Last update: 22 December 2022

 

1. Purpose

1.1. At VRROOM, we are delighted that you decided to use our services. Your use of the VRROOM Application (the “Platform”) is governed by the present Terms of Service (the “ToU”), which you have entered into with VRROOM – Perpetual Emotion; a French company with registered offices at 12 avenue Jean Jaurès 66270 Le Soler (FRANCE), enrolled in the Trade and Companies Register of Perpignan under the number B 834 566 580 (“VRROOM” or “we” or “us” or “our”), in your quality of User (“You’),

1.2. In addition to these ToU, your use of the Platform is also governed by the VRROOM Privacy Policy, which further explains how we collect, use, and share information about you through the Platform.

1.3. VRROOM may be qualified as a third-party service of other metaverse stakeholders. For example, if you use our Platform on a device provided by another company, our ToU will come in addition to the Terms governing the use of this device.

1.4. In the same way, certain Third-Party Services (as defined below) may also be available on the Platform. Your use of these services may be subject to the terms, conditions and policies governing those Third-Party Services.

 

2. Definitions and Interpretation

In these ToU, upper case terms have the following meaning:

  • “Account”: refers to the space specific to a Registered User on which he or she can fill in information about himself or herself, view and comment on the Content of other Users, and publish his or her own Content. Some features require an Account to be used.
  • “Content”: means all media published on the Platform and/or events created through the Platform;
  • “Guest”: means a User that does not hold a Registered Account. A Guest has access to limited features.
  • “Platform”: means the online solution accessible from the Virtual Reality device of the User;
  • “Registered User”: means a User holding an Account, whether in quality of attending User to an event or as an event creator.
  • “Services” means all the features accessible to the User on the Platform.
  • “Third-Party Services”: means any service of a third-party that is integrated, embedded or somehow accessible through the Platform to access the Services.
  • “User”: means any natural person using the Platform and its Services, whether as a Guest or a Registered User. · “Website”: means the internet website available at https://vrroom.world/.

 

3. The VRROOM service

3.1. VRROOM is a Platform allowing users to create and/or to enjoy concerts and live shows in a simulated reality.

3.2. Every user can join the VRROOM Platform by creating an account, or optionally joining as guest. Guests have limited features, but they can get a glimpse of what are the capabilities of the Platform itself. Rules regarding User accounts are set out in the next section.

3.3. As VRROOM involves several features, there are a number of terms specific to your use of the Platform. These are set out in detail below, but in summary:

3.3.1. When you connect and interact on VRROOM, your interactions become part of the VRROOM ecosystem and is available for other VRROOM users.

3.3.2. VRROOM allows you to create an event of your own or invite other users to take part to yours, collaborate with you and jointly build virtual events and content within this space. All users

invited to jointly create a virtual event are able to create, develop and modify each other’s content in that event, including deleting that content, as well as contributing new content.

3.4. A detailed description of the features offered on the Platform is attached as a Schedule to these ToU.

3.5. The Platform offers in-app purchases. Please note that in-app purchases are subject to specific terms and conditions provided to you if using the feature.

 

4. User Account

4.1. VRROOM service are intended solely for users who are 13 or older. Any registration for, or use of, our services by anyone under the age of 13 is prohibited, unlicensed, and considered as a violation of these ToU. You represent and warrant that you (a) are not subject to any export control restriction, (b) will not use IP proxying or other methods to disguise the place of your residence, (c) will not use our services if any applicable laws in your country prohibit you from doing so in accordance with these ToU and (d) have not previously had your right to use our services suspended or terminated. To access and use certain features, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorised access to your account; and (iii) promptly provide notice at [email protected] if you discover or otherwise suspect any security breaches related to our services.

4.2. To create an account, you must provide the following information:

  • Your name and surname;A valid email address;
  • A username (the ID);
  • An avatar selected or customized on the Platform.

