Terms of Use

1. Introduction

1. You, Us, and this Document. This document relates to the use of the DeoVR platform, application, products, and services that we make available (collectively, the “Service”). The Service allows you to discover, watch, upload, share, and discuss virtual reality and other content. The Service is provided to you by us, Infomediji d.o.o., a Slovenian company (“we,” “us,” or “our”). Your use of the Service is subject to this document, and other documents, guidelines, or rules that we may implement and update from time to time (collectively, these “Terms”).
2. Accepting This Document. Please read these Terms carefully and make sure you understand it. If you do not understand these Terms, or if you do not wish to accept these Terms, or any part of it, then you may not use the Service.
3. Preliminary Notice about Disputes. NOTICE REGARDING DISPUTE RESOLUTION. These Terms contain provisions about how claims between you and us are resolved, including an agreement and obligation to arbitrate disputes, which, with limited exceptions, requires you to submit claims you may have against us to binding arbitration. This means that, subject to the arbitration clauses below, you will only be permitted to pursue any claims against us on an individual basis, and not as part of any class or representative action or proceeding, and you will only be permitted to seek relief on an individual basis.
4. Your Information. Our Privacy Statement explains how we treat your personal data. You should make sure to read and fully understand the Privacy Statement before using the Service. We may change the Privacy Statement (and our use of your personal data) from time to time in our discretion.

2. Who Can Use the Service?

1. Age Requirement. You must be at least 13 years old to use the Service. However, if you are under 18 years old, then you must obtain your parent or guardian’s permission to use the Service. If you are under 18 years old, you must have your parent or legal guardian read these Terms with you. If you are the parent or legal guardian of a user under 18 years old, then by allowing your them to use the Service, you are agreeing to these Terms and taking responsibility for them under this Agreement.
2. Businesses. If you are using the Service on behalf of a business entity or other organization, you must have the authority to enter into these Terms on behalf of the entity or organization, and you represent that the entity or organization accepts these Terms.

3. Accounts and Authorization

1. Accounts. You may need to create an account on the Service (an “Account”) to use the Service to the fullest extent. All information you provide to us when creating an Account must be accurate, and you must update it when that information changes. You cannot use another person’s Account. You are responsible for maintaining the security of your own Account (e.g., by safeguarding your password) and you are responsible for any activities occurring on your Account. You must let us know immediately if you learn of any breach of the security of your Account.
2. Authorization. Your permission to use the Service is subject to our discretion, as well as these Terms, and we can terminate your permission to use the Service at any time and for any reason. You may not use, or attempt to use, the Service after we have terminated your permission, though the provisions of these Terms will continue to otherwise be in effect.

4. Use of and Content on the Service

1. Content. The Service contains a wide range of content, including virtual reality content, videos, audio, graphics, photos, text, brands, software, and other materials, which may be provided by you, us, or third-parties (collectively, “Content”). Content is the responsibility of the person who submits the Content to the Service, and we are under no responsibility to any person to host or distribute any Content. We have the right to refuse to accept, remove, or disable access to any Content for any or no reason in our sole discretion, with or without notice to any person.
2. Personal Use Only. You can only view, listen to, and experience Content for your own personal and non-commercial use and otherwise in accordance with these Terms. Using the Service does not give you ownership over, or any rights to, any Content on the Service or available through the Service.
3. Further Limitations on Use. Your use of the Service and any Content on the Service is subject to the following restrictions:

1. You may not access, copy, modify, publish, transmit, distribute, sell, make derivative works of, broadcast, license, or otherwise use any part of the Service or any Content except as is explicitly permitted in these Terms.
2. You may not use the Service in any way that is a violation of any applicable laws, in any way that may make us liable in any way, or in any way that would cause harm to any other person.
3. You may not circumvent, disable, interfere with, of fraudulently use the Service (or attempt to do any of these things), including any security features of the Service or technical limitations of the Service that may, among other things, prevent or restrict copying or other use of Content or limit the use of the Service. In general, you may not use any automated means to download, monitor, or use Content or the Service.
4. You may not collect any information from the Service that may be used to identify any person, nor may you use the Service to stalk or harass anyone.
5. You may not use the Service in connection with any viruses or other content that interrupts, destroys, limits, or monitors any systems.
6. You may not reverse engineer the Service.
7. You may not use the Service for any unsolicited promotional or commercial content, or to engage in any form of mass solicitation, whether wanted or unwanted.
8. You may not engage in any activities that may cause inaccurate or ungenuine metrics of user engagement, including paying people to interact with or manipulate the Service.
9. You may not misuse any reporting, flagging, complaint, dispute, or other features or processes of or relating to the Service.
10. You may not run any contests on or through the Service.

