BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE TOU.
MOR reserves the right to modify the TOU at any time (“Update”) and shall make any Update available on the Website. You are deemed to accept any Update by continuing to use the Service. Unless MOR states otherwise, an Update is automatically effective 30 days after posting on the Website.
2. SUBSCRIPTION AND LICENSES
- Subscription and License. MOR grants you a non-exclusive, non-sublicensable, revocable, limited subscription to access the Service. In addition, if you access the Service through MOR’s software or through other means approved by MOR, MOR grants you a non-exclusive, non-sublicensable, limited, revocable license to install and use such software on any virtual reality (“VR”) device(s), computer(s) and/or mobile devices(s) you use as long as such use is consistent with the forgoing license and such use is compatible with the Service, as determined by MOR in its sole discretion.
- Streaming and Social Media License. Notwithstanding the list of authorized uses described in section 4.1, MOR grants you a non-sublicensable, non-transferrable, revocable, limited license to publicly display parts of the Service on online video streaming websites, such as YouTube and Twitch, and on social media, such as tweeting a GIF or posting on Instagram (“Social Content”). MOR may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and MOR shall not be liable to you or any third party for any related loss incurred**.**
3. ACCESS TO THE SERVICE
- Age of Access. The Service is provided for people of all ages but if you are below the age of consent in your jurisdiction, you must have and provide the consent of your parent or guardian to use the Service if required by the laws applicable in your jurisdiction. MOR may also request a heightened level of verifiable parental consent if required by the laws applicable in your jurisdiction.
- Accounts and Login Information. Access to the Service may require you to register an account with MOR or with another service provider such as Steam, Oculus or Viveport (each an “Account”). In order to access an Account, you must typically obtain a user ID and a password but may be required to provide additional information such as responses to security questions (collectively, “Login Information”). You shall manage and ensure the security, conﬁdentiality and authorized use of Login Information. You are prohibited from sharing Login Information. MOR strongly recommends that you keep your Login Information confidential. You agree to be bound by any use of your Account, including charges and purchases, whether or not authorized and shall notify MOR promptly of unauthorized access or use of your Account.
- Early Release. The Service, including the use and access to the Museum, may be provided to you in an early release version (an “Early Release”). If you use or access an Early Release of the Service, you acknowledge and understand that the Service may not work as intended and the experience, environment, art displays, events or other features (collectively, “Features”) may be very different from those in the future releases of the Service. Bugs, incomplete Features, or faults may be present in an Early Release and you use the Service at your own risk. MOR does not guarantee that the Service will be completed or completed in any particular way, and may significantly alter or remove any of the Features at any time. Given the developmental nature of an Early Release and VR experiences in general, you agree that it is your sole responsibility to back-up your data and take other appropriate measure to protect your programs and data.
- Access to Art Content. The Service and in particular the Museum, may allow users access to certain Features, including but not limited to certain art displays, for either a limited amount of time or for only a restricted number of users. MOR does not guarantee that all users shall have access to the same Features or that Features provided in the past shall remain accessible in the future. The Museum is provided “as-is” and may differ in part or completely from advertised, displayed in any screenshots, as accessible in past moments in time or as accessible to different users.
4. USE OF THE SERVICE
- Authorized Use. You shall not:
- decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code or gain unauthorized access to the Service;
- alter, change or circumvent security related aspects of the Service;
- use any automated system (robot, spider, etc.) to access the Service;
- unless expressly permitted by MOR, reproduce, rearrange, modify, change, alter, translate, create derivative works from, display, perform, publish, or distribute the Service;
- break, disrupt or attempt to break or disrupt any device used to support the Service or experience of another person or knowingly exploit a flaw or bug in the Service;
- store or transmit material that is infringing, libellous, unlawful or in violation of any person’s rights;
- harass, dox, abuse, stalk, threaten or impersonate any person;
- sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by MOR;
- promote, encourage or undertake illegal activity or communicate, link to, post, submit or upload content that contains objectionable or offensive conduct; or
- infringe or violate third-party rights including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information,
as determined by MOR in its sole discretion.
- Suspension and Termination. MOR may suspend or terminate your access to the Service and/or Account, without notice or compensation to you, at any time for any reason (or for no reason) including but not limited to technical issues or non-compliance with the TOU. MOR has sole discretion to lift a suspension or reverse a termination. Your access to the Service and/or your Account, automatically terminates upon the earliest of the date: (a) you or MOR terminates access to your Account; or (b) of your non-compliance with the TOU. You may terminate access to your Account by ceasing access to the Service and uninstalling all MOR products and services from all computers and mobile devices, then notifying MOR using the contact information provided below. If at some point MOR ceases to offer the Museum or any aspect of the Service, suspends your access to the Service or terminates your access to the Service, you are not entitled to a refund of any kind and MOR shall not be liable to you or any third party for any related loss incurred.
