Welcome to Third Reality, Inc!
Thanks for checking us out and (hopefully!) using our products and services. The Services (as defined below) are provided by Third Reality, Inc ("ThirdReality", "we", "us" or "our").
By using our Services, you are agreeing to these terms. We're required to tell you that if you don't agree to the terms below, you can't use or access the Services in any manner. Effective date: January 1, 2018 - 2020
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, mobile applications, IoT plug-ins and other software (collectively, the "Services"). If you have any questions, comments, or concerns regarding these terms or our Services, please contact us at firstname.lastname@example.org.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Services and/or by sending you an email.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
What are the basics of using Third Reality, Inc?
In order to use the Services, you may be required to sign up for an account, provide a verifiable email address, provide your name, and select a password or PIN number and user name (which may be your email address) ("Third Reality, Inc User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Third Reality, Inc User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms. You will only use the Services for your personal, non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by
applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.
As part of using the Services, you may create connections between various physical devices (which may be provided by Third Reality, Inc or by others), third party services, and the Services. You acknowledge and agree that you will not connect any physical devices or third party services to the Services (or otherwise use the Services) in a manner that could be dangerous to you or to others, or which could cause damage to or loss of any property (whether real, personal, tangible or intangible). For example, you should never connect heavy machinery, power tools, medical equipment, or other similar devices to the Services.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any User Submission (as defined below) or otherwise use the Services or interact with the Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including Third Reality, Inc);
Violates any law or regulation;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your Third Reality, Inc account or anyone else's (such as allowing someone else to log on as you on the Services);
Attempts, in any manner, to obtain the password, PIN number, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords, PIN numbers or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
"Crawls," "scrapes," or "spiders" any page or portion of the Services (through use of manual or automated means);
Copies or stores any significant portion of the Content (as defined below);
Does Third Reality, Inc cost anything?
Third Reality, Inc reserves the right to require payment of fees for certain features of the Services. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Services in connection with such features. Subject to any subscription agreement or other restrictions, Third Reality, Inc reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
Will Third Reality, Inc ever change the Services?
We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. In some cases, the changes we make to the Services may cause older hardware devices, third party services, software
configurations or setups to no longer work with the Services, and you may be required to upgrade or change these devices, services, configurations or setups in order to continue using the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content (including any Third RealityApps or device or external service connections provided by Third Reality, Inc or by third parties) from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What are the restrictions to Content in the Services?
The materials displayed or performed on the Services, including, but not limited to, applications, software and/or services that are designed to operate with the Services ("RealityApps"), text, graphics, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent
of the owner of that Content or (ii) in a way that violates someone else's (including Third Reality, Inc 's) rights. You understand that Third Reality, Inc owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply.
What about information and data that I provide to the Service or that the Service collects?
You may post, upload, share, store, or otherwise provide Content, information, or data to or through the Services in various ways. Any Content, information, materials or data that you provide to us in any way through the Services is referred to as your "User Submission." In addition, when you connect various hardware devices (such as sensors), third party services, or applications (such as RealityApps) with the Services, those hardware devices and applications will in most cases provide information or data to the Services, often in an automated fashion, and we refer to this information and data as "Device Data". You own your User Submissions and Device Data, and Third Reality, Inc does not claim any ownership over your User Submissions or Device Data. You grant us certain rights in your User Submissions and Device, as further detailed below. Please note that the following license is
Unless explicitly acknowledged or committed to as part of a feature of the Services, Third Reality, Inc has no obligation to maintain or persist your User Submissions or Device Data for any specified period of time, to guarantee access to User Submissions or Device Data, and has no liability for User Submissions or Device Data submitted to the Services that are or become
unavailable through the Services. You hereby grant Third Reality, Inc a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback that you provide to Third Reality, Inc relating to the operation of the Services.