4. Your Content. If you upload, submit, stream, or otherwise make available (collectively, “upload”) any content on or through the Service, including any communications you may send through the Service, and your profile information (collectively, “Your Content”), you are entirely responsible for Your Content and you will be solely responsible for all the consequences of uploading Your Content. We may use both manual and automated systems that review and analyze Your Content to ensure that it complies with these Terms.
5. Requirements for Your Content. In addition to the general limitation on use detailed above, you must comply with all of the following in connection with all of Your Content:

1. You must own or have the necessary licenses, permissions, rights, and consents to use Your Content and to upload Your Content to the Service. Without limiting the foregoing, you must have explicit consent from each person who is identifiable in Your Content to appear in Your Content.
2. You may not upload any content that violates the rights of any other person, whether it be their copyrights, trademark rights, trade secret rights, privacy rights, publicity rights, or any other rights.
3. You may not upload any content that is obscene, vulgar, pornographic, illegal, unlawful, defamatory, fraudulent, harassing, abusive, threatening, hateful, inflammatory, or otherwise deemed inappropriate in our discretion.
4. You may not upload any content that promotes or depicts illegal activities, promotes or depicts physical harm or injury, or promotes or depicts cruelty to animals.
5. You must comply with any other rules or provisions as we may set forth in our upload rules, community guidelines, or other limitations posted on the Service, as we may create and update from time to time.
6. You may not charge other persons for access to Your Content through any medium outside of the methods as made available on the Service. This means, for instance, that you may not charge other people on another platform to give them access to Your Content on the Service.

