Terms of service
END USER LICENSE AGREEMENT AND TERMS OF SERVICE
Effective Date: October 3, 2017
Last Updated Date: March 25, 2022
IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 10. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These Terms of Service (this “TOS”, “TERMS”) are a binding contract between you, an individual user (“you”) and Microsoft Corporation (“AltspaceVR,” “we,” “us” or “our”) governing your use of the AltspaceVR Service, (the “Service”). BY USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE THE SERVICE. AltspaceVR may change these Terms at any time without prior notice, but we will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of these Terms at any time by selecting the appropriate link on the Service. The revised Terms will become effective at the time of posting and your use of the Service after such time will constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. No revisions to these Terms will apply to any dispute between you and AltspaceVR that arose prior to the effective date of such revision. We may include additional terms on the Service for special offerings. In the event of any conflict or inconsistency between these Terms and any such additional terms, those additional terms will control solely to the extent of the conflict or inconsistency. These Terms are in effect for as long as you use the Service, and those sections that by their nature are intended to survive, such as perpetual licenses, will survive in perpetuity, including for purposes of any dispute resolution.
Use of the Service and Data.
We collect data relating to your use of the Service, and maintain and process that data in accordance with the Microsoft Privacy Statement.
THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY AltspaceVR. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If you are over the age of 13 but under the age of 18, you agree that you are authorized to use the Service by a parent or guardian.
All usage of AltspaceVR is at the discretion of AltspaceVR. Your use, Content, and conduct must at all times comply with the Community Standards posted at: Community standards - AltspaceVR | Microsoft Docs, as may be updated from time to time. AltspaceVR may suspend your access to AltspaceVR at any time if it believes in its reasonable discretion that your use is in violation of these Terms, the Community Standards, or for any other reason.
You may not: (a) use any device, software or routine to access, tamper with, interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service; (b) delete or alter any material AltspaceVR or any other person or entity Posts on the Service; (c) decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; (d) Post any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service; (e) frame or link to any of the materials or information available on the Service, or live stream any such content; (f) use the Service, without AltspaceVR’s prior express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; (g) restrict, discourage, or inhibit any person from using the Service, disclose personal information about any third party without the consent of that person; (h) violate any federal, state, or local laws or regulations or these Terms; or (i) assist or permit any person in engaging in any of the activities described above.
The Service provides you with access to a variety of virtual environments where you can attend virtual events, socialize with other Users, play games and view photographs, audiovisual works and/or other content (“User Content”). The Service also allows you to upload, transmit, or otherwise post User Content to the Service. Further, the Service provides you with the opportunity to collaborate with other Users on various projects to develop virtual reality content (each, a “Development Project”). You agree that we may create live streams or recordings depicting your use of the Service (“Live Streams” and "Recordings”, respectively) and make them available on External Sites (defined in Section 7 below) or to other Users. As used in these Terms, the term “User” means any person who accesses and/or uses the Service.
This application allows presenters to display YouTube videos from the YouTube service. Your access to the YouTube service is subject to the YouTube Terms of Service and privacy statement.
You may send messages to others via the Service (collectively, “Messages”). You agree that (i) you will only send Messages through the Service to others who have given you their prior express consent to receive such Messages; (ii) you, and only you, take all actions necessary to initiate and send all Messages that you transmit to others through the Service, and AltspaceVR is merely a technology provider that plays no active role whatsoever in initiating and/or sending such Messages; and (iii) you will indemnify and hold AltspaceVR harmless from any and all claims and losses arising out of your sending Messages to others through the Service to the fullest extent permitted by law. Without limiting the foregoing, you are solely responsible for all fees and charges associated with any Messages you send through the Service, including, without limitation, any fees, or charges imposed by your Carrier.
Translation and Transcription.
In order to facilitate community and to create a welcoming environment for many users, AltspaceVR allows users to view a transcription of words spoken by other users, and also facilitates the translation of spoken and written words, at the user’s option. When you elect to participate in an AltSpace event, your words are automatically eligible for translation and transcription. Translations and transcriptions are created using Microsoft Speech Services, so they may not always be accurate. We let users know this when they choose to receive translated or transcribed text.
