Terms & Conditions


TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (“Terms”) govern your use of the virtual reality (VR)and other content NRG VR, Inc. (“NRG”) makes available through various platforms, including but not limited to web and mobile applications (“NRG Content”), as well as our website located at www.nrgvr.com (the “Site”). By accessing the Site, downloading, installing, or otherwise using any NRG Content, you accept without limitation or qualification these Terms, which is a legal agreement between you and NRG. If you are accepting these Terms on behalf of a company orother legal entity, you represent and warrant that you have the authority to bind that company orother legal entity to the Terms, and, in such event, “you” and “your” will refer to that company orother legal entity.

NRG may revise the Terms at any time, which revisions will be binding upon you should you continue to use the Site or download, install, access, or continue to use any NRG Content. If you do not wish to be bound by these Terms, please exit the Site now and refrain from further use of the Site and any NRG Content.

Health and Safety Notice: You will provide the following Health and Safety Notice to allend users of the NRG VR content:

Read and follow all setup and operating instructions and safety warnings provided with any virtual reality equipment you are using in connection with the NRG Content.

VR content (“VR Content”), such as the NRG Content, produces an immersive virtual reality experience, and users may have reactions to that experience, including motion sickness, nausea, eye strain, disorientation, vertigo, seizures, general discomfort, headaches, anxiety, or other physical, mental or health-related injuries. These reactions may be triggered when viewing VR Content for a brief or sustained period of time.

Immediately stop viewing VR Content if you experience any of these symptoms. Do not drive or operate machinery until you have recovered from any symptoms you experienced. See a doctor before viewing VR Content if you have a history of experiencing these symptoms or if you are prone to seizures. Anyone viewing VR Content should take frequent breaks while doing so. Remain seated whenever possible when viewing VR Content and take special care to be aware of your surroundings to ensure you do not injure yourself or other people around you while you are viewing or immediately after viewing VR Content. Viewing VR Content is not recommended for children without adult supervision.

I hereby, for myself, and on behalf of my heirs, executors, administrators, assigns or personal representatives, release and forever discharge NRG and its affiliates, members, partners, representatives, directors, employees, contractors, licensors, agents, and their successors and assigns (collectively, the “NRG Parties”) from and against any and all losses, damages, injuries (including death) or other liability financial or otherwise that may arise from my use of the NRGContent.

1. Grant of License. NRG hereby grants you a limited, nonexclusive license to access and use the Site and the NRG Content (which content may be used for viewing within a VR viewing device only) solely for personal and non-commercial purposes, in accordance with these Terms(the “License”). You may not sublicense, assign, or transfer the License, and any attempt at suchsublicense, assignment, or transfer is void. NRG expressly reserves all rights not expressly grantedto you in these Terms.

2. Restrictions. Except as otherwise specifically permitted in these Terms, you may not, and may not permit any third parties to: (1) modify or create derivative works of the NRG Content or the Site including, without limitation, by performing any translation or localization; (2) copy the NRG Content (except in the course of downloading the NRG Content for use in a VR viewing device for the limited purposes set forth in the License); (3) separate the NRG Content, which is licensed as a single product, into its component parts; (4) reverse engineer, decompile, disassemble, translate or otherwise attempt to derive the source code for the NRG Content or theSite; (5) redistribute, transfer, encumber, sell, rent, lease, lend, sublicense, or otherwise redistribute the NRG Content or the Site, or any portion thereof; (6) use the NRG Content in a timesharing arrangement or otherwise transfer any rights in or to the NRG Content or the Site; (7) make the Site or the NRG Content available to multiple users through any means, including but not limited to by uploading the NRG Content to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS), or any other type of services; (8) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the NRG Content or on the Site, or any portions thereof; (9) violate any applicable laws, rules and regulations, including but not limited to, infringing or misappropriating any intellectual property rights; (10) intentionally disrupt the Site or use the Site to upload, reproduce, transmit or distribute any software viruses or other computer code, files or programs designed to interrupt, destroy, degrade or limit the functionality of any computer software, hardware, data, system or telecommunications equipment; or (11) circumvent any technological or other protections employed by NRG to protect or otherwise restrict access to the NRG Content or the Site (“Rights Management Protections”) including, but not limited to digital rights management technology.

3. Intellectual Property. You acknowledge and agree that, as between us, NRG is the sole and exclusive owner of the NRG Content and the Site, including but not limited to, in all intellectual property rights therein. Nothing on the Site, within the NRG Content, or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use the Site or theNRG Content for any purposes other than those granted in the License, nor the right to use any content or property of any third party. Your use of the Site and the NRG Content also implies no right of any kind in any trademarks, logos, names, designs, and/or other intellectual property held by NRG. You represent that you will not take any action that would impede, limit or alter NRG’s rights in its intellectual property, including but not limited to any trademarks or copyrighted content.

4. Privacy. NRG is committed to protecting the privacy of its users. All information gathered from you in connection with your use of the NRG Content and the Site is governed by NRG’s Privacy Policy.

