Terms of Use

Changes to this Agreement

We reserve the right to, at any time:

• change the terms and conditions of this Agreement;
• change the Services, including eliminating or discontinuing any downloadable application, content or other feature of the Services; or
• deny or terminate your use of and/or access to the Services.

Any changes we make will be effective immediately upon our making such changes available on the Services (such as on the YBVR website or through the downloadable applications) or otherwise providing notice thereof and will apply to use of the Services thereafter.

You agree that your continued use of the Services after such changes constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Use of the Services and Applications

You may visit and browse our website and use a subset of the services without registering or creating an account. However, before using certain of the Services, you may need to register with YBVR and create an account.

We reserve the right to decline to provide the Services to any person for any or no reason. If and when you register with or provide information to YBVR, you agree to:

• provide accurate, current, and complete information as prompted, including your email address;
• maintain and update your information, including your email address, to keep it accurate, current, and complete.

You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Services.

By providing YBVR with your email address or other contact information, you consent to our use of this information to send you Services-related notices and other administrative notices, including any notices required by law.

Please note that we may require users to pay certain fees to use the Services or view certain Content. You are required to provide an acceptable payment method to pay such fees as a condition to use of such Services or viewing such Content.

You are solely responsible for the activity that occurs on your account, including but not limited to paying any and all applicable fees. You must keep your account credentials, including username and password, secure at all times.

You may not share your account with any third parties without YBVR’s prior written consent unless such third party has separately entered an agreement with YBVR permitting it to access your account.

You must notify YBVR immediately of any breach or suspected breach of security or unauthorized use of your account. YBVR will not be liable for any losses caused by any unauthorized use of your account.

In addition, we may offer downloadable mobile or other software applications (“App(s)”) for use in connection with the Services. The Apps are the property of YBVR, and are subject to and protected by United States and international copyright and other intellectual property laws and rights.

You will not obtain any ownership interest in the Apps or the Services through this Agreement or otherwise. All rights to the Apps not expressly granted in this Agreement are reserved to YBVR.

Provided you are in compliance with this Agreement, we grant to you a non-exclusive, non-transferable personal license to download the Apps onto a single device and to access and use the Apps solely for your personal use in using the Services in accordance with this Agreement.

If you download the App from a third-party mobile app store (“App Store”), you agree to abide by the terms and conditions of the App Store and agree that the App Store shall have no liability for the App or your use of the Services.

You are solely responsible for arranging and paying for all access, including Internet and cellular access, necessary to use the Services.

You may be charged message and data charges by your service provider for downloading and/or accessing an App on your mobile phone, tablet or other handheld device or personal computer (the “Device”). All charges are solely your responsibility.

In addition, the App will only work on compatible devices and operating systems and certain functionality will only work if your Device is connected to the Internet. Some features may also only be available with certain operating systems.

The Services may allow you to view certain video and other content (“Content”) provided by YBVR and its licensors. Such Content is subject to and protected by United States and international copyright and other intellectual property laws and rights.

You will not obtain any ownership interest in the Content through this Agreement or otherwise. All rights to the Content not expressly granted in this Agreement are reserved to their respective copyright owners.

Provided you are in compliance with this Agreement, including payment of any applicable fees, you are given a non-exclusive, non-transferable right to view the Content on your Device for your personal purpose.

YOU MAY NOT PUBLICLY DISPLAY, REPRODUCE, RETRANSMIT OR BROADCAST THE CONTENT IN WHOLE OR IN PART.

You represent and warrant that you have the full right, power, authority, and legal capacity to enter into and perform this Agreement without the consent or approval of any third party.

Privacy

We may collect certain personal information from or about you in connection with your use of the Services.

Our collection and use of your personal information shall be subject to the terms of our Privacy Policy, which you agree and accept as a condition to using the Services.

Third Party Links

The Services may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, such websites.

Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and we disclaim all liability for such use.

The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement.

YBVR Communications

You agree that we may send you communications (via email or through the Services, including in-App messaging) regarding your use of the Services, and certain features or applications of the Services you may be interested in.

To the extent you have opted to receive communications, newsletters, or offers from us regarding third-party products and services, you hereby authorize YBVR to deliver such communications to you via email or through the Services, including in-App messaging.

Rules Governing Your Use of the Services

You may not use the Services, or assist or encourage any other party, to engage in any of the following prohibited activities:

• copying, framing, or mirroring any part of the Services;
• copying, reproducing, transmitting, publicly performing or displaying or otherwise using any of the Content, in whole or in part, for any commercial or unauthorized purpose;
• accessing the Services for purposes of monitoring its availability, performance, or functionality;
• permitting any third party to access the Services or the Content;
• using, copying, modifying, creating a derivative work of, reverse engineering, decompiling, or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to YBVR;
• publishing, transmitting, distributing, or storing content, material, information, or data that is illegal, obscene, defamatory, libelous, threatening, harassing, abusive, hateful, harmful, fraudulent, deceptive, misleading, infringes rights, or interferes with the Services or third-party systems;
• attempting to disrupt, degrade, impair, or violate the integrity or security of the Services or the computers, services, accounts, or networks of any other party;
• avoiding payment of charges or fees payable by you with respect to the Services;
• copying, distributing, or disclosing any part of the Services in any medium, including by automated or non-automated scraping;
• using automated systems to access the Services in a manner that sends more request messages than a human can reasonably produce in the same period of time;
• taking any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• collecting or harvesting personally identifiable information, including account names, from the Services;
• using the Services for commercial solicitation purposes;
• impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity;
• accessing content through technology or means other than those provided or authorized by the Services;
• causing or launching programs or scripts for scraping, indexing, surveying, or otherwise data mining any portion of the Services;
• submitting personally identifiable information except as necessary for the establishment and operation of your account;
• submitting information that may be protected under HIPAA or other applicable law;
• bypassing measures used to prevent or restrict access to the Services;
• violating applicable law, statute, ordinance, or regulation, or encouraging conduct that could constitute a criminal offense or give rise to civil liability;
• transmitting trade secrets or other material, non-public information without authorization;
• removing copyright, trademark, or other proprietary rights notices;
• sublicensing, selling, renting, leasing, transferring, assigning, or conveying rights under this Agreement to a third party except as expressly permitted;
• executing network monitoring or using packet sniffers or similar technologies to intercept data not intended for you; or
• harvesting or collecting information about visitors or members without their express consent.

