FOR ANY CLUBVR KIOSK TRANSACTIONS WHERE THE RENTED ITEM IS TO BE PICKED UP AT A KIOSK IN A JURISDICTION THAT DOES NOT REQUIRE TAX TO BE CHARGED OR COLLECTED AND FOR ANY CLUBVR ON DEMAND TRANSACTIONS WHERE THE ACCOUNT HOLDER’S BILLING ADDRESS IS LOCATED IN SUCH A JURISDICTION, THE CHARGES ASSOCIATED WITH YOUR RENTAL/PURCHASE WILL BE STATED AT THE TIME OF YOUR TRANSACTION (WHETHER AT THE KIOSK OR RESERVING ONLINE OR VIA MOBILE APPLICATION FOR CLUBVR KIOSK TRANSACTIONS OR ON THE APPLICABLE TITLE’S PAGE FOR CLUBVR ON DEMAND TRANSACTIONS). NO TAX WILL BE ADDED TO THOSE STATED CHARGES. THEREFORE, ANY REFERENCE TO “PLUS APPLICABLE TAX” OR “PLUS TAX” IN THESE TRANSACTION TERMS DO NOT APPLY TO THOSE CLUBVR TRANSACTIONS.
Table of Contents
- OWNERSHIP OF MATERIALS
- YOUR LICENSE TO USE MATERIALS
- USER COMMENTS AND POSTINGS
- ACCEPTABLE USE POLICY
- USER INTERACTIONS AND DISPUTES
- MEMBERSHIP & REGISTRATION
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS
- WIDGETS & APPLICATIONS
- THIRD PARTY LINKS, APPLICATIONS AND CONTENT
- LINKING POLICY
- SPECIAL TERMS FOR APPLE iOS DEVICES
- COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
- YOUR WARRANTIES
- OUR DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY; WAIVER
- TERM AND TERMINATION
- LOCATION AND TERRITORIAL RESTRICTIONS
- DISPUTE RESOLUTION; ARBITRATION
- GOVERNING LAW AND VENUE
- CONTACT INFORMATION
ClubVR reserves the right to modify or add to these Terms at any time (“Updated Terms”). You agree that we may notify you of the Updated Terms by making them available via the ClubVR Platforms, and that your use of the ClubVR Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the ClubVR Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the ClubVR Platforms from that point forward. Updated Terms will apply to your reservations or rental transactions that begin after the Updated Terms are effective.
OWNERSHIP OF MATERIALS
Unless otherwise explicitly specified, all materials that are included in, made available through or are otherwise a part of the ClubVR Platforms (and all past, present and future versions), including, without limitation: graphics; layout; text; instructions, widgets; images; audio-videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the ClubVR Platforms; the compilation, assembly and arrangement of the materials of the ClubVR Platforms; and all other materials related to the ClubVR Platforms (collectively, the "Materials") are owned, controlled or licensed by ClubVR, its subsidiaries, affiliates or suppliers and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of ClubVR, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
YOUR LICENSE TO USE MATERIALS
You also agree that you will not (or aid or abet any third party to): (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by ClubVR; or (c) provide access to any ClubVR Platforms or Materials via any medium without the prior written consent of an authorized representative of ClubVR.
USER COMMENTS AND POSTINGS
We may provide user comment areas, message boards or other interactive areas on the ClubVR Platforms (“Community Forums”) to give users of the ClubVR Platforms a forum to express their opinions and share their ideas, information, materials, and other user-generated content (each, “User Content”).
Rights You Grant to Us. Subject to applicable laws, whenever you send, post, upload, or otherwise make available User Content on a Community Forum or elsewhere on the ClubVR Platforms or directly to ClubVR (including by e-mail or text message) you: (1) grant to ClubVR an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast and perform that User Content and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed, without any compensation to you, and (2) waive all of your moral rights in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. Subject to applicable laws, you further authorize ClubVR to publish your User Content in a searchable format that may be accessed by users of the ClubVR Platforms and the Internet.
No Responsibility. We are not responsible for, and we do not endorse, the User Content posted in Community Forums or elsewhere on the ClubVR Platforms.
