Terms of Service

WEBSITE TERMS OF USE
LAST REVISED ON: AUGUST 23, 2017

The website located at www.entrypointvr.com, entrypoint.live (the “Site”) is a copyrighted work belonging to Entry
Point VR, Inc (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional
guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional
terms, guidelines, and rules are incorporated by reference into these Terms.


THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND
CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU
ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU
REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY,
AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT
YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE
NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE
TERMS, DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO
RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE
REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.


1. ACCOUNTS


1.1 Account Creation. In order to use certain features of the Site, you must register for an account
(“Account”) and provide certain information about yourself as prompted by the account registration form. You
represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will
maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following
the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.


1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login
information and are fully responsible for all activities that occur under your Account. You agree to immediately
notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of
security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the
above requirements.


2. ACCESS TO THE SITE


2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable,
limited license to use and access the Site.


2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a)
you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site,
whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works
of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to
build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the
Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form
or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site
shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed
on the Site) must be retained on all copies thereof.


2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in
whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third
party for any modification, suspension, or discontinuation of the Site or any part thereof.


2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to
provide you with any support or maintenance in connection with the Site.


2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that
all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its
content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers
to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited
access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these
Terms. There are no implied licenses granted under these Terms.


3. USER CONTENT


3.1 User Content. “User Content” means any and all information and content that a user submits to, or uses
with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You
assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or
usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You
hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section
3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or
endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to
liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup
any User Content, and your User Content may be deleted at any time without prior notice. You are solely
responsible for creating and maintaining your own backup copies of your User Content if you desire.


3.2 License. For clarity, you retain all of your ownership rights in your content. However, you hereby grant
(and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-
free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative
works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of
the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably
waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your
User Content.


3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that
violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive,
tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading,
trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any
kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv)
that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses,
worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited
or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other
form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect,
gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the
regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other
computer systems or networks connected to or used together with the Site), whether through password mining or
any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or
automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or
queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the
operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole
purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but
not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).


3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate
and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any
other provision of these Terms or otherwise create liability for us or any other person. Such action may include
removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting
you to law enforcement authorities.


3.5 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”),
you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and
fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any
Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to
Company any information or ideas that you consider to be confidential or proprietary.


4. INDEMNIFICATION. You agree to indemnify and hold Company (and its officers, employees, and agents)
harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising
out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations
or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior written consent of Company. Company will use
reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.


5. THIRD-PARTY LINKS & ADS; OTHER USERS


5.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display
advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not
under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company
provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-
Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When
you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the
third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or
appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.


5.2 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do
not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether
provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of
any User Content. Your interactions with other Site users are solely between you and such users. You agree that
Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a
dispute between you and any Site user, we are under no obligation to become involved.


5.3 Release. You hereby release and forever discharge the Company (and our officers, employees, agents,
successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute,
claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature
(including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or
that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users
or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE
CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.”


6. DISCLAIMERS


THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,


QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE
SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF
APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


7. LIMITATION ON LIABILITY


TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR
RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA
RESULTING THEREFROM.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF
FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE
THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


8. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while
you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for
any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of
your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You
understand that any termination of your Account may involve deletion of your User Content associated with your
Account from our live databases. Company will not have any liability whatsoever to you for any termination of
your rights under these Terms, including for termination of your Account or deletion of your User Content. Even
after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect:
Sections 2.2 through 2.5, Section 3 and Sections 4 through 10.


9. COPYRIGHT POLICY.


Company respects the intellectual property of others and asks that users of our Site do the same. In connection with
our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any
infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat
infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the
use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material
removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be
provided to our designated Copyright Agent:


1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the
copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are
either the owner of the copyright that has allegedly been infringed or that you are authorized to act on
behalf of the copyright owner.


Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written
notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees
incurred by us in connection with the written notification and allegation of copyright infringement.


