Terms of Service

VR Space LLC (the “Company”, “us,” or “we”) is a virtual reality (“VR”) content creator that specializes in creating spaces tailored to social VR. Through our website, VR.Space, we offer as a subscription-based service, VR environments for download and use on third-party platforms, such as VRChat and Rec Room. These Terms of Service constitute an agreement between the Company and you, the user, and govern your access and use of our website, VR.Space.com, and all applications, features, widgets, software development kits, and content made available by or on behalf of us through the website (collectively, the “Site”).

All personal information that we collect through the Site is subject to our Privacy Policy (the “Privacy Policy”). You should read these Terms of Service and the Privacy Policy carefully before using the Site.

Consent to Terms

By using the Site, you agree to be bound by the terms and conditions contained in these Terms of Service. If you do not agree to these Terms of Service, you may not access or otherwise use the Site. We reserve the right, in our sole discretion, to modify these Terms of Service at any time by posting updated Terms of Service. By continuing to access and use the Site after any such modification is made, you are agreeing to such modification. Please check these Terms of Service frequently for updates. At the bottom of these Terms of Service is the date on which they were last updated.

Eligibility and Minors

You must be at least 13 years old to use the Site. If you are at least 13 but are under the age of 18, you may only use this Site with your parent’s, or legal guardian’s, consent and your parent or guardian must provide consent after having read these Terms of Service. In such case, you represent and warrant and covenant that both you and your parent or guardian have read and consent to these Terms of Service. If you are a parent or guardian consenting to these Terms of Service on behalf of a child between the ages of 13 and 18, you additionally agree to guarantee and be fully responsible for that person’s use of the Site and compliance with these Terms of Service, including all financial obligations or liability he, she, or they may incur, and all disclaimers, limitations, and waivers provided herein, and you agree to take all actions necessary to effect and perfect the foregoing.

Access to Content through Subscription-Based Service

Our VR environments are available for download through the Site as part of a paid subscription (the “Subscription”). You must be an active subscriber (a “Subscriber” or collectively “Subscribers”) of the Subscription to use any of our VR environments and related content provided through the Site. To become a Subscriber, you must have internet access and a valid form of payment. In addition to all other terms and conditions applicable to the Site, the following terms and conditions apply to the Subscription.

• Account and Credentials. To become a Subscriber, you will need to create a user account and password. You will be asked to provide us, or our third-party payment processor, with certain information, such as an email address, mailing address, and payment information. You are responsible for maintaining the confidentiality of your username, password, and other credentials (your “Credentials”) that you create to access the Site’s content. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify us of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in these Terms of Service.

• Electronic Communications. We may send you information relating to the Subscription (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices, content updates, promotional messages) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

• Payment Terms and Auto-Renewal. The Subscription involves automatically recurring payments for periodic charges, usually monthly, but in certain cases annually. If you activate a Subscription, you authorize us, or a third-party payment processor, to periodically charge your method of payment, on a going-forward basis until you cancel your Subscription or we terminate it. All applicable fees, including any applicable taxes and transaction fees, will be charged to the payment method last used by you. If your credit card cannot be charged and no other form of payment is on file with us, we may terminate your Subscription or restrict your access to the VR environments and related content on the Site. We may increase Subscription fees from time to time, in our sole discretion, and will notify you accordingly via the email address we have for you on file. You may cancel the Subscription at any time. You will not receive a refund of any fees previously paid upon cancellation. Access to certain content and features on the Site may require you to pay additional fees. Before you pay any fees for specific content, you will have an opportunity to review and accept the fees you will be charged. Unless otherwise stated, all fees or other amounts are in U.S. dollars and are non-refundable. Purchases made through third-party markets or websites may be governed by additional terms provided by such third-party markets or websites.

• License and Termination. All content and related materials downloaded from the Site are licensed to Subscribers, as provided in more detail in these Terms of Service, and are not sold to Subscribers. You are prohibited from downloading or utilizing, any Site content unless you are a Subscriber. If your Subscription is cancelled (whether by you or us), your right to download or use Site content, including VR environments and related content, immediately ceases.

• Right to Modify. We reserve the right to modify the content, type, and availability of the Site at any time for any reason or no reason at all. Additionally, we reserve the right to change or terminate any offered subscriptions or promotions at any time.

• For details about your purchases under the Subscription, including payment methods and payment terms, login to your user account.

Intellectual Property Rights

All content, files, names, logos, designs, graphics, text, audio, pictures, videos, software, and other materials on the Site or made available for download through the Site are the intellectual property of the Company, its affiliates or licensors, and are subject to and protected by the United States and international copyright and trademark laws.