No Obligation to Prescreen/Monitor. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Content. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content. If your User Content contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that User Content. You agree that ClubVR has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its and its licensees' licensed rights to your User Content.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, ClubVR does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to ClubVR are included in the above license you grant to ClubVR for any User Content.
No Obligation to Use. You agree and understand that we are not obligated to post, keep or use your User Content.
ACCEPTABLE USE POLICY
The following rules are here to help you understand the conduct that is expected of you when you participate on any Community Forums or other interactive areas of the ClubVR Platforms. You agree that your participation in a Community Forum or other interactive area of the ClubVR Platforms is subject to all the Terms, including the following:
User Content must be yours please. All User Content must be in the public domain or original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the ClubVR Platforms and elsewhere. No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the ClubVR Platforms, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it. Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
Do not include music that isn't yours. Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise. Keep it relevant. Your User Content should relate to the content on the ClubVR Platforms and should be intended to add to the discussion and community on the ClubVR Platforms - it should not include irrelevant topics or postings. (This is not the place to discuss politics, religion, or private matters.) Please follow codes of social decency. Do not post offensive material. Be respectful of others' opinions and comments so we can continue to build a Community Forum for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on a Community Forum. Cursing, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. Do not use a Community Forum for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the ClubVR Platforms. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme. Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail or incur civil or criminal penalties for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
No violence. Your User Content may not promote violence or describe how to perform a violent act. Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company. Public forum. We hope that you will use each Community Forum to exchange information and content and have discussions with other members. However, please remember that a Community Forum is a public forum and User Content that you post on a Community Forum will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
Video Privacy Protection Act. You acknowledge that if you post your User Content to a Community Forum, including any information about your movie or other rentals, you are choosing to do so and the federal Video Privacy Protection Act of 1998 (18 U.S.C. § 2710), Connecticut General Statute § 53-450, Michigan Law § 445.1712, Maryland Code Article 27 § 583, and similarly worded state or other video privacy laws or regulations do not apply. However, to the extent that any of those laws or regulations do apply in any manner, you are providing your informed, written consent to the disclosure of that information pursuant to the law or regulation. Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature. Don't damage the ClubVR Platforms or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the ClubVR Platforms or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the ClubVR Platforms, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
MEMBERSHIP & REGISTRATION
Certain areas of the ClubVR Platforms may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the ClubVR Platforms. When you provide information to the ClubVR Platforms, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and devices so that others may not access the password protected portion of the ClubVR Platforms using your account in whole or in part. ClubVR reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
All sales, unless stated otherwise at the time of sale, are final and non-returnable, except as required by applicable law.
SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via the ClubVR Platforms may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
WIDGETS & APPLICATIONS
NOTICE TO THIRD PARTY SITES: Any of our Materials made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice and you will do so.
You may choose, at your sole and absolute discretion and risk, to use applications that connect a ClubVR Platform or your profile on a ClubVR Platform with a third party site (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your ClubVR Platform profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your ClubVR Platform accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if ClubVR has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold ClubVR harmless for the sharing of information relating to your ClubVR Platform accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
THIRD PARTY LINKS, APPLICATIONS AND CONTENT
ClubVR grants you the revocable permission to link to ClubVR.com; provided, however, that your web site, or any third party web sites that link to ClubVR.com: (a) must not frame or create a browser or border environment around any of the content on ClubVR.com or otherwise mirror any part of the ClubVR Platforms; (b) must not imply that ClubVR is endorsing or sponsoring it or its products, unless ClubVR has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in ClubVR sole opinion, harm ClubVR or its products or services; (d) must not use any ClubVR trademarks without the prior written permission from ClubVR; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in ClubVR sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to ClubVR.com, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, ClubVR reserves the right to prohibit linking to ClubVR.com for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
The ClubVR Platforms may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload content to the ClubVR Platforms, receive messages from the ClubVR Platforms (including, without limitation, push messages), download applications to your mobile phone or access ClubVR Platform features (collectively, the "Mobile Features"). We may charge for Mobile Features. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. To opt-out of receiving text messages associated with a Mobile Feature text "STOP" to the applicable shortcode for the Mobile Feature.
If you have registered for Mobile Features that utilize your mobile number, you agree to notify ClubVR of any changes to your mobile number and update your account(s) on the ClubVR Platforms to reflect this change.
