PAYMENTS, TAXES, AND REFUND POLICY
You agree that you will pay on time for all products you purchase through the Store, and that Vrench may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. Your use of the Store includes the ability to enter into agreements and make transactions electronically, and you agree to be bound by such agreements and transactions.
Your total price will include the price of the product plus any applicable sales tax at the time you download the product, based on the bill-to address. All sales of products are final.
Prices for products offered via the Store may change at any time, and the Store does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Vrench.
REQUIREMENTS FOR USE OF THE SERVICE
The Store permits you to license software products and digital content (the "Products") for end user use only under the terms and conditions set forth in this Agreement. The Store is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it.
Use of the Store requires Virtual Reality headset, high-speed Internet access, vrench application and certain software, may require periodic updates, and may be affected by the performance of these factors. Meeting these requirements, which may change from time to time, and paying any fees associated with them is your responsibility. The Store and certain Products may communicate with Vrench servers from time to time to check for and automatically install available updates, such as bug fixes, patches, enhanced features, missing plug-ins, and new versions; by accessing the Store, you agree to such automatic updates.
The Store is not part of any other product or offering, and no use of any other product shall guarantee you access to the Store.
As a registered user of the Store, you may establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify Vrench of any security breach of your Account. Vrench shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Store (the "Registration Data"), and you agree to update your Registration Data to keep it accurate and complete. You agree that Vrench may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.
USE OF PRODUCTS AND THE SERVICE
You agree to use the Store and Products in compliance with the applicable usage rules established by Vrench in this Agreement and the rest of the Terms ("Usage Rules"). Vrench reserves the right to modify the Usage Rules at any time. Usage Rules may be controlled and monitored by Vrench for compliance purposes, and Vrench reserves the right to enforce the Usage Rules without notice to you.
You may access and use the Store and the Products for personal, non-commercial purposes solely in connection with the Virtual Reality Headset. You agree not to access the Store by any means other than through software that is provided by Vrench for accessing the Store, and not to modify such software for any purpose. You agree not to access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
SUBMISSIONS TO THE SERVICE
The Store may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Store accessible and viewable by other users of the Store and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses to the materials you submit.
You hereby grant Vrench a worldwide, royalty-free, nonexclusive license to use such materials as part of the Store, in relation to the Products, or in connection with any other product or service offered now or in the future by Vrench without any compensation or obligation to you. Vrench reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
Vrench has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Store, to investigate any reported or apparent violation of this Agreement, and to take any action that Vrench in its sole discretion deems appropriate, including, without limitation, termination of your access to and use of the Products and Store. Vrench shall have no liability to you whatsoever for any indecent, offensive, or objectionable material on the Store.
Certain content, Products, and services available via the Store may include materials from third parties. Vrench may provide links to third-party websites as a convenience to you. You agree that Vrench is not responsible for examining or evaluating the content or accuracy and Vrench does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Vrench is not in any way responsible for any such use by you.
You agree that the Store, including but not limited to Products, graphics, user interface, audio clips, editorial content, and scripts and software used to implement the Store, contain proprietary information and material that is owned by Vrench and/or its principals, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Store in compliance with this Agreement. No portion of the Store may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Store in any manner, and you shall not exploit the Store in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Vrench and its principals reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Store at any time without notice. In no event will Vrench be liable for making these changes. Vrench may also impose limits on the use of or access to certain features or portions of the Store, in any case and without notice or liability.
Vrench, the Vrench logo and other Vrench trademarks, service marks, graphics, and logos used in connection with the Store are trademarks or registered trademarks of NetBlink in Poland and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Store may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
If you fail, or Vrench suspects that you have failed, to comply with any of the provisions of this Agreement, Vrench, at its sole discretion, without notice to you may:
(I) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or
(II) terminate the license to the software; and/or
(III) preclude access to the Store (or any part thereof).
Vrench reserves the right to modify, suspend, or discontinue the Store (or any part or content thereof) at any time with or without notice to you, and Vrench will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
Vrench DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE OR ANY PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, AND YOU AGREE THAT FROM TIME TO TIME VRENCH MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY VRENCH) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL VRENCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VRENCH'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
VRENCH SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND VRENCH HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WAIVER AND INDEMNITY
BY USING THE SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD VRENCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY VRENCH AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM VRENCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF VRENCH'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Vrench reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Store. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Store will be deemed acceptance thereof.
The Terms constitute the entire agreement between you and Vrench regarding your use of the Store, superseding any prior agreements between you and Vrench. No Vrench employee or agent has the authority to vary this Agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate services, certain Products, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Vrench's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Vrench will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Vrench may notify you with respect to the Store by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the Store. Notices shall become effective immediately.
Vrench reserves the right to take steps Vrench believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
LICENSE OF PRODUCTS
The software products made available through the Store (the "Software Products") are licensed, not sold, to you. There are two (2) categories of Software Products: (i) those Software Products that have been developed, and are licensed to you, by Vrench ("Vrench Products"); and (ii) those Software Products that have been developed, and are licensed to you, by a third-party developer or publisher ("Third-Party Products"). The category of a particular Software Product (Vrench Product or Third-Party Product) is identified on the Store.
Your license to each Vrench Product is subject to the End User License Agreement. Your license to use each Third-Party Product is subject to the end user license agreement entered into between you and the licensor of that Third-Party Product (the "Application Provider").