Subject to these Terms of Service, we hereby grant Subscribers a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to the VR environments and related content downloaded from the Site solely for the Subscriber’s personal use and lawful purposes, on a single compatible devise and to access and use the Site in accordance with these Terms of Service. This license does not include any resale or commercial use of the Site or its content, any derivative use of the Site or its content, or any use of data mining, robots or similar data gathering and extraction tools. Subscribers may download, copy and/or transfer VR environments and related content and features to a computer or mobile device for personal, non-commercial, use only.

Use of the Site and Content

You may link to our Site from your site, blog, application, platform or services, provided that (a) the link redirects the user to the Site or the Company’s content when the user clicks on it, (b) you do not insert any intermediate page, splash page or other content between the link and the Site, (c) you do not place advertising in or on the Company’s content if embedded on your site (d) you do not use the Company’s content in a manner that suggests the Company, the Site, or Company’s content promotes or endorses your, or a third party’s cause, ideas, products, sites, applications, platforms or services, (e) you do not use the Company’s content for commercial purposes, and (f) you do not use the Company’s content in any way that is unlawful or harmful to any individual or entity, or could in any way alter the intended context of the Company’s content.

The Site and the Company’s content may not be reproduced, duplicated, copied, sold, licensed, or otherwise exploited for any commercial purpose without our express consent. Unless otherwise agreed upon in writing between you and the Company, Subscribers may use the content, content feeds, application programming interfaces, and other features on the Site only as expressly permitted in these Terms of Service.

You are prohibited from violating any law, statute, ordinance, or regulation.

You must not hack the Site or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You must not perform any activity to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.  You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of any of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.

If you provide us any feedback or suggestions for improving the Site or any aspect thereof (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right, but are under no obligation, to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

User Content

Certain features of the VR environments or related content or features may permit users to develop content for use in the Company’s VR environments or submit, upload, publish, broadcast, or otherwise transmit content in connection with the Company’s VR environments downloaded from the Site, including software code, messages, photos, videos, images, folders, data, text or other types of work (all such content, “User Content”). As between you and the Company, you retain copyright and any other proprietary rights in the User Content, subject to any licenses granted in these Terms of Service or in any other agreement between you and the Company. The Company disclaims any and all liability in connection with User Content. By submitting, posting, or displaying your User Content on the Site, you grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable, license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display, distribute, and otherwise use your User Content in connection with the operation or use of the Site or the promotion, advertising, or marketing thereof. Without limiting the foregoing, you acknowledge that we may preserve your User Content and may disclose your User Content and related information if required do so by law or in the good faith belief that such disclosure is reasonably necessary to (a) comply with legal requirements, (b) detect, prevent, or otherwise address fraud, security, or technical issues, (c) protect the rights of third parties, or (d) enforce these Terms of Service. You are solely responsible for your User Content and any third-party content you incorporate into, or utilize in connection with, the Company’s content.

User Representations and Warranties

By agreeing to these Terms of Service you make the following representations, warranties, and covenants.

• Eligibility and Consent to Terms of Service: You represent and warrant to us that: (a) you are at least 13 years old and have consented to the Terms of Service, or if you are under 18 years old, have obtained your parent’s or guardian’s consent to the Terms of Service; (b) you have not previously been suspended or removed from the Site; (c) your use of the Site complies with all applicable laws and regulations; and (d) you are not listed on, or covered by, any sanctioned person lists administered by the United States government or United Nations or located in a country subject to comprehensive United States sanctions. If any of the foregoing representations and warranties is inaccurate, or becomes inaccurate, you must immediately cease use of the Site and any of its content.

• User Content: You represent and warrant to us that: (a) if you post or submit any materials or personally-identifying information on or through the Site, you are at least 18 years of age, (b) you are the creator and owner of your User Content or you have obtained all necessary licenses, rights, consents, clearances, releases, and permissions to any User Content you develop, post, or submit in connection with our Content, (c) your User Content does not infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property right, and (d) your User Content does not, and will not, defame, threaten, or harass any individual or entity or incite violence.

• Company Content: You represent and warrant to us that (a) you will not redistribute the Company’s content downloaded from the Site, (b) you will not use our VR environments or other content in any way that violates any law or regulation or requires the Company to obtain any further licenses from or pay any royalties, fees, or compensation to any third party, and (c) if your Subscription is terminated (voluntarily or involuntarily) you will immediately cease using the Company’s VR environments and related content and will not publish any of the Company’s VR environments and related content publicly in any capacity.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any posting by a user or other content on the Site or in relation to the Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512 for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works on or related to the Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If content that you submitted has been removed as a result of a notification as described above and you believe that such content or portion of that content was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the content at issue.

