Terms and Conditions
TERMS
These Terms of Service (“Terms”) regulate your access to and use of KABUK VR product, CalmNight VR and its related works (“Works”). With your acceptance of these Terms you acknowledge you have thoroughly reviewed the information presented below to you. Your acknowledgement of these statements is required before you are permitted to use the Experience.
YOUR ACCEPTANCE OF OUR PRIVACY POLICY
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy (see above), which is expressly incorporated herein. Before using this Experience or related Works, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Experience or related Works will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
OWNERSHIP AND LICENSING
The Terms applicable to KABUK VR and its Works protect the creators and their ownership of the product and brand of CalmNight VR. The Experience is owned and operated by KABUK VR, including relevant content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, services, and all other elements, including all associated intellectual property rights, are the sole and exclusive property of KABUK VR.
LEGAL USE OF CONTENT
You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or use the Experience, or aspects of the Experience, unless as expressly authorized by KABUK VR The parent company and creators reserve all rights to the Experience, current and future Works.
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS EXPERIENCE, ITS CONTENT, OR RELATED WORKS, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS EXPERIENCE OR RELATED WORKS. THIS EXPERIENCE, ITS CONTENT (INCLUDING USER-GENERATED CONTENT), OR RELATED WORKS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, KABUK VR, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS EXPERIENCE, ITS CONTENT, OR RELATED WORKS, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS THIS EXPERIENCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KABUK VR, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THESE PRODUCTS, (C) THAT THE CONTENT OF THIS EXPERIENCE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS EXPERIENCE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.WE DO NOT REPRESENT OR WARRANT THAT THIS EXPERIENCE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS EXPERIENCE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). KABUK VR DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED THE KABUK VR SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF KABUK VR WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS EXPERIENCE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
AGREEMENTS
Please note any participation in this Experience will constitute acceptance of this agreement. If you do not expressly agree to abide by the above stated and legal Policy and Terms, please do not participate in this Experience.
INDEMNITY
You agree to indemnify and hold KABUK VR, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Experience and related Works in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Experience causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
CONTACT INFORMATION
We welcome your comments or questions about the aforementioned Privacy Policy and Terms of Service. You may contact us through our website: https://www.calmnightvr.com
PRIVACY
We do not keep or track any data for users using CalmNight VR. No IP addresses, no Email, no account names.
If you do have any questions or concerns please just send us an email at [email protected]