Intellectual Property Rights.
Except for User Content, all content that AltspaceVR provides to Users on or through the Service (collectively, the “AltspaceVR Content”) is protected by copyright or other intellectual property rights and as between you and AltspaceVR, is owned by AltspaceVR. The AltspaceVR trademarks, service marks, and logos (collectively, the “AltspaceVR Trademarks”) used and displayed on the Service are AltspaceVR’s registered and/or unregistered trademarks or service marks. All use is subject to the Microsoft brand guidelines at Trademark and Brand Guidelines | Microsoft Legal. Other product and service names located on the Service may be trademarks or service marks owned by third parties (collectively with the AltspaceVR Trademarks, the “Trademarks”).
AltspaceVR reserves all rights not expressly granted to you in this Section 3. Nothing in these Terms will be construed as granting to you, by implication, estoppel, or otherwise, any additional rights in and to the Service or any AltspaceVR Content or Trademarks.
Licenses to User Content.
You hereby grant AltspaceVR an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce (including in timed relation to visual images), distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, “Use”) all User Content you Post on or to the Service by any means and through any media and formats now known or hereafter developed (and, for clarity and without limiting the preceding terms in this Section 4.c.i, with respect to Personal Recordings, as embodied in Live Streams and/or Recordings), for the purposes of (i) advertising, marketing, and promoting AltspaceVR and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by these Terms and conducting AltspaceVR’s business. You must not Post any User Content on or through the Service or transmit to AltspaceVR any User Content that you consider to be confidential or proprietary. Any User Content Posted by you on or to the Service or transmitted to AltspaceVR will be considered non-confidential and non-proprietary, and treated as such by AltspaceVR, and may be used by AltspaceVR in accordance with these Terms without further notice to you.
License to Other Users.
If you Post any User Content on the Service in connection with a Development Project (“Development Project User Content”), then you hereby grant all other Users a non-exclusive, perpetual (for the duration of any copyrights), irrevocable, transferable, sublicenseable, worldwide, and royalty-free license to use, reproduce, create derivative works of, publicly display and perform, distribute, adapt, modify, combine with other materials or content and otherwise exploit your Development Project User Content to contribute to Development Projects on the Service or other projects outside of the Service. If you remove or delete any Development Project User Content from the Service, then the license granted in this Section will survive in perpetuity with respect to any work that incorporates any Development Project User Content. We may require you to provide sufficient evidence of having all necessary rights, licenses, authorizations, permissions, and clearances for any of your User Content that you post on or to the Service, and if you fail to provide such evidence within a reasonable period of time (as determined by AltspaceVR in its sole discretion), then AltspaceVR may remove some or all of your User Content from the Service and/or terminate your Account, without any liability to you.
Waiver of Rights to User Content.
To the fullest extent permitted by law, by Posting User Content to the Service, you hereby (i) waive all rights to prior inspection or approval of any marketing or promotional materials related to such User Content; (ii) waive all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof (including, without limitation, with respect to any avatar you may use on the Service and any Live Streams and/or Recordings which may include your Personal Characteristics); and (iii) release AltspaceVR and its affiliates (collectively, the “AltspaceVR Parties”) from all claims in connection with any use of the User Content, including to the extent it includes personal information, by the AltspaceVR Parties. To the extent any moral rights are not transferable or assignable, you further hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you Post on or through the Service.
All content must be consistent with the Code of Conduct at Section 4.a of these terms. If you post any Content that is not consistent with these Terms. AltspaceVR may terminate, suspend, warn, or take other appropriate actions against Users for posting Content that is not consistent with the Code of Conduct, as determined by AltspaceVR in its reasonable discretion, including, but not limited to, the removal of all such User Content posted to the Service.
The Service may contain links to or the ability to share information with other websites or other online properties that are not owned or controlled by AltspaceVR (collectively, “External Sites”). AltspaceVR does not endorse any content on such External Sites. The content of such External Sites is not developed or provided by AltspaceVR, and AltspaceVR is not responsible for such Content. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. Take precautions when downloading files from all websites to protect your devices from viruses and other destructive programs. If you decide to access any External Sites, then you do so at your own risk.