6. License to Us. You retain your rights in Your Content, though, in order for us to make use of Your Content on the Service, we require that you give us certain rights. Accordingly, by uploading Your Content to the Service, you are granting us a world-wide, non-exclusive, royalty-free, sub-licensable, transferable license to use Your Content (including the rights to reproduce, distribute, create derivative works, display, and perform) in connection with the Service and our business and the business of our affiliates, including for the purposes of promoting the Service. Without limiting the breadth of the foregoing license, you acknowledge and understand that we may modify Your Content for the purposes of conforming it to the standards of the Service (including subjecting it to, for instance, watermarks, interpolation, stabilization, encoding, previews, bitrate, audio-visual corrections and other quality issues) or otherwise editing it for use on the Service (including the creation of shorts, use in compilations, or other edits and uses). You understand and agree that we may monetize Your Content on the Service (including by displaying ads with or in Your Content or charging a fee for accessing Your Content), but nothing in these Terms alone entitles you to any payments if we do so. Any payments you may receive from us must be subject to a separate agreement between you and us explicitly setting forth any payment to which you may be entitled.
7. License to Other Users. As part of uploading Your Content to the Service for other users to experience, you are granting each other user of the Service a worldwide, non-exclusive, royalty-free license to access Your Content through the Service, and to use Your Content, including to reproduce, distribute, download, prepare derivative works, display, and perform Your Content, only as enabled by the technological features of the Service, and only for their own personal and non-commercial use. However, nothing herein gives other users a right to make use of Your Content outside of the Service as available on the Service.
8. Length of License. With respect to each piece of Your Content, the above licenses to us and other users is in effect from when you upload such piece of Your Content to the Service, and lasts until some commercially reasonable time after you remove or delete Your Content from the Service. You agree that, even if you remove or delete Your Content from the Service, we may retain a copy of Your Content, though we will not publicly display, perform, or distribute the removed or deleted content (except as may be explicitly otherwise described herein). You have the right to remove Your Content from the Service at any time, subject to other provisions in these Terms.
9. Monetized Content. From time to time, we may make available, subject to limitations, the ability for you to monetize some of Your Content (“Monetized Content”). Depending on the method in which you chose to make Monetized Content available on the Service (for instance, if you sell it on the Service as “pay-per-video” or as part of a library membership), your content will be made available to other users of the Service in accordance with that method of distribution and sale and, in certain circumstances, other authorized users may continue to have access to the Monetized Content indefinitely even after you request to remove the Monetized Content from the Service (for instance, in the event that a user purchases the Monetized Content on a “pay-per-video” basis). We may require you to agree to such other contract as between you and us with relation to Monetized Content describing additional legal terms regarding that content and the relationship between you and us regarding that content. Your right to any monetary compensation for any Monetized Content will be based on such formulas and factors as we may decide in our sole discretion, and which may change from time to time in our discretion. In the event of your dissatisfaction with the outcome of the application of our formulas and factors, your sole remedy is to remove the Monetized Content from the Service. Prices charged for memberships or other forms of monetization are solely within our discretion (though we may let you suggest the price in some circumstances), and we may change the prices from time to time in our discretion. Any amounts payable to you pursuant to our formulas and factors will be paid pursuant to our standard practices as may be established or changed from time to time in our discretion. Without limiting the generality of the foregoing, before making any payment to you, we may require you to accrue a reasonable minimum amount otherwise payable and require you to provide us with requested banking or other information or documents. We take no responsibility for paying any taxes, banking commissions, currency fees, or other expenses on your behalf. If you are a natural person, we may also condition the payment of any amounts payable to you until you register a suitable business entity as we may require and assign your rights to all proceeds to such entity.
10. Documentation. We may require you to provide reasonable documentation from time to time to prove your compliance with the provisions of the Terms. For instance, we may require that you provide documents proving your ownership over Your Content, or that you have a license to upload Your Content to the Service. We may also require that you provide releases or other documentation regarding persons in Your Content. The acceptance of any such documents by us will be subject to our sole and absolute discretion. If you fail to provide these documents within such time as we may require or we do not accept the documents in our discretion, then, without limitation of any of our other rights under these Terms, we reserve the right to withhold any payments from you, remove Your Content from the Service, terminate your access to the Service, or take such other action as we deem desirable.

5. Payments, Memberships, Subscriptions and Fees.

1. Generally. Occasionally, to the extent we chose to make it available, we may require you to make payments in order to access certain Content, whether that be for Content on a pay-per-view, pay-per-content, membership, or other type of basis. We may set the prices for any of these in our discretion and change them in our discretion, including the terms for payments and the basis for access to the Content.
2. Forms of Payment. You may be required to provide us, or our payment processors, partners, or affiliates, with certain information to allow us or them to process and authorize your payments. All information you provide must be accurate and must be your information.
3. Our Rights. We reserve the right to refuse, cancel, or terminate your purchases in our discretion, including, without limitation, in case of product or service unavailability or errors. We may also choose, in our discretion, to issue non-monetary penalties against you or your Account in the event of chargebacks or refunds, including by limiting your ability to make further purchases. In the event of a chargeback, refund request, or any other dispute, we may also, in our discretion, terminate your Account and your access to any Content on the Service.
4. Subscriptions. All memberships and subscriptions automatically renew upon expiration, unless you cancel your membership or subscription before the end of the then current membership or subscription period. You acknowledge and agree that we (or our payment processors, partners, or affiliates) may charge the payment method on file for these renewals.
5. Refunds. Due to the nature of the Service, being in particular a digital service, we only issue refunds on a case-by-case basis in our discretion, and only when there is a provable issue with the Content that you have received. Refunds are not available for any Content that you have already accessed. For Content that you have not accessed, you must submit a refund request within 14 days of your purchase. You must make sure that your order is correct before making a purchase, and we are not responsible for your errors and do not make refunds because of your errors. We are also not responsible for, and will make no refunds for, technical issues with your device, internet connection, or any other system or matter outside of our direct control.

6. Your Information and Privacy.

1. Privacy Policy. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. Please make sure to read and understand the Privacy Policy, including any updates as we may make to it in our discretion. By using our Service, you understand, acknowledge, and agree that we may access, use, preserve, and disclose your information if required to do so by law or in a good faith belief that such access, use, preservation, or disclosure is reasonably desirable or necessary for us, and not prohibited by law.

