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Terms of Service

PLEASE READ THIS TERMS OF USE ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU ("USER", “YOU” OR “YOUR”) AND Fairmount Studios. ("FAIRMOUNT STUDIO," “FAIRMOUNT STUDIOS,” “PAIRE VR,” “PAIRE,” "COMPANY," "WE" OR "US") FOR THE USE OF THE SERVICES. By completing the account registration process and/or any other website with an authorized link to this Agreement ("Website"), downloading or accessing our Paire virtual reality application ("Application"), or accessing or using any content, information, services, features, music, images, video, text or any other resources or materials related to Paire or made available via the Website or Application (collectively, the "Services"), you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services; and (4) acknowledge that you have read and understood this Agreement, and agree to be bound by its terms and conditions. Except as otherwise provided herein, if you do not agree to be bound by (or cannot comply with) this Agreement, you may not access, copy, install or use the Services.

Fairmount Studios reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

USE OF THE SERVICES AND FAIRMOUNT STUDIOS INC PROPERTIES.

The Application, the Website, the Services and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) are protected by copyright and intellectual property laws throughout the world and is owned by the Company or third parties. You agree not to make any use of the Fairmount Studio properties that would infringe any intellectual property rights. Subject to the Agreement, Fairmount Studio grants you a limited license to reproduce obtain, listen to, view or read (as the case may be) portions of Fairmount Studio Properties that may be obtained by you in digital form for the sole purpose of using the Services for your personal and non-commercial entertainment. Unless otherwise specified by Fairmount Studios in a separate license, your right to use any and all Fairmount Studio Properties is subject to the Agreement and applicable copyright and intellectual property law. You represent, warrant and agree that you are using the Fairmount Studio Properties for your own personal, non-commercial entertainment and educational use and not for redistribution or transfer of any kind.

  1. Application License. Subject to your compliance with the Agreement, Fairmount Studio grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a compatible virtual reality device that you own or control and to run such copy of the Application solely for your own personal, non-commercial entertainment purposes. ‍

  2. Updates. You understand that Fairmount Studios Properties are evolving. As a result, Fairmount Studio may require you to accept updates to Fairmount Studio Properties that you have installed on your computer or virtual reality device. You acknowledge and agree that Fairmount Studio may update Fairmount Studio Properties with or without notifying you. You may need to update third-party software from time to time in order to use Fairmount Studio Properties.‍

  3. Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, broadcast, publicly perform or display, host or otherwise commercially exploit Fairmount Studio Properties or any portion of Fairmount Studio Properties, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Fairmount Studio Properties (including images, text, page layout or form) of Fairmount Studio ; (c) you shall not use any metatags or other "hidden text" using Fairmount Studio’s or Paire VR’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Fairmount Studio Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Fairmount Studio Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Fairmount Studio Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Fairmount Studio Properties or otherwise attempt to modify any Fairmount Studio Properties for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the applicable Fairmount Studio Property. Any future release, update or other addition to Fairmount Studio Properties shall be subject to the Agreement. Fairmount Studio, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Fairmount Studio Property terminates the licenses granted by Fairmount Studio pursuant to the Agreement.‍

  4. Third-Party Materials. As a part of Fairmount Studio Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Fairmount Studio to monitor such materials and that you access these materials at your own risk.‍

REGISTRATION

  1. Registering Your Account. In order to access certain features of Fairmount Studio Properties you may be required to become a Registered User. For purposes of the Agreement, a "Registered User" is a User downloads and logs into Paire VR by Fairmount Studios.‍

  2. Registration Data. The Fairmount Studio Products are intended solely for users who are 13 (or 14, if you reside in South Korea) or older. Any registration for, or use of, the Fairmount Studio Products by anyone under the age of 13 (or 14, if you reside in South Korea) is unauthorized, unlicensed and in violation of these Terms. You represent and warrant that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List ("SDN List"), (b) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, (d) will not use the Fairmount Studio Products if any applicable laws in your country prohibit you from doing so in accordance with these Terms and (e) have not previously had your right to use the Fairmount Studio Products suspended or terminated.‍‍