You acknowledge that the license to each Vrench Product that you obtain through the Store, as defined below, is a binding agreement between you and Vrench. You acknowledge that Vrench is not a party to the license between you and the Application Provider with respect to that Third-Party Product. The Application Provider of each Third-Party Product is solely responsible for that Third-Party Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party Product.
IMPORTANT SAFETY INFORMATION
Your use of the virtual reality headset is subject to the terms, conditions, and health and safety warnings contained in the virtual reality headset User License Agreement.
LICENSED APPLICATION END USER LICENSE AGREEMENT
The software products (collectively, "Product(s)") made available through the Vrench Share Store (the "Store") are licensed, not sold, to you. Your license to each Product that you obtain through the Store is subject to your prior acceptance of this Licensed Application End User License Agreement ("Standard EULA"), and you agree that the terms of this Standard EULA will apply to each Product that you license through the Store, unless that Product is covered by a valid end user license agreement between you and the Application Provider of that Product, in which case the terms of that separate end user license agreement will govern. Your license to any Vrench Product under this Standard EULA or separate end user license agreement is granted by Vrench, and your license to any Third-Party Product under this Standard EULA or separate end user license agreement is granted by the Application Provider of that Third-Party Product. Any Product that is subject to the license granted under this Standard EULA is referred to herein as the "Licensed Application". The Application Provider or Vrench as applicable ("Licensor") reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
Scope of License: This license granted to you for the Licensed Application by Licensor is limited to a nontransferable license to use the Licensed Application on any other Vrench-branded products that you own or control and as permitted by the usage rules set forth in the Vrench Share Terms and Conditions (the "Usage Rules"). This license does not allow you to use the Licensed Application on any device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Licensed Application and, if you sell your personal computer to a third party, you must remove the Licensed Application from the personal computer before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
External Service; Third-Party Materials. The Licensed Application may enable access to Licensor's and/or third-party services and websites (collectively and individually, "External Service"). Use of the External Service requires Internet access and use of certain External Service requires you to accept additional terms.
You understand that by using any of the External Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Service at your sole risk and that neither the Licensor nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain External Service may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the External Service, you acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither the Licensor nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
You agree that the External Service contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Service or in any manner that is inconsistent with the terms of this Standard EULA or that infringes any intellectual property rights of a third party or Vrench. No portion of the External Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Service, in any manner, and you shall not exploit the External Service in any unauthorized way whatsoever, including but not limited to, using the External Service to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Service.
In addition, External Service and Third Party Materials that may be accessed from, displayed on or linked to from Vrench Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Service and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Service and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External Service at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Service. Licensor may also impose limits on the use of or access to certain External Service, in any case and without notice or liability.
VIRTUAL REALITY HEADSET, AND THE SOFTWARE PRODUCTS AVAILABLE ON THE STORE, PRODUCE AN IMMERSIVE VIDEO EXPERIENCE, WHICH CAN HAVE ADVERSE EFFECTS ON THE USER, INCLUDING SIMULATION SICKNESS, PERCEPTUAL AFTER EFFECTS, DISORIENTATION, DECREASED POSTURAL STABILITY, AND EYE STRAIN. SOME INDIVIDUALS MAY ALSO EXPERIENCE SEVERE DIZZINESS, EPILEPTIC SEIZURES, OR BLACKOUTS WHEN EXPOSED TO CERTAIN FLASHING LIGHTS OR PATTERNS LIKE THOSE PRODUCED BY THE HEADSET.
ACCORDINGLY, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE VIRTUAL REALITY HEADSET AND ANY PRODUCTS AND CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS: DIZZINESS; DISORIENTATION; ALTERED VISION; LOSS OF AWARENESS; NAUSEA; LIGHTHEADEDNESS; MOTION SICKNESS; SEIZURES; OR ANY TYPE OF DISCOMFORT OR PAIN IN THE HEAD OR EYES.
IN ADDITION, WHEN USING THE VIRTUAL REALITY HEADSET OR ANY OF THE PRODUCTS AVAILABLE ON THE STORE, YOU SHOULD ALWAYS OBSERVE THE FOLLOWING PRECAUTIONS:
(A) EASE INTO THE USE OF THE VIRTUAL REALITY HEADSET TO ALLOW YOUR BODY TO ADJUST, BEGINNING WITH ONLY A FEW MINUTES AT A TIME,
(B) AVOID USING THE VIRTUAL REALITY HEADSET CONTINUOUSLY FOR MORE THAN AN HOUR AT A TIME, AND (C) DO NOT USE THE VIRTUAL REALITY HEADSET WHEN YOU ARE TIRED OR NEED SLEEP. ANYONE WHO HAS HAD A HISTORY OF SEIZURES, LOSS OF AWARENESS, SYMPTOMS LINKED TO AN EPILEPTIC CONDITION OR IS OTHERWISE PRONE TO ANY FORM OF MOTION SICKNESS SHOULD CONSULT A DOCTOR BEFORE USING THE HEADSET.
ALWAYS BE AWARE OF YOUR SURROUNDINGS WHEN USING THE VIRTUAL REALITY HEADSET. TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR STAIRS, BALCONIES, WINDOWS, FURNITURE, OR OTHER ITEMS THAT CAN BE RUN INTO, TRIPPED OVER, OR KNOCKED DOWN WHEN USING THE VIRTUAL REALITY HEADSET, AND DO NOT HANDLE SHARP OR OTHERWISE DANGEROUS OBJECTS WHILE USING THE VIRTUAL REALITY HEADSET.
TO REDUCE THE RISK OF ELECTRIC SHOCK: