Welcome to the Osso VR, Inc. (“Osso VR”) website and other Osso VR-related sites and content (“Services”) accessible on or through any top-level Osso VR domain owned by us (the “Website”). Please read these Terms of Use (“Terms”) carefully. By using the Website, you (“User”, “You” or “Your”) are agreeing to these Terms and to the conditions and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, You agree that (1) You have read and familiarized yourself with this Agreement, (2) You understand the Agreement, and (3) You are bound by the Agreement in your use of the Website. You are entering into this Agreement with Osso VR, Inc. You should print a copy of this Agreement for Your records. This Agreement does not apply to any services, software or hardware provided to You by Osso VR, which will be provided according to the written agreement for the applicable services, software or hardware. If You do not accept all of the terms and conditions contained in or incorporated by reference into this Agreement, please do not use the Website.
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and such changes will be effective immediately upon posting to the Website. Your continued access or use of the Website signifies Your acceptance of the updated or modified Agreement. Unless otherwise indicated, any new material added to the Website will also be subject to the Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.
If You are submitting information for a business entity, by doing so, You represent that You have the authority to bind that business entity to the Agreement. We may, in our sole and absolute discretion, refuse to allow use of the Website or accept a person’s or entity’s information and may, at any time, refuse to permit a person’s, or entity’s, continuing use of the Website for any reason or for no reason, in our sole discretion.
The content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the “Content”), as well as the infrastructure used to provide such Content, is proprietary to Osso VR. Without our prior written permission, You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify our trademarks or other proprietary information in any way. You agree to follow all applicable laws and regulations when using the Website. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. Additionally, you agree not to:
1. Provide false or misleading information about Yourself to Osso VR, impersonate any other person, or otherwise attempt to mislead others about Your identity or the origin of any Content, message or other communication;
2. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any services if You are not expressly authorized by such party to do so;
3. Collect information about other visitors to the Osso VR Website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;
4. Probe, scan, test the vulnerability of or breach the authentication measures of the Website or any related web pages, networks or systems;
5. Use any robot, spider, scraper, deep link or other automated or manual means to access the Website, or copy, “scrape”, and/or redistribute any Content, information or software on the Website;
6. Manipulate or otherwise display the Website by using framing, creating deep-links to the Website by bypassing the Website’s home page, mirroring or similar navigational technology or directly link to any portion of the Website other than the main home page;
7. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Osso VR in connection with the Website;
8. Input or upload to the Website any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or information or that infringes the intellectual property rights of another; and
9. Use or access the Website in any way that, in Osso VR’s sole judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website, including but not limited to any action that imposes, or may impose, in Osso VR’s sole discretion, an unreasonable or disproportionately large load on our infrastructure.
Except for public domain material, the Website is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive, personal, limited, revocable, non-transferable license to use the Content at the Website while connected to the Website (including, where available, to email individual Content to others directly from this site). The foregoing license includes a limited right to print one copy of any Content posted at the Website, but only for Your personal use. Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks such as metatags on other websites also is strictly prohibited. You may not display the Website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at support@ossovr.com.
When You visit the Website or send or accept electronic messages through the Website, You are communicating with us electronically, and as a result, You consent to receive communications from us electronically. We may communicate with You by email or other authorized form of electronic message or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Agreement. You have a right to withdraw your consent to receive electronic communications at any time, and may request a paper version of any electronic communication. You acknowledge that such withdrawal of consent will prohibit You from accessing and using core functionalities of the Website. You further acknowledge that we reserve the right to charge You a reasonable fee for the production and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, write us at support@ossovr.com.
If our hardware or software requirements change, we will post to the Website notice of the revised hardware or software requirements. Continuing to use the Website after receiving notice of the changes to the Website is reaffirmation of Your consent.
Osso VR respects the intellectual property rights of others. Osso VR may, in appropriate circumstances and at its sole discretion, terminate the access of Users who infringe the copyrights or intellectual property rights of others.
If You believe Your work has been copied and is accessible at the Website, or other social network platforms operated by Osso VR, in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes Your copyright, You may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act (the "DMCA"). Our agent for notice of claims of copyright infringement on or regarding the Website can be reached by mail: Osso VR, 548 Market St., PMB 78848, San Francisco, CA 94105-5401; by email: legal@ossovr.com.