SPECIAL TERMS FOR APPLE iOS DEVICES
Notwithstanding any other provision within these Terms, the following subparagraphs are applicable to those using a ClubVR application acquired from the Apple App Store to access the ClubVR Platforms on an Apple iOS device (“ClubVR iOS App”).
Acknowledgement. You acknowledge that this agreement is concluded between you and us only, and not with Apple. ClubVR, not Apple, is solely responsible for the ClubVR iOS App and the content thereof. You further acknowledge that ClubVR may not be used in any manner inconsistent with the App Store Terms of Service as of the Effective Date.
Scope of License. You are granted a license to use the ClubVR iOS App on any iOS device that you own or control and as permitted by the “Usage Rules” set forth in the App Store Terms of Service.
Maintenance and Support. We are solely responsible for providing maintenance and support for the ClubVR iOS App, as specified in these Terms or as required under applicable law. You and ClubVR acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ClubVR iOS App.
Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of a ClubVR iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such ClubVR iOS App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the ClubVR iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to a ClubVR iOS App or your possession and/or use of the ClubVR iOS App, including, but not limited to: (i) product-liability claims; (ii) any claim that the ClubVR iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law.
Intellectual Property Rights. In the event of any third-party claim that a ClubVR iOS App or your possession and use of such ClubVR iOS App infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third-Party Beneficiary. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
You may not use the ClubVR Platforms for any purpose or in any manner that infringes the rights of any third party. ClubVR encourages you to report any content on the ClubVR Platforms that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the ClubVR Platforms infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Copyright. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), ClubVR has a designated agent for receiving notices of copyright infringement and ClubVR follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ClubVR’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ClubVR’s copyright agent for notice of claims of copyright infringement on or regarding the ClubVR Platforms can be reached as follows:
Name: Legal, General Counsel
PO Box 1184
Cheshire, CT 06410
Phone number: (203) 651-0207
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
General Rights Information. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
ClubVR will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims!
Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; and (iii) by renting or purchasing Items from us, you acknowledge and represent that you are authorized to use the payment card used for your rental or purchase of Item(s).
You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the ClubVR Platforms and Items and you will be responsible for all charges related thereto.
OUR DISCLAIMER OF WARRANTIES
THE CLUBVR PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE MATERIALS AND ITEMS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CLUBVR AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "CLUBVR PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE CLUBVR PLATFORMS; (B) THE MATERIALS OR ITEMS ON OR PROVIDED THROUGH THE CLUBVR PLATFORMS; (C) USER CONTENT OR WIDGETS; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE CLUBVR PLATFORMS; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE CLUBVR PLATFORMS, INCLUDING, WITHOUT LIMITATION, ITEMS; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM CLUBVR OR VIA THE CLUBVR PLATFORMS. IN ADDITION, THE CLUBVR PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.
THE CLUBVR PARTIES DO NOT REPRESENT OR WARRANT THAT THE CLUBVR PLATFORMS, THE ITEMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE ITEMS, THE CLUBVR PLATFORMS, OR THE SERVERS THAT MAKE SOME OF THE CLUBVR PLATFORMS AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE CLUBVR PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE CLUBVR PLATFORMS IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE CLUBVR PLATFORMS, THAT YOUR USE IS AT YOUR SOLE RISK. THE CLUBVR PARTIES DO NOT WARRANT THAT YOUR USE OF THE CLUBVR PLATFORMS OR ITEMS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CLUBVR PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES..
BY ACCESSING OR USING A CLUBVR PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT CLUBVR PLATFORM.