  3. Necessary Equipment. You must provide all equipment necessary to connect to Fairmount Studio Properties, including but not limited to, a mobile device and/or a headset that is suitable to connect with and use Fairmount Studio Properties. You are solely responsible for: (i) any fees, including Internet connection or mobile fees, that you incur when accessing Fairmount Studio Properties; and (ii) reading and following any and all instructions provided by Oculus, available at https://www.oculus.com/legal/health-and-safety-warnings, or provider of other virtual reality headset, prior to connecting to Fairmount Studio Properties and using the Services. The headset is not a toy and should not be used by children under the age of 13. Adults should make sure children (age 13 and older) use the headset in accordance with the above instructions provided by Oculus, and should monitor children (age 13 and older) who are using or have used the headset to participate in the Services. Fairmount Studio has no responsibility or liability to you related to the functionality of any virtual reality headset provided by a third party (e.g., Fairmount Studio is not responsible for any malfunction of or physical damage to such a device as the result of perspiration or any moisture that might affect how the device works, or for any other reason).

 

DATA COLLECTION

We may collect different types of information from you depending on how you use our Services, including Personal Information. "Personal Information" means information that relates to an identified or identifiable natural person. The categories of Personal Information we may collect are listed below. Certain types of Personal Information may fall under more than one category.

  • Identifiers: We may collect your username and/or Oculus account id.

  • Characteristics of protected classifications under California or federal law: We may collect your date of birth or age.

  • Voice data: Typically we do not store this information, although we reserve the right to process your voice data locally in certain public room instances for moderation purposes. For moderation purposes, some of this voice data may be recorded and sent to a third party service for additional processing. Any such recordings are anonymized and retained for 30 days. Voice data in private instances is never processed, stored or sent to third parties.

  • Physical Characteristics: We reserve the right to request calibration that relies on physical characteristics to provide confidence in user-disclosed age ranges. This is for moderation purposes only. Any such recordings are anonymized and retained for 30 days.

RESPONSIBILITY FOR CONTENT.‍

  1. ‍Types of Content. You acknowledge that all Content, including Fairmount Studio Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Fairmount Studio, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through Fairmount Studio Properties ("Your Content"), and that you and other Users of Fairmount Studio Properties, and not Fairmount Studio, are similarly responsible for all Content that you and they Make Available through Fairmount Studio Properties ("User Content").‍

  2. No Obligation to Pre-Screen Content. You acknowledge that Fairmount Studio has no obligation to pre-screen Content (including, but not limited to, User Content), although Fairmount Studio reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Fairmount Studio pre-screens, refuses or removes any Content, you acknowledge that Fairmount Studios will do so for Fairmount Studio’s benefit, not yours. Without limiting the foregoing, Fairmount Studios shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.‍

  3. Storage. Unless expressly agreed to by Fairmount Studio in writing elsewhere, Fairmount Studio has no obligation to store any of your Content that you Make Available on any Fairmount Studio Properties. Fairmount Studio has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Fairmount Studio Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Fairmount Studio retains the right to create reasonable limits on the use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Fairmount Studio in its sole discretion.‍

 

OWNERSHIP

  1. ‍Fairmount Studio Properties. Except with respect to Your Content and User Content, you agree that Fairmount Studio and its suppliers own all rights, title and interest in Fairmount Studio Properties. Any Fairmount Studios graphics, logos, service marks and trade names used on or in connection with any Fairmount Studio Properties or in connection with the Services are the trademarks of Fairmount Studios and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Fairmount Studios Properties are the property of their respective owners. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Fairmount Studios Properties.‍

  2. Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in Fairmount Studios Properties.

  3. Fairmount Studios does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in Fairmount Studios Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.‍

  4. License to Your Content. You hereby grant Fairmount Studios a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Fairmount Studios Properties to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Fairmount Studios, are responsible for all of Your Content that you Make Available on or in Fairmount Studios Properties.‍

  5. Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Fairmount Studios in its sole discretion. You may not post or submit for print services a photograph of another person found through User Content without that person’s permission.‍

USER CONDUCT

GENERAL

‍In connection with your use of Fairmount Studios Properties, you shall not (and shall not enable or permit any third party to):

  1. Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, offensive, unethical, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;

  2. Harm minors in any way;

  3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  4. Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

  5. Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;

  6. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;

  7. Stalk or otherwise harass any other user of our Fairmount Studios Properties; or

  8. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

 

INTERACTIONS WITH OTHER USERS

  1. User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Fairmount Studios reserves the right, but has no obligation, to intercede in such disputes. You agree that Fairmount Studios will not be responsible for any liability incurred as the result of such interactions.‍

  2. Content Provided by Other Users. Fairmount Studios Properties may contain User Content provided by other Users. Fairmount Studios is not responsible for and does not control User Content. Fairmount Studios has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, if you believe that your work has been copied and posted on Fairmount Studios Properties in a way that constitutes copyright infringement, please follow instructions in Section 13 (Procedure for Making Claims of Copyright Infringement) below.