Your notice must satisfy the requirements of the DMCA and include the following information: (i) Your name, mailing address, and email address; (ii) A statement identifying the copyrighted material You claim is infringed, such as a URL linking to an authorized version of the copyrighted material; (iii) A statement identifying where the allegedly infringing material is located, such as URL
linking to the allegedly infringing material; (iv) A statement that You have a good faith belief that the allegedly infringing material identified in section (ii), above, is not authorized by the copyright owner, its agent, or the law; (v) A statement, made under penalty of perjury, that the information in this notice is accurate and that You are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and (vi) An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Registered Users are responsible for the protection of their account numbers, customer name, and password associated with Internet access to the Website. In the event of any unauthorized access to Your account, You must immediately notify Osso VR; however, Osso VR is not responsible or liable for damage of any kind as a result of any unauthorized access. To protect Yourself from unauthorized access to Your account information, Osso VR highly recommends that You change Your password frequently and do not share Your password with anyone.
IN NO EVENT WILL OSSO VR BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY KIND OF DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS, LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT OSSO VR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE FORESEEABLE BY OSSO VR, OR A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
OSSO VR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND
THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY OSSO VR. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OSSO VR DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM OSSO VR, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OSSO VR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
You agree to defend and indemnify Osso VR, each of its subsidiaries, and each of the foregoing’s respective affiliates, directors, officers, agents, partners, investors, employees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, arising from:
1. Your breach of this Agreement;
2. Your violation of any law or the rights of a third party; or
3. Your use of this Website.
You and each of Your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge Osso VR, each of its subsidiaries, and each of the foregoing’s respective affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Website.
You agree that Osso VR, in its sole discretion, may terminate or suspend Your use or access to the Website, Content, information, and services at any time and for any or no reason, in its sole discretion, and without prior notification, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Website. Accessing the Website, Content, information, and services after such termination, suspension or discontinuation will constitute an act of trespass. Further, You agree that Osso VR will not be liable to You or any third party for any termination or suspension of Your access to the Website, Content, information, and services.
The Website may contain links to websites, pages, accounts or other electronic media owned or controlled by parties other than Osso VR. Such links are provided for Your reference and convenience only. We do not control such websites and are not responsible for their contents or
the privacy or other practices of such websites. Further, it is up to You to take precautions to ensure that whatever links You select or software You download (whether from the Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link Your profile on Osso VR to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Website (collectively, the “Marks”) are the property of Osso VR or its licensors, content providers or other third parties. Nothing in these Terms or on the Website will be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of Osso VR or the owner of the Mark. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Osso VR and may not be copied, imitated or used, in whole or in part, without the prior written permission of Osso VR. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Osso VR.
If You are aware of an infringement of either Your brand or our brand, please let Osso VR know by contacting us via phone or email. See “How to Contact Osso VR,” below.
If You are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Osso VR, its subsidiaries, and each of the foregoing’s respective affiliates, directors, officers, agents, partners, investors, employees, successors and assigns from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
The information provided on the Website or any Services is neither designed nor intended to provide legal, medical, healthcare or other professional advice. It is your sole responsibility to seek such advice from licensed practitioners of requisite experience and qualification.
You agree to use the Website in strict compliance with all applicable laws, rules, rulings and regulations and in a fashion that does not, in the sole judgment of Osso VR, negatively reflect on the goodwill or reputation of Osso VR. You will take no actions that would cause Osso VR to be in violation of any laws, rules, rulings or regulations applicable to Osso VR. Osso VR and the Website are based in the United States. The Agreement is governed by and construed in accordance with the laws of the State of California without reference to the principles of conflicts of law of that state or any other jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of California or the courts of the United States located in San Francisco, California, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Website. You agree that all claims You may have against Osso VR arising from or relating to the Website must be heard and resolved in a court of competent subject matter jurisdiction located in the State of California within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including, without limitation, this paragraph. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement will continue in full force and effect.
The Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between You and Osso VR with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Osso VR with respect to the Website. A printed version of the Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If You have any questions or comments about the Agreement, or your dealings with the Website, please contact us by email sent to support@ossovr.com or by mail at Osso VR, 548 Market St., PMB 78848, San Francisco, CA 941-4-5401.