THE CLUBVR PARTIES DO NOT ENDORSE THE USER CONTENT AND ARE NOT RESPONSIBLE FOR THE USER CONTENT.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE CLUBVR PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) A CLUBVR PLATFORM; (B) THE MATERIALS OR ITEMS; (C) USER CONTENT OR WIDGETS; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF A CLUBVR PLATFORM, ITEM, PROMO CODE OR MATERIALS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CLUBVR PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF A CLUBVR PLATFORM, MATERIALS, ITEM OR PROMO CODE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN A CLUBVR PLATFORM'S TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY COMPUTER, HARDWARE, VIDEO PLAYER, DVD PLAYER, GAME CONSOLE, BLU-RAY PLAYER, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CLUBVR PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A CLUBVR PLATFORM). IN NO EVENT WILL THE CLUBVR PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE LESSER OF THE AMOUNT WE CHARGED YOU FOR THE TRANSACTION OR TEN UNITED STATES DOLLARS ($10.00). YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR A DEFECTIVE RENTAL OR PURCHASE OF AN ITEM IS A REPLACEMENT WITH OR ACCESS TO A NON-DEFECTIVE COPY OF THE SAME ITEM IF AVAILABLE AND A REFUND OF YOUR RENTAL OR PURCHASE PRICE IF A NON-DEFECTIVE REPLACEMENT IS NOT AVAILABLE, AS DETERMINED BY CLUBVR IN ITS SOLE DISCRETION. IF YOU BELIEVE YOU AN ITEM IS DEFECTIVE, YOU MUST CONTACT CLUBVR CUSTOMER SERVICE, OTHERWISE CLUBVR WILL ASSUME THAT THE DEFECT OCCURRED DURING YOUR RENTAL PERIOD OR AFTER YOUR PURCHASE (AS APPLICABLE). THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE CLUBVR PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE CLUBVR PLATFORMS OR THE PRODUCTS PURCHASED VIA THE CLUBVR PLATFORMS, OR FOR THE CLUBVR PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CLUBVR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE CLUBVR PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE CLUBVR PARTIES.
BY ACCESSING A CLUBVR PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
TERM AND TERMINATION
ClubVR reserves the right to terminate your access to and use of the ClubVR Platforms or any of its features in its sole discretion, without notice and liability, including, without limitation, if ClubVR believes your conduct fails to conform to these Terms or any Additional Terms. ClubVR also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
For rentals of physical Items, you can terminate a rental transaction at any time by returning the rented Items, or by keeping the items through the maximum rental period, so long as you pay the accrued daily rental charge(s), plus tax. Rentals of other Items may terminate automatically upon termination of the applicable rental period.
ClubVR also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information, Items, or content available on the ClubVR Platforms, without limitation, in whole or in part, including the cessation of all activities associated with the ClubVR Platforms, with or without notice. You agree that ClubVR will not be liable to you or to any third party for any modification, suspension or discontinuance of the ClubVR Platforms or any part thereof. ClubVR also reserves the right to charge for use of the ClubVR Platforms, in whole or in part, and to change its fees from time to time in its discretion.
LOCATION AND TERRITORIAL RESTRICTIONS
Unless otherwise specified, the ClubVR Platforms and its Materials and the Items are made available for use in the United States.
The information provided on the ClubVR Platforms is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ClubVR to any registration requirement within such jurisdiction or country. ClubVR controls and operates the ClubVR Platforms from offices located in the United States and makes no representations or warranties that the information, products or services contained on the ClubVR Platforms are appropriate for use or access in other locations. Anyone using or accessing the ClubVR Platforms from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the ClubVR Platforms and/or the provision of any content, program, product, service, Item, or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software related to or made available by the ClubVR Platforms may be subject to United States export controls. Thus, no software from the ClubVR Platforms may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the ClubVR Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree to comply with all rules, laws and regulations that are applicable to your use of the ClubVR Platforms, including, without limitation, those governing your transmission or use of any software or data.
DISPUTE RESOLUTION; ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH CLUBVR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CLUBVR.
(a) Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and ClubVR agree: (a) to waive your and ClubVR's right to have any and all disputes arising from or connected to these Terms, the ClubVR Platforms or the Items (collectively, "Disputes") resolved in a court; and (b) to waive your and ClubVR's right to a jury trial. Instead, you and ClubVR agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
(b) No Class Arbitrations, Class Actions or Representative Actions. YOU AND CLUBVR AGREE THAT DISPUTES ARE PERSONAL TO YOU AND CLUBVR, AND THAT DISPUTES WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND CLUBVR AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
(c) Federal Arbitration Act. You and ClubVR agree that these Terms affect interstate commerce and that the enforceability of this Dispute Resolution; Arbitration Section shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA") to the maximum extent permitted by applicable law.