Our designated Copyright Agent for notice of claims of infringement is:

VR Space LLC

Attn: Elaine Karapetian, President

Email: [email protected]

You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid. NOTE, WE ARE NOT YOUR ATTORNEYS. YOU SHOULD CONSULT WITH AN ATTORNEY IF YOU HAVE ANY QUESTIONS ABOUT COPYRIGHT LAW, TAKEDOWN NOTICES, OR YOUR USE OF PARTICULAR CONTENT.

Ability to Terminate Access to the Site and Its Content

Regardless of whether you are a Subscriber, we may terminate or suspend your access to all or part of the Site and terminate any licenses granted to you, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms of Service or any applicable law or is harmful to our interests or the interests of another party.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, and its members, managers, officers, employees, agents, and representatives from any and all claims, liabilities, costs or expenses, including attorneys’ fees, arising from (a) your breach of any of your representations and warranties to us, (b) your breach of the terms and conditions of these Terms of Service, (c) your use of the Site or the Company’s content, (d) your conduct related, to or use of, any third-party websites or platforms, in which you utilize or publish the Company’s content, or (e) your User Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Links to Third Party Websites, Applications, Platforms and Services

The Site may contain links to websites, applications, platforms or services maintained by third parties over which we have no control. Your use of such websites, applications, and platforms are governed by the terms of service or terms of use of those platforms, applications, and websites, and we encourage you to review those as well. We do not endorse the content, products or services of such websites, applications, platforms and services, and we disclaim any responsibility for the content or any products or services that appear on such third-party websites, applications, and platforms.

Disclaimer

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, THE COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, AFFILIATES, AND REPRESENTATIVES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT (1) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, (2) THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (3) THE QUALITY OF THE SITE OR CONTENT WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE OR DOWNLOADING ANY CONTENT FROM THE SITE. THE COMPANY DISCLAIMS ANY AND ALL LIAIBLITY FOR ANY USER CONTENT.

FURTHER, THE COMPANY MAKES NO REPRESENTATION THAT THE SITE, CONTENT, OR ANY PORTION THEREOF, IS APPROPRIATE OR AVAILABLE FOR USE IN JURISDICTIONS OUTSIDE OF THE UNITED STATES, OR THAT THESE TERMS OF SERVICE COMPLY WITH THE LAWS OF ANY OTHER COUNTRY. YOU AGREE THAT YOU WILL NOT ACCESS THE SITE FROM ANY TERRIROTY WHERE ITS CONTENT ARE ILLEGAL, AND THAT YOU, AND NOT THE COMPANY, ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS, AFFILIATES, OR REPRESENTATIVES BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION OR CONTENT; (B) FOR ANY INCORRECT OR INACCURATE INFORMATION; (C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (D) FOR THE CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE; OR (E) FOR ANY OTHER MATTER RELATING TO THE SITE, THE CONTENT, OR ANY THIRD-PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR ANY ACCESS TO OR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR THE SITE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SITE AND ANY CONTENT DOWNLOADED FROM THE SITE.

Claim Limitations Period

You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Site or these Terms of Service must be filed within six (6) months after such claim or cause of action arose or is forever barred.

Applicable Law; Jurisdiction; Class Action Waiver

These Terms of Service shall be governed, construed and enforced in accordance with the internal laws of the State of New York, without regard to conflict of laws principles. To the extent permissible by law, any disputes under these Terms of Service or relating to the Site shall be litigated in the New York Supreme Court, Saratoga County or in the United States District Court for the Northern District of New York, Albany Division, and you hereby consent to personal jurisdiction and venue therein.

To the fullest extent permitted by applicable law, NO CLAIM RELATED TO THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. 

Use Outside of the United States

We expressly disclaim any representation or warranty that the Site complies with all applicable laws and regulations outside of the United States. If you access the Site from outside of the United States, you acknowledge and agree that you are responsible for ensuring your use of the Site is in full compliance with all applicable laws, regulations, and customs of the jurisdiction in which you are located.

Consent to Electronic Communications

You consent to receive communications from us by email in accordance with these Terms of Service and applicable law. Any notices, requests, disclosures, or other communications that we provide to you electronically shall constitute delivery of written notice, request, disclosure, or other communication to you for purposes of any legal requirement that such notice, request, disclosure or other communication be provided to you in writing.

Miscellaneous

A modification or waiver of a part of these Terms of Service shall not constitute a waiver or modification of any other portion of the Terms of Service. If for any reason any provision of these Terms of Service is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Service will continue in full force and effect. These Terms of Service shall survive the cessation of your use of the Site and any of its content.

Contact Information

If you have any comments, questions or complaints regarding these Terms of Service or the Site, or wish to report any violation of these Terms of Service, please contact us at [email protected]. We will address any issue to the best of our abilities as soon as practicable.

Notice to California Residents

If you are a California resident, under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.

These Terms of Service were last updated on October 25, 2022.