5. Termination. The License granted herein will remain in effect, unless terminated by NRG. NRG may terminate the License in its sole discretion, at any time and without notice to you. Without limiting the foregoing, the License granted herein will automatically terminate, with or without notice from NRG, if you breach any term of these Terms. Upon termination, you must, at NRG’s option, either promptly destroy or return to NRG all copies of the NRG Content in your possession or control and immediately cease all access to the Site.

6. Update or Upgrade to NRG Content. You acknowledge that NRG may, from time totime, in its sole discretion, issue updates or upgrades to the NRG Content or the Site. You agreethat these Terms will apply to all such updates or upgrades, as well as new NRG Content.

7. No Warranty. THE NRG CONTENT AND THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED, ORAL OR WRITTEN). NRG DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ALL WARRANTIES AND CONDITIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NRG MAKES NO WARRANTIES WITHRESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF ACOMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTERPROGRAM, EXCEPT THAT NRG WILL EXERCISE A REASONABLE LEVEL OF CARE TOPREVENT SUCH OCCURRENCES. NRG FURTHER DISCLAIMS ANY LIABILITY ANDMAKES NO WARRANTIES WITH RESPECT TO ANY ERRORS OR OMISSIONS ON THESITE OR IN THE NRG CONTENT, LIABILITY UNDER LIBEL LAWS, INFRINGEMENT OFRIGHTS OF PUBLICITY AND PRIVACY, MORAL RIGHTS, AND/OR THE DISCLOSUREOF CONFIDENTIAL INFORMATION, AND FURTHER DISCLAIMS ANY LIABILITY ANDMAKES NO WARRANTY WITH RESPECT TO ANY CLAIMS AND/OR THREATENEDCLAIMS (INCLUDING INTELLECTUAL PROPERTY RIGHTS CLAIMS AND/ORTHREATENED CLAIMS) RELATING TO: LINKS BETWEEN THE SITE AND OTHER SITESAND/OR THE CONTENT ON SUCH LINKED SITES; AND/OR ANY AND ALL USES,REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS THAT EXCEEDTHE LICENSE (WHETHER PERMITTED BY LAW OR OTHERWISE).

8. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND NRG, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE NRG CONTENT, AND THE VIEWING OF SUCH NRG CONTENT. NRG IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY PERSONAL INJURY, DAMAGE OR HARM RESULTING FROM YOUR USE OF THE SITE, THE NRG CONTENT,AND THE VIEWING OF SUCH NRG CONTENT. NRG’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO NRG BY YOU FOR YOUR USE OF THE NRG CONTENT OR, IN THE EVENT THAT NRG HAS MADE THE SITE OR NRG CONTENT AVAILABLE TO YOU WITHOUT CHARGE, NRG’S TOTAL LIABILITY WILL BE LIMITED TO $50. IN NO EVENT WILL NRG BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OFDATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR THE EXECUTION OR PERFORMANCE OF THE SITE OR THE NRG CONTENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER ORNOT NRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS ARE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liabilityfor incidental or consequential damages, so the above limitation or exclusion may not apply toyou.

9. Export Laws. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the NRG Content, the Site, nor any technical data related there to, nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

10. Third Party Materials; Third Party Hardware and Software. You may be able to accessor use third party websites, resources, content, or information (“Third Party Materials”) via the Site or via third party services making available NRG Content. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials. Without limiting any provisions of these Terms, you acknowledge and agree that NRG:(a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; and (b) has no liability to you or any third party for any harms, claims, liabilities, damages, injuries or losses arising our of or in connection with your access to or use of to such Third Party Materials. NRG makes no representation or warranty of any kind, express or implied, with respect to Third Party Materials, and the linking to such Third Party Materials shall not constitute any kind of endorsement of such materials. You should direct any concerns regarding any outside link to its site administrator. You acknowledge and agree that NRG is not responsible for any hardware or other software required to access and use the NRG Content, including, without limitation, any loss or corruption of data or any other loss or damage of any kind arising from your use of such hardware or software. Additionally, you acknowledge and agree that NRG is not responsible for your inability to access the NRG Content due to Third Party Materials that no longer function due to government embargo or other action.

11. Miscellaneous. These Terms shall be deemed to have been made and entered into in Broward County, Florida. These Terms will be governed by and construed under the laws of the State of Florida and the United States without regard to rules concerning conflicts of laws. In the event of any lawsuit or other proceeding between NRG and you, jurisdiction and venue for any such lawsuit or proceeding arising out of or related to these Terms and/or any other dispute whatsoever between NRG and you shall lie exclusively within the federal courts in and for theUnited District Court for the Southern District of Florida and the state courts located in Broward County, Florida. You waive any and all challenges to the jurisdiction and venue set forth herein above. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms. If any provision of these Terms is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.

HOW YOU CAN CONTACT US 

If you have any questions, comments, or concerns about this Privacy Policy, please contact us at:  NRG VR, Inc. Attn: Legal 333 Las Olas Way, CU1 Fort Lauderdale, FL 33301 E-mail: legal@nrgvr.com.