7. Intellectual Property Claims.

1. Respect Third Party Intellectual Property. We respect the intellectual property rights of others. This means that you cannot use the Service in connection with the infringement of any person’s copyrights, trademarks, or other intellectual or proprietary property or rights.
2. Repeat Infringer Policy. We maintain a policy with regards to users that are deemed to be repeat infringers of intellectual property rights. Though we may take other factors into consideration in our discretion, for any user whose Content we receive three good-faith and effective complaints within any contiguous six-month period, such user’s use of the Service will be terminated.
3. Digital Millennium Copyright Act. Though we are not subject to United States law, we voluntarily comply with the notice and take-down procedures of the Digital Millennium Copyright Act codified in Section 512(c)(2) of Title 17 of the United States Code. Takedown notices and counter-notices sent in accordance with the Copyright Act may be emailed to legal@infomediji.com, or sent to Copyright Manager, Infomediji d.o.o., Tehnoloski park 19, Ljubljana, 1000 Slovenia.

8. Modification of These Terms.

1. General. We may amend or restate these Terms at any time by posting such amended or restated Terms on the Service. Though we may provide other notice to you about such amendments or restatements, we are under no requirement to do so. You understand and agree that if you continue to use the Service after such an amendment or restatement, such use will constitute your acceptance of the amendment or restatement, whether or not you have actually read the amendment or restatement.

9. Other Legal Terms

1. Indemnification. To the fullest extent of the law, you hereby accept for full responsibility for, and shall indemnify us, hold us harmless and, to the extent demanded, defend us for any and all damages or threatened, pending, or completed action, suit, proceeding, or other dispute resolution mechanism, as well as for any hearing, inquiry, or investigation that we believe may lead to any action, suit, proceeding, or dispute resolution mechanism, whether civil, criminal, administrative, investigative, or otherwise  by reason of, connected to, or arising in part or in whole out of your use of the Service, or Your Content (including, without limitation, if it violates the intellectual property rights of any person), or your breach of these Terms. Without limiting the generality of the foregoing, you must indemnify us against any and all expenses, losses, claims, damages, or liabilities, joint or several, including, without limitation, attorneys’, investigative, legal, court, and other out-of-pocket obligations, costs, or fees, and the costs of being a witness, incurred as a result of any of the foregoing. Your obligations under this paragraph will survive these Terms and your use of the Service.
2. Warranty Disclaimer. OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND WE DO NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTY ABOUT THE CONTENT, THE SPECIFIC FEATURES OF THE SERVICE, OR THE ACCURACY, RELIABILITY, OR AVAILABILITY OF ANY PART OF THE SERVICE OR CONTENT, THE ABILITY OF THE SERVICE TO MEET YOUR NEEDS OR EXPECTATIONS, OR THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE.
3. Limitation of Liability. EXCEPT AS REQUIRED BY APPLICABLE LAW, WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, INCLUDING ANY CLAIMS FOR LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS. WITHOUT LIMITATION OF THE FOREGOING, WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM (a) ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR OR ANY OTHER PERSON’S USE OF THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE; (d) INTERRUPTION OR CESSATION OF THE SERVICE, OR ANY PART THEREOF; (e) VIRUSES OR MALICIOUS CODE TRANSMITTED THROUGH OR IN CONNECTION WITH THE SERVICE BY ANY THIRD PARTY; (f) ANY CONTENT, WHETHER SUBMITTED BY ANY USER (INCLUDING YOURSELF) OR BY US; OR (g) THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT. THESE PROVISIONS APPLY REGARDLESS OF THE FORM OF THE CLAIM, INCLUDING WHETHER IT IS ASSERTED ON THE BASIS OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
4. Maximum Liability. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF YOUR DISSATISFACTION WITH THE SERVICE OF ANY OTHER GRIEVANCE SHALL BE LIMITED TO THE TERMINATION OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN CONNECTION WITH YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE THAT YOU GIVE NOTICE, IN WRITING OF YOUR CLAIMS; AND (B) USD $500.
5. Third-Party Links. The Service may have the ability to access or contain links to third-party websites, services, or applications that are not owned or controlled by us. We have no control over, and assume no responsibility for, such websites, services, or applications. You must take care when leaving the Service or accessing third-party websites, services, or applications on or through the Service as we have no responsibility for or to you in connection with your use or access of the same. We suggest you read the terms and privacy policy of each third-party website, service, or application that you visit or use.
6. Our Affiliates. All of the above provisions shall be deemed to apply to the benefit of our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, insurers, attorneys, successors, and assigns.