 

THIRD-PARTY SERVICES

  1. Third-Party Websites and Applications. Fairmount Studios Properties may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left Fairmount Studios Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Fairmount Studios. Fairmount Studios is not responsible for any Third-Party Websites or Third-Party Applications. Fairmount Studios provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Website or Application, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.‍

  2. App Stores. You acknowledge and agree that the availability of the Application and the Services may be dependent on the third party from whom you received the Application license, e.g., the Oculus Store or any other virtual reality app stores (each, an "App Store"). You acknowledge that the Agreement is between you and Fairmount Studios and not with the App Store. You must pay all fees (if any) charged by the App Store in connection with Fairmount Studios Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Fairmount Studios Property, including the Application.

PLAY SPACE ENVIRONMENT DISCLAIMER

‍ALWAYS BE AWARE OF YOUR SURROUNDINGS BEFORE BEGINNING USE AND WHILE USING YOUR HEADSET. IN USING PAIRE VR BY FAIRMOUNT STUDIOS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING A SAFE ENVIRONMENT FOR USE AT ALL TIMES. BECAUSE SERIOUS INJURIES MAY OCCUR FROM TRIPPING OR RUNNING INTO OR STRIKING WALLS, FURNITURE, OTHER OBJECTS OR PEOPLE, CLEAR AN AREA FOR SAFE USE BEFORE USING YOUR HEADSET. PLEASE TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR ITEMS THAT YOU MAY HIT OR STRIKE, OR AREAS WHICH MAY CAUSE YOU TO LOSE YOUR BALANCE WHEN USING, OR IMMEDIATELY AFTER USING, YOUR HEADSET, LIKE OTHER PEOPLE, OBJECTS, STAIRS OR STEPS, RAMPS, SIDEWALKS, BALCONIES, OPEN DOORWAYS, WINDOWS, FURNITURE, OPEN FLAMES, CEILING FANS OR LIGHT FIXTURES, TELEVISIONS OR MONITORS OR OTHER THINGS. TAKE APPROPRIATE STEPS TO PREVENT PEOPLE OR PETS WHO DO NOT UNDERSTAND YOUR PERCEPTIONS ARE LIMITED FROM ENTERING YOUR PLAY SPACE.

 

NO LIABILITY FOR CONDUCT OF THIRD PARTIES.

YOU ACKNOWLEDGE AND AGREE THAT FAIRMOUNT STUDIOS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FAIRMOUNT STUDIOS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

NO LIABILITY FOR CONDUCT OF OTHER USERS

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF FAIRMOUNT STUDIOS PROPERTIES. YOU UNDERSTAND THAT FAIRMOUNT STUDIOS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF FAIRMOUNT STUDIOS PROPERTIES.‍

 

USER CONTENT

FAIRMOUNT STUDIOS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.‍

 

INTERNATIONAL USERS

Fairmount Studios Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Fairmount Studios intends to announce such Services or Content in your country. Fairmount Studios Properties are controlled and offered by Fairmount Studios from its facilities in the United States of America. Fairmount Studios makes no representations that Fairmount Studios Properties are appropriate or available for use in other locations. Those who access or use Fairmount Studios Properties from other countries do so at their own volition and are responsible for compliance with local law.

GENERAL PROVISIONS

  1. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Fairmount Studios agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Orange County, California.‍

  2. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. ‍

  3. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.‍

  4. Export Control. You may not use, export, import, or transfer Fairmount Studios Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Fairmount Studios Properties, and any other applicable laws. In particular, but without limitation, Fairmount Studios Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Fairmount Studios Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Fairmount Studios Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Fairmount Studios are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Fairmount Studios products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.‍

  5. Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Paire does not collect nor store any user data. On launch, Paire uses your Oculus ID, Oculus Display Name, and your customized Meta Avatar to represent you in the app to other users. This data is only stored locally and deleted as soon as you leave the app.