Improper use of the Services may result in termination of your access to and use of the Services, and/or civil or criminal liabilities. You agree to use the Services in accordance with all applicable laws.

Intellectual Property

Your Rights

Subject to the terms and conditions of this Agreement, you are granted a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your own internal personal use.

YBVR reserves all rights not expressly granted herein in the Services. Except as expressly set forth herein, no rights or licenses are granted to you under this Agreement, whether by implication, estoppel, or otherwise.

Feedback and Improvements

You may choose to, or we may invite you to submit comments, suggestions, feedback, or ideas about the Services, including how to improve the Services or our products (“Feedback”).

By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction. We are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.

YBVR will be free to use, disclose, reproduce, license, distribute, modify, perform, display, and exploit the Feedback you provide, without restriction.

Proprietary Rights

The Services are owned and operated by YBVR, and the Services and Content provided through the Services, including associated intellectual property rights, is and will remain the property of YBVR and its licensors and suppliers.

The trademarks, logos, and service marks displayed on the Services are the registered and unregistered trademarks of YBVR, YBVR’s licensors and suppliers, and/or others.

No Use by Children Under 13

You hereby affirm that you are over the age of thirteen (13), as the Services are not intended for children under 13. If you are under 13 years of age, then you may not use the Services.

You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Term & Termination

This Agreement is effective from the date on which you first access the Services or submit any information to YBVR, whichever is earlier, and shall remain effective until terminated in accordance with its terms.

YBVR may immediately terminate this Agreement, and/or your access to and use of the Services, Content or any App, or any portion thereof, at any time and for any reason, with or without cause, without prior notice.

YBVR may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement.

Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall cease all use of the Services.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you.

Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICES, OR YOUR USE OF THE SERVICES OR CONTENT, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, OR SECURE.

YBVR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO CONTENT, PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES ON THE SERVICES.

Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER YBVR NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES.

YOUR SOLE REMEDY WITH RESPECT TO THE SERVICES, CONTENT, APP OR ANY LINKED WEBSITE IS TO STOP USING THE SERVICES, CONTENT, APP OR LINKED WEBSITE, AS APPLICABLE.

Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.

Indemnification

You, and also any third party for whom you operate an account on the Services, agree to fully indemnify, defend at YBVR’s request, and hold YBVR, our licensors, suppliers, agents, successors, and assigns, and our and their directors, officers, employees, consultants, and other representatives harmless from and against claims, damages, losses, costs, including reasonable attorneys’ fees, and other expenses arising directly or indirectly out of or from your use of the Services or breach of this Agreement.

Jurisdictional Issues

YBVR makes no representation that the Services operate, or are legally permitted to operate, in all geographic areas, or that the Services are appropriate or available for use in other locations.

Accessing the Services from territories where the Services or any content or functionality is illegal is expressly prohibited.

The Services are operated from the United States. If you are located outside of the United States and choose to use the Services or provide your information to us, your information will be transferred, processed, and stored in the United States.

Certain Content may not be available to users in certain jurisdictions. We monitor the jurisdiction or geographical location from which you access the Content to comply with restrictions regarding distribution of Content.

Notice for California Users

Under California Civil Code Section 1789.3, California Services users are entitled to a specific consumer rights notice.

This website and the Services are provided by Yerba Buena VR, Inc., 4444 Yerba Buena Ave, San Jose, CA 95121.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Dispute Resolution

Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

Except for disputes relating to YBVR’s or its licensor’s intellectual property, or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action.

Exception — Small Claims

Either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with YBVR and this Agreement must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

Choice of Law and Forum

This Agreement and your relationship with the YBVR Parties shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles.

Subject to Section 15, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Santa Clara, California.

You consent to the exclusive jurisdiction of the federal or state courts located in Santa Clara, California.

U.S. Government Restricted Rights

The Services shall be deemed “commercial computer software” pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable.

Any use, modification, reproduction release, performance, display or disclosure of the Services by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

Miscellaneous

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 this Agreement will otherwise remain in full force and effect and enforceable.

This Agreement is not assignable, transferable or sublicensable except with the other party’s prior written consent; provided, however, that either party may assign this agreement in connection with a merger, acquisition or sale of all or substantially all of the party’s assets to which this Agreement relates.

Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither you nor Yerba Buena has any authority of any kind to bind the other party in any respect whatsoever.

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

Yerba Buena will not be liable for any loss resulting from a cause over which it does not have direct control.