Terms of Service for [product name/s]

Version [version number], Effective [effective date]

[service name][product name/s] by [company name] is a real-time communications platform for Virtual Reality, Augmented Reality, Desktop, Laptop, Mobile, or however else you browse the internet.

These Terms of Service explain your rights and responsibilities when you use [product name/s]

Privacy Policy

The [product name/s] Privacy Notice explains what information we collect when you use [product name/s] and how that information is handled and shared.

Communications and Content

[product name/s] allows users to send information (such as audio, video, text, images, 3D models, and scenes) to other users.

By using [product name/s], you agree to give [company name] all rights necessary to operate [product name/s]. This includes, but is not limited to, a license and permission to process, transmit, and display the information you send through [product name/s]. It also includes permission to gather and share information as described in the Privacy Notice for [product name/s].

When you submit information to [product name/s], you continue to own the rights to your content. You grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display that information, audio, video, images, or 3D models for the purpose of operating [product name/s]. You also agree that we may remove metadata associated with the information or data you submit. If you allow allow remixing of a scene or avatar you create, you agree to license your scene under a CC-BY 3.0 license.

You also represent and warrant that you have the authority to grant [company name] all rights and permissions necessary for the operation of [product name/s].

To learn more about how [product name/s] operates, you can see the source code here. To learn more about how Spoke operates, you can see the source code here.

Any ideas, suggestions, and feedback about [product name/s] that you provide to us are entirely voluntary, and you agree that [company name] may use such ideas, suggestions, and feedback without compensation or obligation to you.

You are solely responsible for the information you send, create, or edit using [product name/s], and the consequences of sending, creating, or editing that information.

Conditions of Use

By using [product name/s], you agree that your use will comply with [company name]’s Acceptable Use Policy. [company name] reserves the right to remove any content, suspend any users, and shut down any room it reasonably believes has violated these conditions.

Please also be aware of [company name]’s Community Participation Guidelines, which address participation in [company name] communities.

[company name]'s Rights

[company name] does not grant you any intellectual property rights in [product name/s] unless these Terms specifically say otherwise. For example, these Terms do not provide the right to use any of [company name]’s copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

[company name] distributes the [product name/s] software under an open source license. To learn more, you can read the license for Spoke, and you can read the license for [product name/s] or read the FAQ.

Services Interruption; Term; Termination

We are continuing to develop [product name/s]. As a result, we plan to upgrade and change them over time. To do this, we might have to temporarily suspend their service and it is not always possible for us to give notice. You will not be entitled to claim expenses or damages for such suspension or limitation of the use of [product name/s].

These Terms apply to your use of [product name/s] and will continue to apply until ended by either you or upon notice from [company name]. You can choose to end them at any time for any reason by discontinuing your use of [product name/s].

We may cut off your access to [product name/s], either temporarily or permanently at any time for any reason. This includes, but is not limited to, situations where we reasonably believe:

(i) you have violated these Terms

(ii) you create risk or possible legal exposure for [company name]; or

(iii) providing and operating [product name/s] is no longer commercially viable.

If possible, we will make reasonable efforts to notify you through the relevant program, either [product name/s] .

In all such cases, these Terms shall terminate, including, without limitation, your license to use [product name/s], except that the sections with the following titles shall continue to apply: Indemnification, Disclaimer; Limitation of Liability and Miscellaneous.

Indemnification

You agree to defend, indemnify and hold harmless [company name], and its respective parent and affiliate companies, contractors, contributors, licensors, partners, directors, officers, employees and agents ("Indemnified Parties") from and against any and all third party claims and expenses, including attorneys' fees, arising out of or related to your use of [product name/s]. This includes, but is not limited to, claims and expenses from any content you transmit, edit, or create using [product name/s].

Disclaimer; Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES, HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SERVICES ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING.

YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SERVICES FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE RISK THAT YOUR CONTENT IS DELETED OR CORRUPTED. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

EXCEPT AS REQUIRED BY LAW, THE INDEMNIFIED PARTIES, WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COLLECTIVE LIABILITY OF THE INDEMNIFIED PARTIES, UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

Modifications to These Terms

[company name] may update these Terms from time to time. We will post the updated Terms online. If the changes are substantive, we may announce the update through [company name]'s usual channels for such announcements such as blog posts, forums, or in the particular service itself, in this case: [product name/s].

Your continued use of [product name/s] after we post the new Terms constitutes your acceptance of the new Terms. To make your review more convenient, we will post an effective date at the top of this page.

Miscellaneous

These Terms make up the entire agreement between you and [company name] concerning [product name/s]. The laws of the state of [governing state] (excluding its conflict of law provisions) govern this agreement.

If any portion of these Terms is held to be invalid or unenforceable, the remaining portions remain in full force and effect. If there is a conflict or ambiguity between a translated version of these terms and the English language version, the English language version applies.

Contact Us

For support, to provide feedback, or to report abuse of [product name/s] or violations of the Conditions of Use, you can email us at [email address].

To report a claim of copyright or trademark infringement, see our policy.

For other notices, you may email us at [legal notices email address] or write to us at [corporation name] Corporation ([mailing address]).