Terms of Service

PLEASE READ THIS TERMS OF USE ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU ("USER", “YOU” OR “YOUR”) AND Fairmount Studios. ("FAIRMOUNT STUDIO," “FAIRMOUNT STUDIOS,” “PAIRE VR,” “PAIRE,” "COMPANY," "WE" OR "US") FOR THE USE OF THE SERVICES. By completing the account registration process and/or any other website with an authorized link to this Agreement ("Website"), downloading or accessing our Paire virtual reality application ("Application"), or accessing or using any content, information, services, features, music, images, video, text or any other resources or materials related to Paire or made available via the Website or Application (collectively, the "Services"), you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services; and (4) acknowledge that you have read and understood this Agreement, and agree to be bound by its terms and conditions. Except as otherwise provided herein, if you do not agree to be bound by (or cannot comply with) this Agreement, you may not access, copy, install or use the Services.

Fairmount Studios reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

USE OF THE SERVICES AND FAIRMOUNT STUDIOS INC PROPERTIES.

The Application, the Website, the Services and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) are protected by copyright and intellectual property laws throughout the world and is owned by the Company or third parties. You agree not to make any use of the Fairmount Studio properties that would infringe any intellectual property rights. Subject to the Agreement, Fairmount Studio grants you a limited license to reproduce obtain, listen to, view or read (as the case may be) portions of Fairmount Studio Properties that may be obtained by you in digital form for the sole purpose of using the Services for your personal and non-commercial entertainment. Unless otherwise specified by Fairmount Studios in a separate license, your right to use any and all Fairmount Studio Properties is subject to the Agreement and applicable copyright and intellectual property law. You represent, warrant and agree that you are using the Fairmount Studio Properties for your own personal, non-commercial entertainment and educational use and not for redistribution or transfer of any kind.

  1. Application License. Subject to your compliance with the Agreement, Fairmount Studio grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a compatible virtual reality device that you own or control and to run such copy of the Application solely for your own personal, non-commercial entertainment purposes. ‍

  2. Updates. You understand that Fairmount Studios Properties are evolving. As a result, Fairmount Studio may require you to accept updates to Fairmount Studio Properties that you have installed on your computer or virtual reality device. You acknowledge and agree that Fairmount Studio may update Fairmount Studio Properties with or without notifying you. You may need to update third-party software from time to time in order to use Fairmount Studio Properties.‍

  3. Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, broadcast, publicly perform or display, host or otherwise commercially exploit Fairmount Studio Properties or any portion of Fairmount Studio Properties, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Fairmount Studio Properties (including images, text, page layout or form) of Fairmount Studio ; (c) you shall not use any metatags or other "hidden text" using Fairmount Studio’s or Paire VR’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Fairmount Studio Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Fairmount Studio Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Fairmount Studio Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Fairmount Studio Properties or otherwise attempt to modify any Fairmount Studio Properties for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the applicable Fairmount Studio Property. Any future release, update or other addition to Fairmount Studio Properties shall be subject to the Agreement. Fairmount Studio, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Fairmount Studio Property terminates the licenses granted by Fairmount Studio pursuant to the Agreement.‍

  4. Third-Party Materials. As a part of Fairmount Studio Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Fairmount Studio to monitor such materials and that you access these materials at your own risk.‍

REGISTRATION

  1. Registering Your Account. In order to access certain features of Fairmount Studio Properties you may be required to become a Registered User. For purposes of the Agreement, a "Registered User" is a User downloads and logs into Paire VR by Fairmount Studios.‍

  2. Registration Data. The Fairmount Studio Products are intended solely for users who are 13 (or 14, if you reside in South Korea) or older. Any registration for, or use of, the Fairmount Studio Products by anyone under the age of 13 (or 14, if you reside in South Korea) is unauthorized, unlicensed and in violation of these Terms. You represent and warrant that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List ("SDN List"), (b) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, (d) will not use the Fairmount Studio Products if any applicable laws in your country prohibit you from doing so in accordance with these Terms and (e) have not previously had your right to use the Fairmount Studio Products suspended or terminated.‍‍