4.3. Once your account is created, you agree that:

  • All information that you give VRROOM when you set up your VRROOM ID is up-to-date and accurate, and you will make sure this information stays up to date at all times;
  • You are solely responsible for any and all use of your VRROOM ID and all activities that occur under or in connection with your VRROOM ID;
  • You will not allow another person to use the Platform with your VRROOM ID;
  • You will not access the Platform under anyone else’s VRROOM ID;
  • Except as expressly permitted by other agreements you may enter into with VRROOM, you will not use your VRROOM ID for any commercial or promotional purpose;
  • You will not use any of the Platform to create, receive, maintain or transmit any sensitive information or data, or special categories of data (as defined under the General Regulation on Data Protection 2016/679 and other applicable law);
  • If VRROOM disables your VRROOM ID, you will not create another VRROOM ID without our consent; and
  • We reserve the right to reject, reclaim or recycle the nickname you choose under your VRROOM ID if we believe it is appropriate consistent with our community standards and these terms (e.g. if a trademark owner complains that your chosen nickname is confusingly similar to its trademark and does not closely relate to your actual name).

Your VRROOM ID is valuable, and you are responsible for your part in maintaining its confidentiality and security. VRROOM is not responsible for any losses arising from the unauthorized use of your VRROOM ID. Please notify us immediately if you find out that your VRROOM ID is being used without your permission.

 

5. Updates for equipment and software

5.1. Certain equipment and software may be required to access and use the Platform. You are solely responsible for using the appropriate equipment to access and use the Platform.

5.2. In addition, we may need to automatically update some of the software you obtain through the products or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Services, you agree to such automatic updating.

5.3. Sometimes things happen. While we reserve the right to modify, suspend or discontinue the Platform, or any part of our Services, at any time, we will make reasonable efforts to give you advance notice of material changes or the discontinuation of any service. VRROOM will not be liable to you or to any third party should it exercise such rights.

5.4. We reserve the right, at our sole discretion and where technically feasible, to disable your access to or ability to use Services that we believe present a health and safety risk or violate our community standards, agreements, laws, regulations or policies. We will not incur any liability or responsibility if we choose to remove, disable or delete such access or ability to use any or all portion(s) of the Services.

 

6. Permissions

6.1. We need certain permissions from you to provide VRROOM. These include a license to use content you upload to or create on VRROOM. Specifically, when you create, share, post or upload content in connection with VRROOM, you grant to us a perpetual, non-revocable, non-exclusive, transferable, sub-licensable, royalty-free, fully paid-up, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, this content as long as it is part of a content owned by us. This means, for example, that if you create or upload content to VRROOM, you give us permission to store, copy and share it with others.

6.2. As part of the license you grant to us, you agree that VRROOM, its affiliates, and other users of VRROOM may interact with, supplement, manipulate, any content you have rights in, upload to, or create in VRROOM.

6.3. Content that you create in, modify in or upload to VRROOM in accordance with these VRROOM ToU may continue to exist on our systems and in VRROOM even after you have deleted your Account. When you delete your Account, others you have invited to contribute to your events, if any, may assume management of them under certain circumstances. You therefore agree that the license you grant us to use your Content under these VRROOM ToU, along with consents given in relation to that Content, will not expire and will continue even after you delete your account.

 

7. Acceptable use

7.1. VRROOM grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to use the Platform with compatible devices that you own or control to access and use the Platform.

7.2. You will be able to interact with others through the Platform, including by viewing Content created by others. You are solely responsible for your interactions with other people through the Platform. You must abide by these acceptable use requirements and our community standards, as they are also a part of these ToU. VRROOM may, but has no obligation to, monitor your use of the Platform to ensure that you are following these acceptable use requirements and community standards.

7.3. In addition, you won’t:

  • Use the Platform in a way that negatively affects others or our ability to provide the Services;
  • Use the Platform for any illegal or unauthorized purpose;
  • Use any technology or other means not authorized by us to access the Platform or to extract data;
  • Attempt to gain unauthorized access to any VRROOM Services, including by trying to circumvent any restrictions;
  • Attempt to decipher, decompile, reverse engineer, disassemble, reproduce, modify, copy, distribute, publicly perform, publicly display or create derivative works of the Platform or the source code of the software used to provide the Platform (except as and only to the extent permitted by applicable law);
  • Use the Platform in excess of any applicable technical or capacity limitations;
  • Use the Platform to create a competitive Service, or for benchmarking or vulnerability testing purposes, except as authorized by VRROOM in writing; or
  • Infringe upon or violate the rights of VRROOM, other people in our community, or any third party.