While our own staff works to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending AltspaceVR or our employees any ideas for or suggestions, including copyrighted content, for the Service or another product (collectively “Feedback”), then regardless of what your accompanying communication may say, the Feedback is provided on a non-confidential basis, and AltspaceVR is not under any obligation to keep any Feedback you send confidential, or to use such Feedback. You irrevocably grant AltspaceVR a perpetual and unlimited license to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge, and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
AltspaceVR respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service. If you are a rights holder, and wish to send a notice of intellectual property infringement with respect to infringement of your rights, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement (https://www.microsoft.com/info/cpyrtInfrg.aspx). INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
Binding Arbitration and Class Action Waiver.
If You Live In the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes Microsoft and Microsoft’s affiliates.
Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your Microsoft account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U.S.A. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at https://go.microsoft.com/fwlink/?LinkId=245499. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court if you meet the court’s requirements in your county of residence (or, if a business, your principal place of business) or King County, Washington, U.S.A.
Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see https://www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at https://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
Arbitration Fees and Payments.
Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 8.a) within one year from when it first could be filed. Otherwise, it’s permanently barred.
Rejecting Future Arbitration Changes. You may reject any change we make to section 8 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 8.b. If you do, the most recent version of section 8 before the change you rejected will apply.
Severability. If any part of section 8 (Binding Arbitration and Class Action Waiver) is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, section 8 will be unenforceable in its entirety.
Warranties and Liability.
Your Warranty to AltspaceVR.
You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; and (iii) our exercise of rights granted in these Terms will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in this EULA or have such music publisher enter into this EULA with us. You are granting AltspaceVR the right to Use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (for example, a record label), a musical work copyright owner (for example, a music publisher), a performing rights organization (for example, ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (for example, SoundExchange), any unions or guilds, and engineers, producers, or other royalty participants involved in the creation of any User Content. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of External Sites will not have any separate liability to you or any other third party for User Content Posted or Used on such External Sites via the Service.
DISCLAIMER OF LIABILITY AND WARRANTY.
AltspaceVR AND MICROSOFT DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE ACCURACY, RELIABILITY, COMPLETENESS, APPROPRIATENESS OR TIMELINESS THEREOF). AltspaceVR AND MICROSOFT WILL NOT BE SUBJECT TO ANY LIABILITY RELATED TO CONTENT SHARED OR POSTED BY USERS THROUGH THE SERVIE; OR FOR ANY DELAYS OR INTERRUPTIONS TO THE SERVICE. WITHOUT LIMITATION, THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND AltspaceVR AND MICROSOFT HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. AltspaceVR AND MICROSOFT DO NOT WARRANT THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF ERRORS, COMPUTER VIRUSES, OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES YOU ASSUME ALL RISKS ARISING FROM YOUR USE OF THE SERVICE.
IN NO EVENT WILL AltspaceVR OR MICROSOFT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH AltspaceVR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AltspaceVR’S AND MICROSOFT’S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO U.S. $100.
- RELEASE FROM LIABILITY.
ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CARRIER OR OTHER USER), IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE AltspaceVR AND MICROSOFT FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless AltspaceVR and Microsoft from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of these Terms; (b) your access to, use, or misuse of the AltspaceVR Content or the Service; or (c) your User Content. AltspaceVR will provide notice to you of any such claim, suit, or proceeding. AltspaceVR reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if AltspaceVR believes that you are unwilling or incapable of defending AltspaceVR’s interests. In such case, you agree to cooperate with any reasonable requests assisting AltspaceVR’s defense of such matter at your expense.
Consent to Electronic Communications.
These Terms are governed by the laws of Washington State without respect to its conflict of laws provisions. You agree that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and AltspaceVR other than as specifically set forth in these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. Failure of AltspaceVR to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision in these Terms. No waiver will be effective against AltspaceVR unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by AltspaceVR and you, these Terms constitute the entire agreement between you and AltspaceVR with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import. These Terms will inure to the benefit of our successors and assigns. You may not assign these Terms or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of AltspaceVR. AltspaceVR may assign these Terms, including all its rights hereunder, without restriction.
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