5. PROPRIETARY RIGHTS
- Ownership and Rights. MOR retains all right, title and interest in the Service, including but not limited to copyrights, copyrightable works, patents, patent rights, trademarks and trade names. The TOU does not convey any right, title or interest in, or constitute the sale of any right to, the Service, any related products or an Account.
- User Content. “User Content” includes Social Content and any information that you submit, transmit or upload while using the Service including comments, recommendations, advice, ideas, submissions, forum posts, or other information. By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license User Content and you grant MOR an exclusive (non-exclusive in the case of Social Content), irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. MOR reserves the right to review, edit, delete or block access to User Content without notice. MOR is under no obligation to review or act upon any User Content that you may provide. Notwithstanding the above, if you are an artist providing content to MOR and the Museum subject to terms and conditions contained in our Artist Terms and Conditions (“Art Terms”), those Art Terms shall supersede this TOU in the case of any conflicting provisions, including in relation to the ownership and licensing of content.
- DMCA. MOR responds to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”). If you wish to make a DMCA claim, you must provide the following information in writing in your DMCA notice:
- identify the copyrighted work that you claim has been infringed;
- identify the material claimed to be infringing and where it is located;
- provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address;
- provide 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;
- provide 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; and
- provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
MOR may provide you notice if your communication, post, submission or upload was removed as a result of MOR receiving a DMCA notice from a copyright owner. If you receive notice from MOR, you may provide a counter-notification in writing to MOR’s designated DMCA agent through the means provided below.
DMCA notices can be sent to MOR by emailing email@example.com or by mail:
MOR Museum Inc.
#302 - 395 Railway St
Vancouver, BC V6A 1A4 Canada
6. DISCLAIMER AND LIMITATION OF LIABILITY
- DISCLAIMER. THE SERVICE IS PROVIDED TO YOU “AS IS” AND MOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, MOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, COMPLY WITH THE SPECIFICATIONS OF YOUR VR HEADSET, VR DEVICE, COMPUTER OR MOBILE DEVICE, WILL NOT CONTAIN A VIRUS OR ALTERED CONTENT IF DOWNLOADED FROM AN UNKNOWN OR UNVERIFIED SOURCE, OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM VR HEADSETS, VR DEVICES, COMPUTERS OR MOBILE DEVICES, RESULT IN LOST DATA, OR BE SECURE AGAINST UNAUTHORIZED ACCESS. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY MOR, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, SHALL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.
- VR DISCLAIMER. NOTWITHSTANDING THE GENERAL DISCLAIMER IN SECTION 6.1 ABOVE, MOR DISCLAIMS ALL LIABILITY ASSOCIATED WITH YOUR USE OF ANY VR PRODUCT OR SERVICE, INCLUDING THE MUSEUM, THE SERVICE OR ANY OTHER PRODUCT OR DEVICE REASONABLY RELATED TO THE SERVICE. IT IS ENTIRELY YOUR RESPONSIBILITY TO FOLLOW ALL WARNINGS ASSOCIATED WITH VR SOFTWARE, VR HEADSETS, VR PRODUCTS, VR DEVICES, COMPUTERS OR MOBILE DEVICES AND MOR HAS NO RESPONSIBILITY FOR ANY HARM CAUSED BY YOUR MISUSE OR ABUSE OF ANY SUCH PRODUCTS OR SERVICES. YOU BEAR THE ENTIRE RISK ASSOCIATED WITH USE OF THE MUSEUM AND THE SERVICE, INCLUDING BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY (INCLUDING DEATH AND DISABILITY TO YOU OR OTHERS) OR PROPERTY DAMAGE. AS WITH ALL VR PRODUCTS AND SERVICES, PLEASE FOLLOW THE INSTRUCTIONS PROVIDED WITH YOUR VR HEADSET OR VR DEVICE AND BE SURE TO ENJOY THE MUSEUM AND THE SERVICE IN A SAFE ENVIRONMENT AWAY FROM PEOPLE AND PROPERTY, INCLUDING PETS, WHO MAY COME INTO CONTACT WITH YOU OR OTHERS WHILE OPERATING ANY VR HEADSET.
- LIMITATION OF LIABILITY. MOR, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD-PARTY SERVICES INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, OR LOSS OF USER DATA, EVEN IF MOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
- MAXIMUM AGGREGATE LIABILITY. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD MOR FROM LIABILITY, YOU AGREE THAT MOR’S MAXIMUM AGGREGATE LIABILITY IN ANY CASE WHATSOEVER WILL BE THE TOTAL AMOUNT PAID BY YOU TO MOR IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION.
- Assignment. MOR may assign the TOU without your consent or notice to you. You cannot assign the TOU.
- Survival. Sections 5, 6 and 7 survive termination of the TOU.