7.4. By using the Platform, you understand that VRROOM does not endorse or actively review the Content posted or sent by others within the Platform. We will not be responsible for any liability incurred as the result of your interactions with others or your use of Content provided by other people. Your use of any Content provided by other people, and any interactions with others, is at your own risk.

7.5. You represent and warrant that (a) you either control or own your Content, or you have obtained all rights necessary to share your Content in compliance with these terms; (b) your Content, and our use of your Content as permitted under these terms, will not infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws, rules, or regulations; and (c) your Content does not violate our community standards.

 

8. Recording and monitoring for safety

8.1. Data about your experience may be stored on our servers. This allows us to report abuse, combat harmful conduct, and protect and support our community. Other users may report such behaviours.

8.2. You understand that you may be exposed to content from a variety of sources when using VRROOM and acknowledge that content may be inaccurate, offensive, indecent or otherwise objectionable. You agree that VRROOM shall not be responsible or liable for content posted by you, other users of the Platform, or a third party.

8.3. VRROOM can be used to access certain user-facing software, services and content provided by third parties (together “Third-party Services”). Use of Third-party Services may be subject to additional terms and conditions imposed by the Third Party. When interacting with any Third-party Services, you are responsible for complying with any applicable Third-party terms, and we encourage you to pay attention to any applicable Third-party terms before using the Third-party Services. To the extent permitted by applicable laws, we hold no liability with respect to any Third-party Services, and we make no representations or warranties with respect to them.

 

9. Intellectual Property

9.1. By using our services, you gain access to our “Technology” which covers the software, code, proprietary methods and systems used to provide the Services and any other VRROOM hardware and software products. Such Technology is exclusively owned by us and/or our licensors under French and international intellectual property laws.

9.2. You must abide by all legal notices, information, or restrictions contained in, or attached to, any of our Technology. Nothing in these ToU grants you any rights to receive our Technology or to obtain access to our Technology except as generally and ordinarily permitted through the Services, according to these ToU. Furthermore, nothing in these ToU will be deemed to grant, by implication, estoppel or otherwise, a license to our Technology.

9.3. In particular, the names, logos, and other business identifiers displayed on the Platform constitute trademarks, trade names or logos (“Marks”) of VRROOM or other owner. You are not authorized to use any Marks. Ownership of all such Marks remain with VRROOM or those other owners.

9.4. Limitations relating to sound recordings and musical works. With regard to the features offered on the Platform, you may choose to make available to users copyrighted sound recordings and the musical works embodied in the sound recordings (“Licensed music”) in connection with features of VRROOM. If VRROOM makes licensed music available to you, VRROOM grants you permission to use licensed music solely for creating content on VRROOM. This permission is in the form of a non-exclusive, non-sublicensable, personal, limited, revocable, non-transferable license to (a) synchronize the licensed music into content on VRROOM during the period of time that the licensed music is made available through VRROOM and (b) play, listen, and interact with content containing licensed music solely through VRROOM.

 

10. Privacy

10.1. We care about your privacy. Our Privacy Policy describes how we collect, use and disclose information about you. Please read our Privacy Policy carefully so you understand how we use and share information we collect about you.

10.2. In addition, certain Third Parties (such as developers of Third-party Content and the manufacturers of your computer, mobile phone or other devices) may collect information about you when you use our services. These Third Parties have their own privacy policies and will process the information they collect about you according to these policies. We encourage you to review these privacy policies before sharing any information with Third Parties. We are not responsible for the accuracy of any Third Party’s privacy policy or for ensuring that Third Parties comply with their privacy policies.

 

11. Warnings and disclaimers

11.1. The following paragraphs limit our liability to you and also limit your legal remedies. They are important and contain some overly lawyerly words, but we have to include them so we can provide our Services to you. Buckle up.

11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE PROVIDING OUR SERVICES AND OUR TECHNOLOGY ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO OUR SERVICES (INCLUDING ANY THIRD-PARTY MATERIALS OR CONTENT) AVAILABLE THROUGH OUR SERVICES) AND OUR TECHNOLOGY PROVIDED UNDER THESE TERMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, LOSS OR CORRUPTION OF DATA, OR ACCURACY.