  3. Necessary Equipment. You must provide all equipment necessary to connect to Fairmount Studio Properties, including but not limited to, a mobile device and/or a headset that is suitable to connect with and use Fairmount Studio Properties. You are solely responsible for: (i) any fees, including Internet connection or mobile fees, that you incur when accessing Fairmount Studio Properties; and (ii) reading and following any and all instructions provided by Oculus, available at https://www.oculus.com/legal/health-and-safety-warnings, or provider of other virtual reality headset, prior to connecting to Fairmount Studio Properties and using the Services. The headset is not a toy and should not be used by children under the age of 13. Adults should make sure children (age 13 and older) use the headset in accordance with the above instructions provided by Oculus, and should monitor children (age 13 and older) who are using or have used the headset to participate in the Services. Fairmount Studio has no responsibility or liability to you related to the functionality of any virtual reality headset provided by a third party (e.g., Fairmount Studio is not responsible for any malfunction of or physical damage to such a device as the result of perspiration or any moisture that might affect how the device works, or for any other reason).

 

DATA COLLECTION

We may collect different types of information from you depending on how you use our Services, including Personal Information. "Personal Information" means information that relates to an identified or identifiable natural person. The categories of Personal Information we may collect are listed below. Certain types of Personal Information may fall under more than one category.

  • Identifiers: We may collect your username and/or Oculus account id.

  • Characteristics of protected classifications under California or federal law: We may collect your date of birth or age.

  • Voice data: Typically we do not store this information, although we reserve the right to process your voice data locally in certain public room instances for moderation purposes. For moderation purposes, some of this voice data may be recorded and sent to a third party service for additional processing. Any such recordings are anonymized and retained for 30 days. Voice data in private instances is never processed, stored or sent to third parties.

  • Physical Characteristics: We reserve the right to request calibration that relies on physical characteristics to provide confidence in user-disclosed age ranges. This is for moderation purposes only. Any such recordings are anonymized and retained for 30 days.

RESPONSIBILITY FOR CONTENT.‍

  1. ‍Types of Content. You acknowledge that all Content, including Fairmount Studio Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Fairmount Studio, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through Fairmount Studio Properties ("Your Content"), and that you and other Users of Fairmount Studio Properties, and not Fairmount Studio, are similarly responsible for all Content that you and they Make Available through Fairmount Studio Properties ("User Content").‍

  2. No Obligation to Pre-Screen Content. You acknowledge that Fairmount Studio has no obligation to pre-screen Content (including, but not limited to, User Content), although Fairmount Studio reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Fairmount Studio pre-screens, refuses or removes any Content, you acknowledge that Fairmount Studios will do so for Fairmount Studio’s benefit, not yours. Without limiting the foregoing, Fairmount Studios shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.‍

  3. Storage. Unless expressly agreed to by Fairmount Studio in writing elsewhere, Fairmount Studio has no obligation to store any of your Content that you Make Available on any Fairmount Studio Properties. Fairmount Studio has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Fairmount Studio Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Fairmount Studio retains the right to create reasonable limits on the use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Fairmount Studio in its sole discretion.‍

 

OWNERSHIP

  1. ‍Fairmount Studio Properties. Except with respect to Your Content and User Content, you agree that Fairmount Studio and its suppliers own all rights, title and interest in Fairmount Studio Properties. Any Fairmount Studios graphics, logos, service marks and trade names used on or in connection with any Fairmount Studio Properties or in connection with the Services are the trademarks of Fairmount Studios and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Fairmount Studios Properties are the property of their respective owners. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Fairmount Studios Properties.‍

  2. Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in Fairmount Studios Properties.

  3. Fairmount Studios does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in Fairmount Studios Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.‍

  4. License to Your Content. You hereby grant Fairmount Studios a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Fairmount Studios Properties to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Fairmount Studios, are responsible for all of Your Content that you Make Available on or in Fairmount Studios Properties.‍

  5. Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Fairmount Studios in its sole discretion. You may not post or submit for print services a photograph of another person found through User Content without that person’s permission.‍

USER CONDUCT

GENERAL

‍In connection with your use of Fairmount Studios Properties, you shall not (and shall not enable or permit any third party to):

  1. Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, offensive, unethical, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;

  2. Harm minors in any way;

  3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  4. Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

  5. Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;

  6. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;

  7. Stalk or otherwise harass any other user of our Fairmount Studios Properties; or

  8. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

 

INTERACTIONS WITH OTHER USERS

  1. User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Fairmount Studios reserves the right, but has no obligation, to intercede in such disputes. You agree that Fairmount Studios will not be responsible for any liability incurred as the result of such interactions.‍

  2. Content Provided by Other Users. Fairmount Studios Properties may contain User Content provided by other Users. Fairmount Studios is not responsible for and does not control User Content. Fairmount Studios has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, if you believe that your work has been copied and posted on Fairmount Studios Properties in a way that constitutes copyright infringement, please follow instructions in Section 13 (Procedure for Making Claims of Copyright Infringement) below.