10. Disputes.

1. General Law and Jurisdiction. Subject to the arbitration provisions below, to the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of Slovenia without regard to conflict of law provisions. YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN SLOVENIA FOR ANY DISPUTE BETWEEN YOU AND US. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE ARE REQUIRED TO BRING ANY ACTION AGAINST YOU FROM OR IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, SUCH ACTION MAY BE BROUGHT IN THE JURISDICTION AND VENUE IN WHICH THE INDEMNIFICATION CLAIM ARISES.
2. Arbitration. Any controversies, disputes, actions, causes of action or other claims between you and us arising out of or relating to these Terms, or the breach, termination, or validity hereof or your use of the Service (a “Controversy”) shall be finally settled by binding arbitration before a single neutral arbitrator in accordance with the JAMS International Arbitration Rules (modified only as herein expressly provided). The arbitrator shall be experienced with regard to disputes of the type for which arbitration is being sought. The arbitration shall be before one arbitrator mutually agreed upon by the parties. The parties agree that the arbitration will be held in Slovenia, or in such other place as the parties may mutually agree upon. The arbitration will be held in accordance with and subject to the procedural and substantive laws of Slovenia. The arbitrator may enter a default decision against any party who fails to participate in the arbitration proceedings. The decision of the arbitrator on the points in dispute with respect to such Controversy will be final, non-appealable, and binding, and judgment on the award may be entered in any court having jurisdiction thereof. The parties agree that this clause has been included to rapidly and inexpensively resolve any Controversy, and that this clause shall be grounds for dismissal of any court action commenced by any party arising out of or relating to these Terms or the breach, termination, or validity hereof; provided that nothing in this subsection nor these Terms shall limit any party’s right to bring (i) post-arbitration actions seeking to enforce an arbitration award, (ii) actions seeking injunctive or other similar relief in the event of the breach or threatened breach of any of the provisions of this Agreement, or (iii) a claim for indemnification by us against you in the jurisdiction and venue from which such indemnification claim arises. The language used in the arbitration proceedings will be English.
3. Jury Waiver. YOU HEREBY AGREE THAT AS PART OF THE CONSIDERATION HEREOF, YOU ARE HEREBY WAIVING ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY FOR ANY CONTROVERSY. THIS PROVISION SHALL BE ENFORCEABLE EVEN IN THE CASE THAT THE ARBITRATION PROVISIONS OR ANY OTHER PROVISIONS OF THESE TERMS ARE WAIVED.
4. Attorneys’ Fees. In any Controversy, the prevailing party shall be entitled to recover from the other party, in addition to any other relief awarded, the actual costs, expenses and attorneys’ fees (including all related costs and expenses), incurred by the prevailing party in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.
5. Class Waiver. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

11. General Terms.

1. Merger. These Terms and any documents as may be referenced or incorporated herein, as they may be amended or restated in accordance with the above provisions, constitute the entire agreement between you and us and supersede all prior agreements between you and us.
2. No Waiver. Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
3. Severance. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
4. Third-Parties. Except as explicitly set forth herein, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
5. Assignment. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
6. Notices. You agree that we may provide you with notices by e-mail (to the email address associated with your Account) or via posting to the Service, in addition to any other method that may be reasonably calculated to give you notice.
7. Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the term “including” is illustrative and not limitative. If these Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.
8. Interactive Computer Service. You acknowledge and understand that we are a provider of an interactive computer service. We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. You may access such parental control protections by searching the internet for “internet filter” or “parental control.” However, note that we do not take responsibility for any parental control protection you may find or use and that you are solely responsible for your use of the same.