11.3. WE DO NOT WARRANT THAT YOUR USE OF OUR SERVICES (INCLUDING ANY THIRD-PARTY MATERIALS OR CONTENT AVAILABLE THROUGH OUR SERVICES) OR OUR TECHNOLOGY PROVIDED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. THE FEATURES AND FUNCTIONALITY OF OUR SERVICES (INCLUDING ANY THIRD-PARTY MATERIALS OR CONTENT AVAILABLE THROUGH OUR SERVICES) MAY CHANGE AT ANY TIME AND VRROOM DISCLAIMS ANY RESPONSIBILITY FOR SUCH CHANGES OR ANY STATEMENTS VRROOM MAKES OR HAS MADE ABOUT THE EXISTENCE OF SUCH FEATURES OR FUNCTIONALITY.

11.4. IN NO EVENT WILL VRROOM BE LIABLE FOR ANY INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES (INCLUDING ANY THIRD-PARTY MATERIALS OR CONTENT AVAILABLE THROUGH OUR SERVICES) OR OUR TECHNOLOGY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VRROOM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, OUR SERVICES (INCLUDING ANY THIRD-PARTY MATERIALS OR CONTENT AVAILABLE THROUGH OUR SERVICES) AND OUR TECHNOLOGY WILL NOT EXCEED THE PRICE YOU PAID FOR THE SERVICES GIVING RISE TO THE APPLICABLE CLAIM.

11.5. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY LAW. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF VRROOM FOR (A) DEATH OR PERSONAL INJURY CAUSED BY VRROOM’S GROSS NEGLIGENCE IN CONNECTION WITH THE SERVICES; OR FOR (B) ANY DAMAGES CAUSED BY VRROOM’S FRAUD OR FRAUDULENT MISREPRESENTATION, INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.

11.6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR EXCLUSIONS OR LIMITATIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU, AND VRROOM’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATIONS ARE PERMITTED BY LAW.

 

12. Miscellaneous

12.1. Modifications to these ToU. These VRROOM ToU may be updated from time to time to accurately reflect our services and practices. If we do, we’ll make sure to notify you, for example, by sending a notification to your VRROOM ID and/or giving notice through our Services. Unless we say otherwise in our notice, the revised terms will be effective immediately and your continued use of your VRROOM ID after we provide notice of the changes will confirm your acceptance of the revised terms. We encourage you to review the terms from time to time to ensure you understand the terms and conditions that apply to your use of the Services.

12.2. Suspension – Termination. We may immediately terminate these terms and consequently your access to our services at any time if you violate these terms. If we terminate these terms: (i) you will remain liable for all amounts due under your VRROOM Account up to the date of termination (included); (ii) your VRROOM Account will be deactivated and your Content may be inaccessible, deleted, or deactivated, and (iii) your rights and obligations under these terms will terminate. You may also delete your VRROOM Account at any time, which will terminate these terms. We will not have any liability for any termination of these terms for any of the reasons described above.

12.3. Assignment. You may not, without VRROOM’s prior written consent, assign, transfer, charge or subcontract all or any of your rights or obligations under these VRROOM ToU, and any attempt to do so without that consent will be null and void. If restrictions on the transfer of the VRROOM rights in these VRROOM ToU are not enforceable under the laws of your country, then these VRROOM ToU will be binding on any recipient. VRROOM reserves the right, at any time, to assign, transfer, charge, or subcontract all or any of its rights or obligations under these VRROOM ToU.

12.4. Survival. Even if our relationship ends, VRROOM has the right to continue to use your Content and the feedback you have provided to us in the ways permitted by these ToU (subject to your rights above), and the following provisions will also continue to apply: Licenses to Apps, Use of the Platform, Permissions, Suspension/Termination, Intellectual Property, Warnings and Disclaimer and Limits on Liability, Miscellaneous.

12.5. Severability. If any part or parts of these ToU are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of these ToU will continue in full force and effect.

12.6. Governing law and jurisdiction. The laws of France will apply to these ToU, subject to any applicable mandatory local law depending on your country of residence. Any claim or action arising from these ToU will be brought before the competent French Court.