SCATTER VR TERMS OF SERVICE
Last Updated: September 7, 2021
Scatter Studios LLC (“Scatter," "we," "us" or "our”) is pleased to provide you access to, and use to our content, materials, or virtual reality experiences (the “Content”). By accepting these Scatter VR Terms of Service (the “Agreement” or these “Terms”) or by downloading, accessing, or otherwise using our Content, you acknowledge that this Agreement is a legally binding instrument, and that you have read, understood, and agreed to be bound by the terms and conditions herein. If you do not agree to these Terms, do not download, access or use the Content or any of the information available in the foregoing.
YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE CONTENT 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.
Scatter reserves the right to change or modify these Terms at any time and in our sole discretion. If Scatter makes changes to these Terms, we will make these new Terms available at http://www.zerodaysvr.com/legal/terms-of-service and update the "Last Updated" date at the top of the Terms. Your continued use of our Content will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Content. 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 Content.
1. Your Use of the Content
1.1 Content and Software License. You agree that Scatter and its licensors own all rights, title and interest in the Content. We hereby grant you a limited, non-exclusive, non-sublicensable license to download, access, and use the Content solely for your personal and non-commercial purposes, 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 Content, except as expressly permitted by Scatter or as permitted under applicable law. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
1.2 Third-Party Content. Your use of any services, applications, or content provided by third parties (“Third Party Content”) where the Content is made available for downloading and viewing may be subject to additional end-user agreements. If such end-user agreements conflict with the provisions of these Terms, these Terms will govern where applicable. Scatter has no responsibility or liability with respect to your access to or use of any 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 Scatter 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.
You may have the ability to purchase our Content through the Third Party Content. You may also have the ability to purchase additional or enhanced functionality or media content within certain Third Party Content (collectively, “Third Party In-App Purchases”). We have no responsibility for any transactions you enter into with a third party in connection with the Third Party Content and assume no liability for the Third Party Content or Third Party In-App Purchases.
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 Scatter) 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 noncommercial 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.
1.3 Availability. The Content may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Content in certain territories and jurisdictions.
2. Privacy Policy
Our Privacy Policy, which is available at http://www.zerodaysvr.com/legal/privacy-policy, is incorporated into these Terms and sets forth how we treat data, including how we collect, use and disclose information.
In addition, certain third parties (such as developers of Third Party Content and the manufacturers of your computer, mobile phone or other devices) may collect information about you in connection with your download, access to, or use of the Content. These third parties have their own privacy policies and will treat the information they collect about you according to these policies. We encourage you to review these privacy policies before providing any information to third parties. We are not responsible for the accuracy of any third party’s privacy policy or for ensuring that third parties comply with their privacy policies.
3. Additional Terms
These Terms are in addition to, and do not replace or change, any other agreements you may enter into with Scatter.
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 third-party privacy policies. We encourage you to review any such third-party agreements and policies carefully before accessing, downloading or using Third Party Content.
4. Ownership and Intellectual Property
Unless otherwise indicated, the Content is the property of Scatter or our licensors and are protected by copyright, trademark and other laws of the United States 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 Content.
Scatter and the Scatter logo ("Scatter Marks") are trademarks or registered trademarks of Specular, LLC d/b/a Scatter. The Scatter Marks 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.
5. Export Compliance and U.S. Government Rights
You will comply with all applicable export control laws of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations (“Export Laws”) to ensure that neither the Content nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such Export Laws.
6. Health and Safety Notice
6.1 UNLESS THE CONTENT WE PROVIDE TO YOU EXPLICITLY STATES OTHERWISE, CONTENT IS MEANT TO BE VIEWED WHILE SEATED, AS IT PRODUCES AN IMMERSIVE VIRTUAL REALITY EXPERIENCE THAT MAY CAUSE YOU TO EXPERIENCE SIMULATION SICKNESS, NAUSEA DISCOMFORT, EYE STRAIN OR DISORIENTATION. IMMEDIATELY STOP VIEWING OR USING THE CONTENT IF YOU EXPERIENCE ANY OF THESE SYMPTOMS. DO NOT DRIVE OR OPERATE MACHINERY UNTIL YOU HAVE RECOVERED FROM ANY SYMPTOMS YOU EXPERIENCED. SEE A DOCTOR BEFORE VIEWING ANY CONTENT IF YOU HAVE A HISTORY OF EXPEIRENCING THESE SYMPTOMS OR IF YOU ARE PRONE TO SEIZURES. ANYONE VIEWING THE CONTENT SHOULD TAKE FREQUENT BREAKS WHILE DOING SO. TAKE SPECIAL CARE TO BE AWARE OF YOUR SURROUNDINGS TO ENSURE THAT YOU DO NOT INJURE YOURSELF OR OTHER PEOPLE WHILE YOU ARE VIEWING OR IMMEDIATELY AFTER VIEWING THE CONTENT. VIEWING THE CONTENT IS NOT RECOMMENDED FOR CHILDREN WITHOUT ADULT SUPERVISION.
BY VIEWING AND USING THE CONTENT, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE WARNINGS AND INSTRUCTIONS.
6.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE CONTENT IS AT YOUR SOLE RISK. AS BETWEEN YOU AND SCATTER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SCATTER 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. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. Indemnification
You agree to defend, indemnify and hold harmless Scatter and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “Scatter 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 download, installation, access, or use of, or inability to use, the Content; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Scatter or a third party in relation to the Content, or (c) your violation of any applicable law or any rights of any third party.
8. Limitation of Liability
THE SCATTER 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 CONTENT, EVEN IF A SCATTER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SCATTER PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 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.
9. Governing Law
9.1 The laws of the State of New York, excluding its conflicts of law rules, govern your access to and use of the Content. Your access to and use of the Content may also be subject to other local, state, national or international laws.
9.2 You further agree that all disputes, causes of action, claims, or controversies arising under these Terms that cannot be settled through informal negotiation will be resolved exclusively in the United States District Court for the Eastern District of New York or a state court located in Kings County, and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such claims.
10. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
11. Assignment
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Scatter, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
12. Non-Waiver
Any failure by Scatter 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.
13. Contact Us
If you have any questions or concerns regarding these Terms or our Content, you may contact us at gather@scatter.nyc.