user and computer or device related data that is sent when your computer or mobile device connects to the Internet including your Internet protocol (IP) address.
When you purchase any product or service offering through our Services or for our Services, you acknowledge that you are contracting directly with the applicable third party service provider or advertiser and NOT with BRVT. All your communications or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser.
c. External Links
We may provide, or third parties may provide, links to other Internet sites or resources. Because BRVT has no control over such sites and resources, you acknowledge and agree that BRVTis not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
d. Permissions to link to our site
You are granted a limited, non-exclusive right to create a text hyperlink to our Site, non-commercial use only. Provided such link does not portray BRVT or any of its products or services in a false, misleading, derogatory or defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.
We reserve the right to revoke these rights generally, or your right to use specific links at any time with or without cause.
DISCLAIMER OF WARRANTIES
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SERVICE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. BRVT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BRVT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (F) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
HEALTH AND SAFETY WARNINGS
THE SERVICE IS INTENDED TO BE USED IN CONNECTION WITH ATHLETIC AND FITNESS ACTIVITIES. YOU UNDERSTAND AND FULLY AGREE THAT ENGAGING
IN ATHLETIC OR FITNESS ACTIVITIES AS PART OF THE SERVICE CARRY CERTAIN SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR
DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR
PART BY THE ACTION, INACTION OF BRVT OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT BRVT DOES
NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY EVENT SUCH AS: CONTEST, RACE,
COMPETITION, GROUP INTERACTION, GATHERING, OR EVENT THAT UTILIZES THE SERVICE.
YOU EXPRESSLY AGREE THAT BRVT IS NOT PROVIDING MEDICAL ADVICE VIA THE SITE OR ANY OTHER MEANS. PLEASE CONSULT YOUR PHYSICIAN BEFORE USING THE SERVICE IN CONNECTION WITH ANY ATHLETIC AND FITNESS ACTIVITIES. THIS IS ESPECIALLY IMPORTANT FOR PERSONS WITH PRE-EXISTING HEALTH PROBLEMS. DISCONTINUE ANY USE OF THE SERVICE OR ENGAGING IN ANY SUCH ATHLETIC OR FITNESS ACTIVITIES THAT CAUSE YOU PAIN, FATIGUE, DISCOMFORT, NAUSEA, DIZZINESS, SHORTNESS OF BREATH OR ANY OTHER SYMPTOMS AND CONSULT A MEDICAL EXPERT. START SLOWLY AND AT THE LEVEL THAT IS APPROPRIATE FOR YOU. DON’T OVEREXERT YOURSELF. TAKE BREAKS PERIODICALLY. STOP AND REST IF YOUR MUSCLES, JOINTS, OR EYES BECOME TIRED OR SORE. DO NOT USE THE SERVICE OR ENGAGE IN ANY SUCH ATHLETIC OR FITNESS ACTIVITIES UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, AND MAKE SURE YOUR BALANCE AND PHYSICAL ABILITIES ARE SUFFICIENT FOR ANY MOVEMENTS AND ACTIVITIES WHILE USING THE SERVICES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT BRVT IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE
THE SERVICE. BRVT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
- YOUR USE OR MISUSE OF THE SERVICE, EQUIPMENT OR SOFTWARE CREATED OR LICENSED BY BRVT WHILE ENGAGED IN ANY ACTIVITIES;
- ANY DELAY OR INABILITY TO USE THE SERVICE EXPERIENCED BY YOU;
- YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICE;
- ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BRVT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF BRVT AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
IN CASE OF A DISPUTE YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH BRVT IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS
REGISTERED TO YOU.
You agree to indemnify, defend and hold the Released Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of this Agreement or any other agreements between you and BRVT.
The Services are controlled by BRVT. Except specifically stated otherwise, these Terms and Conditions shall be governed by the
laws of the United States of America and the laws of the State of Colorado, without regard to choice of law principles. You
hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Douglas County,
Colorado for any legal proceedings related to the Service or these Terms and Conditions.
Those who choose to access the Service from locations outside of the United States are responsible for compliance with local laws if and to the extent local laws are applicable.
The parties agree that any claim or cause of action arising out of or related to use of the Service or these terms must be filed within maximum one (1) year time frame after such claim or cause of action happened or forever barred.
You agree that no partnership, joint venture, employment or agency relationship exists between you and BRVT as a result of this
Agreement or your use of the Service. The failure of BRVT to exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision.
You may not assign, delegate or otherwise transfer your account or your obligations under these Terms and Conditions without the prior written consent of BigRintVR. BRVT may and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Service without your consent This Agreement, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however, that this Agreement shall coexist with our other agreements if applicable.
All notices given by you or required under this Agreement shall be in writing and addressed to BRVT at legal@BigRingVR.com.