10. GENERAL


10.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may
notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently
posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail
address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not
capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will
nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be
effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if
applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes
will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes
shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of
such changes.


10.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with
Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A
CLASS ACTION WAIVER.


(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other
equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the
Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an
individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration
proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any
subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized
or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party
must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim
or dispute, and the requested relief. A Notice to the Company should be sent to: 48 9th Ave, 18A, New York, New
York 10011. After the Notice is received, you and the Company may attempt to resolve the claim or dispute
informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is
received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party
may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to
which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”),
an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this
section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules
of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating
and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer
Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling
the AAA at 1-800- 778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or
disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may
be resolved through binding non-appearance- based arbitration, at the option of the party seeking relief. For claims
or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the
right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100
miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If
you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of
any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company
made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00.
Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and
shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected,
the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific
manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or
demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline
imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any,
of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other
cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The
arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief
available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written
award and statement of decision describing the essential findings and conclusions on which the award is based,
including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you
and the Company.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY,
instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and
are subject to very limited review by a court. In the event any litigation should arise between you and the Company
in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE
COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF
THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS
AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE
ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER
CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the
arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality
unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any
information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable
relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or
unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect
and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be
waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of
this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with
Company.
(m) Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual
action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable
relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim
measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the
Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright,
trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in
court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York County,
New York, for such purpose


10.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import
regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical
data acquired from Company, or any products utilizing such data, in violation of the United States export laws or
regulations.


10.4 Disclosures. Company is located at the address in Section 10.8. If you are a California resident, you may
report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.


10.5 Electronic Communications. The communications between you and Company use electronic means,
whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you
via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic
form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that
Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it
were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.


10.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the
Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such
right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held
to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or
unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent
permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent
or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted,
delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign
these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.


10.7 Copyright/Trademark Information. Copyright © 2017 Entry Point VR, Inc. All rights reserved. All
trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third
parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party
which may own the Marks.


10.8 Contact Information:
48 9th Ave, 18A
New York, New York 10011
Email: team@entrypointvr.com


Privacy Policy

ENTRY POINT VR, INC PRIVACY POLICY

Last Updated: 08/23/2017

This privacy policy (“Policy”) describes how Entry Point VR, Inc and its related companies (“Company”) collect, use and share personal information of consumer users of this website, entrypointvr.com (the “Site”). This Policy also applies to any of our other websites that post this Policy. This Policy does not apply to websites that post different statements.

WHAT WE COLLECT. We get information about you in a range of ways.

Information You Give Us. We collect your name, email address, phone number, username, password, demographic information (such as your gender and occupation) as well as other information you directly give us on our Site.

Information We Get From Others. We may get information about you from other sources. We may add this to information we get from this Site.

Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.

Cookies. We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

USE OF PERSONAL INFORMATION

We use your personal information as follows:

• We use your personal information to operate, maintain, and improve our sites, products, and services.

• We use your personal information to respond to comments and questions and provide customer service.

• We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.

• We use your personal information to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners. • We use your personal information to link or combine user information with other personal information.

• We use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity. • We use your personal information to provide and deliver products and services customers request.

SHARING OF PERSONAL INFORMATION

We may share personal information as follows:

• We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.

• We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.

• We may share personal information for legal, protection, and safety purposes.

• We may share information to comply with laws.

• We may share information to respond to lawful requests and legal processes.

• We may share information to protect the rights and property of Entry Point VR, Inc, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use. • We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.

• We may share information with those who need it to do work for us. We may also share aggregated and/or anonymized data with others for their own uses.

INFORMATION CHOICES AND CHANGES

Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you nonmarketing emails. Non-marketing emails include emails about your accounts and our business dealings with you. You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information. You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.

CONTACT INFORMATION. We welcome your comments or questions about this privacy policy. You may also contact us at our address: team@entrypointvr.com

CHANGES TO THIS PRIVACY POLICY. We may change this privacy policy. If we make any changes, we will change the Last Updated date above.