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:terms of use:

| terms of use |: Text

 ::YOU ACKNOWLEDGE AND AGREE THAT::


- we provide you with our Service "as is";
- our Service is not and will not be free from faults or interruption (which may include Server failure, any Server congestion or any drop out);
- quality of our Service may vary at times, which also depends on your Devices and third party networks; and our Service may not be available at all times.
 
 :::Representations and Warranties:::


- Each party hereby represents and warrants that: (a) it has full power and authority to enter into this Agreement and perform its obligations hereunder; 
  - it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin; 
  - it has not entered into, and during the Term will not enter into, any agreement that would prevent it from complying with this Agreement; and 
  - it will comply with all applicable laws and regulations in its performance of this Agreement.


 :::No Warranty:::

- We do not exercise any control over, authorize or make any warranty regarding:
  - your right or ability to use, access or transmit any Content using our Service;
  - the accuracy, reliability or completeness of any Content which you may obtain, use, access or transmit using our Service, including data which may be cached as part of our Service; and
  - the consequences of you using, accessing or transmitting any Content, including Your Content, while using our Service.
- We do not warrant or guarantee that our Service, including any software or application to enable or use the Service you have downloaded on to your Device:
  - will conform exactly to the Specifications; or
  - is bug free or virus free (including worms or Trojans).
 
 ::CONFIDENTIALITY::


- "Confidential Information" means the terms of this Agreement and all confidential and proprietary information of us or you, including without limitation all business plans, product plans, financial information, software, designs, formulas, methods, know how, processes, materials provided by one party to the other in the course of us providing the Service to you under this Agreement, and technical, business and financial data of any nature whatsoever, provided that such information is either (i) marked or designated in writing as "confidential," "proprietary," or any other similar term or designation, or (ii) of a nature or provided under circumstances which a reasonable person would understand to be confidential. Confidential Information does not include information that is (i) rightfully in the receiving party's possession without obligation of confidentiality prior to receipt from the disclosing party; (ii) or becomes a matter of public knowledge or generally known in the industry through no fault of the receiving party; (iii) rightfully furnished to the receiving party by a third party without restriction on disclosure or use; or (iv) independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information. Each party shall (x) use Confidential Information of the other party only for the purposes of exercising rights or performing obligations in connection with this Agreement, and (ii) use at least reasonable care to protect from disclosure to any third parties any Confidential Information disclosed by the other party for a period from the date hereof until three (3) years following the termination date of this Agreement, provided, however, that Confidential Information that constitutes, contains or reveals, in whole or in part, a disclosing party’s trade secrets, and identified as such by the disclosing party, shall not be disclosed by the receiving party at any time. Notwithstanding the foregoing, a receiving party may disclose Confidential Information pursuant to a valid order of a court or authorized government agency provided that the receiving party has given the disclosing party prompt notice, to the extent legally permissible, so that the disclosing party will have an opportunity to defend, limit or protect against such disclosure.


 :::Intellectual Property Rights:::
 
 - You acknowledge and agree that we own:
  - all rights, title and interests in and to our Service; and
  - all Intellectual Property created in connection with our Service or your use of our Service, excluding the Intellectual Property Rights in Your Content.


 ::FEES & CHARGES::


- Fees are set out on in the Agreement or may be agreed between you and us from time to time.


 :::When fees are payable:::


- Fees are payable up front or in advance of your use of the Service.
- You are not entitled to any refunds if our Service is suspended or unavailable for use for a substantial period and that suspension or unavailability is not caused by our default.
- You must make payment before the service begins unless otherwise agreed.


 ::ORDINARY WEAR AND TEAR:: 


Customer shall be responsible for all damage not caused from ordinary wear and tear.

"Ordinary wear and tear" shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment.

Customer responsible for all equipment damage. Damage which is not "ordinary wear and tear" includes, but is not limited to:
- damage due to recklessness 

- excessive force on buttons or touch panels 

- disregard of chaperone boundaries 

- intentional breakage 

- improper use and placement of battery pack 

- improper fitting or placement of headset 

- excessively dirty or contaminated hands, body, and/or face 


 ::DAMAGE TO EQUIPMENT 1:: 


Client shall be responsible for the reasonable cost of repairing or replacing (to the extent that VirKade LLC determines, in its reasonable judgment that repairs cannot be adequately effected) any VirKade LLC equipment damaged or destroyed by Client, as defined below hereof (ordinary wear and tear excepted).


 ::DAMAGE TO EQUIPMENT 2:: 

The Client will be responsible for any damage or loss to the Provider’s equipment due to misuse by the Client or any guest of the Client and in the case of theft or damage (due to, but not limited to, recklessness, excessive force, or disregard of boundaries).  
Additionally, if the Provider judges the weather during the course of the Event to be inclement and thus unsafe, they reserve the right to cease operations for the safety of the equipment and of the clients, in which case no refund will be given.  


 ::DAMAGE TO EQUIPMENT 3:: 


I agree to pay for any damage to the equipment caused by my negligence, misuse, abuse or carelessness.  


 ::EQUIPMENT FAILURES 1:: 


In the event of equipment failures beyond Virkade’s control, VirKade LLC shall take reasonable and prompt steps to minimize service interruptions but shall have no liability with respect thereto.  
In the event of an equipment failure, VirKade LLC shall do anything deemed reasonable to justify the loss of time due to said failure.  
VirKade LLC shall take every precaution to ensure equipment failures do not occur. However, the participant understands that technology, Especially the new technology that VirKade LLC has developed and or uses, is not perfect and may not always function the way it is intended.  


 ::VIVEPORT & EXPERIENCE 1:: 


Viveport or any other activity experienced within VR is licensed but not owned or managed by VirKade LLC.  
Customer agree to adhere to the terms of use defined by each experience including but not limited to Viveport.  

| terms of use |: Text
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