(d) Process. YOU AND CLUBVR AGREE THAT WE WILL NOTIFY EACH OTHER IN WRITING OF ANY DISPUTE WITHIN THIRTY (30) DAYS OF WHEN IT ARISES SO THAT WE CAN ATTEMPT IN GOOD FAITH TO RESOLVE THE DISPUTE INFORMALLY. Notice to ClubVR shall be sent by certified mail or courier to ClubVR, Attn: Verbi Legal, PO Box 1184, Cheshire, CT 06410. Your notice must include: (a) your name and contact information; (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. If you and ClubVR cannot agree to resolve the Dispute within thirty (30) days of ClubVR receiving your notice, then either you or we may commence an arbitration proceeding or file a claim in court as appropriate pursuant to this this Dispute Resolution; Arbitration Section. YOU AND CLUBVR AGREE THAT ANY ARBITRATION OR CLAIM MUST BE COMMENCED OR FILED WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES; OTHERWISE, YOU AND CLUBVR AGREE THAT THE CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO LONGER HAVE THE RIGHT TO ASSERT A CLAIM REGARDING THE DISPUTE). You and ClubVR agree that (1) any arbitration will occur in New Haven County, Connecticut, which you may attend either in person or via videoconference or telephone; (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.); and (3) the state or federal courts in New Haven County, Connecticut will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration; provided, however, that small claims courts in the jurisdiction in which you reside will have jurisdiction over small claims disputes.
(e) Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute and (ii) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(f) Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
(g) Severability. If any provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in subsection (b) of this Dispute Resolution; Arbitration Section are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by applicable law.
(h) Changes/Opt-Out. You can terminate this agreement to arbitrate within 30 days of first becoming subject to this arbitration provision by providing ClubVR with written notice to: ClubVR Automated Retail, Attn: Legal, General Counsel, PO Box 1184, Cheshire, CT 06410. In order to be effective, the notice must include your full name, be received by ClubVR at the required address within 30 days of first becoming subject to this arbitration provision and clearly indicate your intent to terminate this agreement to arbitrate. Your choice to terminate this agreement to arbitrate will not affect any other provision of these Terms.
Notwithstanding the modification-related provisions in these Terms, if we revise the dispute resolution provisions of these Terms, you may reject any such change within thirty (30) days of the date such change becomes effective by providing ClubVR with written notice to: ClubVR Automated Retail, Attn: Legal, General Counsel, PO Box 1184, Cheshire, CT 06410. In order to be effective, the notice must include your full name, be received by ClubVR at the required address within 30 days of the date such change becomes effective and clearly indicate your intent to reject changes to this Dispute Resolution; Arbitration Section. By rejecting changes, you are agreeing to resolve disputes in accordance with the last version of the Terms you accepted. Your choice to reject changes will not affect any other provision of these Terms.
GOVERNING LAW AND VENUE
THESE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS AND APPLICABLE UNITED STATES LAW, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THE DISPUTES OR ANY ACTION ARISING OUT OF OR RELATING TO DISPUTES BROUGHT BY A PERSON WHO PROPERLY OPTS OUT OF THE AGREEMENT TO ARBITRATE (IN ACCORDANCE WITH THESE TERMS) SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN DUPAGE COUNTY, ILLINOIS (EXCEPT FOR SMALL CLAIMS DISPUTES, WHICH MAY BE FILED IN SMALL CLAIMS COURTS IN THE JURISDICTION IN WHICH YOU RESIDE), AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF SUCH DISPUTES.
The failure of ClubVR to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit ClubVR rights with respect to such breach or any subsequent breaches. No waiver by ClubVR of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of ClubVR. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. ClubVR may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without ClubVR’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against ClubVR by virtue of ClubVR having drafted them.
ClubVR will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond ClubVR’s reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, shortages or delays in obtaining supplies or service, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
Notwithstanding termination of your use of the ClubVR Platforms, for any reason whatsoever, the following sections of these Terms continue and survive: “Ownership of Materials,” “User Comments and Postings,” “Your Warranties,” “Our Disclaimer of Warranties,” “Limitation of Liability; Waiver,” “Indemnification,” “Governing Law; Disputes” and “Miscellaneous.”
If you should have any questions or comments, please contact our toll-free customer service phone number: 1-203-651-0207.