 

THIRD-PARTY SERVICES

  1. Third-Party Websites and Applications. Fairmount Studios Properties may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left Fairmount Studios Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Fairmount Studios. Fairmount Studios is not responsible for any Third-Party Websites or Third-Party Applications. Fairmount Studios provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Website or Application, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.‍

  2. App Stores. You acknowledge and agree that the availability of the Application and the Services may be dependent on the third party from whom you received the Application license, e.g., the Oculus Store or any other virtual reality app stores (each, an "App Store"). You acknowledge that the Agreement is between you and Fairmount Studios and not with the App Store. You must pay all fees (if any) charged by the App Store in connection with Fairmount Studios Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Fairmount Studios Property, including the Application.

PLAY SPACE ENVIRONMENT DISCLAIMER

‍ALWAYS BE AWARE OF YOUR SURROUNDINGS BEFORE BEGINNING USE AND WHILE USING YOUR HEADSET. IN USING PAIRE VR BY FAIRMOUNT STUDIOS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING A SAFE ENVIRONMENT FOR USE AT ALL TIMES. BECAUSE SERIOUS INJURIES MAY OCCUR FROM TRIPPING OR RUNNING INTO OR STRIKING WALLS, FURNITURE, OTHER OBJECTS OR PEOPLE, CLEAR AN AREA FOR SAFE USE BEFORE USING YOUR HEADSET. PLEASE TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR ITEMS THAT YOU MAY HIT OR STRIKE, OR AREAS WHICH MAY CAUSE YOU TO LOSE YOUR BALANCE WHEN USING, OR IMMEDIATELY AFTER USING, YOUR HEADSET, LIKE OTHER PEOPLE, OBJECTS, STAIRS OR STEPS, RAMPS, SIDEWALKS, BALCONIES, OPEN DOORWAYS, WINDOWS, FURNITURE, OPEN FLAMES, CEILING FANS OR LIGHT FIXTURES, TELEVISIONS OR MONITORS OR OTHER THINGS. TAKE APPROPRIATE STEPS TO PREVENT PEOPLE OR PETS WHO DO NOT UNDERSTAND YOUR PERCEPTIONS ARE LIMITED FROM ENTERING YOUR PLAY SPACE.

 

NO LIABILITY FOR CONDUCT OF THIRD PARTIES.

YOU ACKNOWLEDGE AND AGREE THAT FAIRMOUNT STUDIOS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FAIRMOUNT STUDIOS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

NO LIABILITY FOR CONDUCT OF OTHER USERS

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF FAIRMOUNT STUDIOS PROPERTIES. YOU UNDERSTAND THAT FAIRMOUNT STUDIOS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF FAIRMOUNT STUDIOS PROPERTIES.‍

 

USER CONTENT

FAIRMOUNT STUDIOS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.‍

 

INTERNATIONAL USERS

Fairmount Studios Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Fairmount Studios intends to announce such Services or Content in your country. Fairmount Studios Properties are controlled and offered by Fairmount Studios from its facilities in the United States of America. Fairmount Studios makes no representations that Fairmount Studios Properties are appropriate or available for use in other locations. Those who access or use Fairmount Studios Properties from other countries do so at their own volition and are responsible for compliance with local law.

GENERAL PROVISIONS

  1. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Fairmount Studios agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Orange County, California.‍

  2. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. ‍

  3. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.‍

  4. Export Control. You may not use, export, import, or transfer Fairmount Studios Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Fairmount Studios Properties, and any other applicable laws. In particular, but without limitation, Fairmount Studios Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Fairmount Studios Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Fairmount Studios Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Fairmount Studios are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Fairmount Studios products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.‍

  5. Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.