Third Reality, Inc does not endorse and has no control over any User Submission. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Please note that if you have registered with us as a Third Reality, Inc developer pursuant to our Platform Developer Agreement, the Platform Development Agreement will govern our use of any code that you submit to us under that agreement.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like Third Reality, Inc, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat infringers. To learn more about the DMCA, click here
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Your interactions with third party organizations and/or individuals found on or through the Services, including payment and delivery of goods or services under any transaction you enter into with a third party, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Third Reality, Inc shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants in relation to the Services, or between users and any third party, you agree that Third Reality, Inc is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Third Reality, Inc, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
What if I want to stop using the Services?
Account termination may result in destruction of any User Submissions and/or Device Data associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions or Device Data you may have stored in your account (to the extent allowed by law, these Terms, and the functionality of the Services), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of Third Reality, Inc.
If you have deleted your account by mistake, contact us immediately at – we will try to help, but unfortunately, we can't promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use the Third Reality App available via the Apple App Store and Google Play Store– should I know anything about that?
These Terms apply to your use of all the Services, including Third Reality Apps and iOT plugin (“Application”) available from participating app stores (“Platform”) , but the following additional Terms also apply to the Applications:
1. Both you and Third Reality, Inc acknowledge that the Terms are concluded between you and Third Reality, Inc only, and not with your Platform, and your Platform is not responsible for the Application or the Content;
2. The Application is licensed to you on a limited, non- exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
3. You will only use the Application in connection with a device that you own or control;
4. You acknowledge and agree that your Platform has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify your Platform of such failure; upon notification, your Platform’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
6. You acknowledge and agree that Third Reality, Inc, and not the Platform, is responsible for addressing any claims you or any third party may have in relation to the Application;
7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Third Reality, Inc, and not your Platform, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
9. Both you and Third Reality, Inc acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
10. Both you and Third Reality, Inc acknowledge and agree that the Platform and Platforms subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, the Platform will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
What else do I need to know?
Warranty Disclaimer. Third Reality, Inc does not make any representations or warranties concerning any products (except as expressly set forth below), software, services, information or content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered through the Services are provided "AS IS" and without any warranty of any kind from Third Reality, Inc or others, unless a separate written warranty is provided expressly and unambiguously for a specific product or service (and if such a warranty is provided, it will apply only to such specific product or service, and not to the Services generally).
THE SERVICES (AND ALL PRODUCTS, SOFTWARE, SERVICES, INFORMATION AND CONTENT) ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THIRD REALITY BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR FAILURE OR MALFUNCTION OF ANY DEVICE CONNECTED TO THE SERVICES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO THIRD REALITY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Risk of Loss; Insurance. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, USING THE SERVICES TO SECURE OR OTHERWISE CONTROL ACCESS TO ANY REAL OR PERSONAL PROPERTY) IS SOLELY AT YOUR OWN RISK, AND THAT YOU ACCEPT RESPONSIBILITY FOR ALL LOSSES, DAMAGES AND EXPENSES ARISING OUT OF SUCH USE. THIRD REALITY IS NOT AN INSURER. YOU ARE RESPONSIBLE FOR MAINTAINING INSURANCE COVERING ALL LOSS, DAMAGE OR EXPENSE, WHETHER FOR PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR FROM (I) THESE TERMS, OR (II) THE SERVICES.
Indemnity. You agree to indemnify and hold Third Reality, Inc, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Third Reality, Inc 's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof, unless prohibited by law. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Miscellaneous. You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Third Reality, Inc agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Third Reality, Inc, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Third Reality, Inc in any respect whatsoever. Except as expressly set forth in the section above regarding the Application, you and Third Reality, Inc agree there are no third party beneficiaries intended under this Agreement. In the event that you have accessed the Services via Your account with Third Reality, Inc, these Terms are further subject to the terms and conditions of the then-current Third Reality Service Terms and Conditions, which you can access here. In the event of any express conflict between the terms and conditions of these Terms and the then-current Third Reality Service Terms and Conditions, the then-current Third Reality Service Terms and Conditions shall govern solely with respect to that conflict.