The following Terms of Service Agreement (the "TOS") is a legally binding agreement that governs the relationship between THE VOID, LLC ("THE VOID"), located at 644 N 2000 W, Lindon, Utah 84042 (as well as our subsidiaries and affiliates) and our users in connection with the use of the website located at www.thevoid.com (the "Site"), or the other current and future online and mobile websites, platforms, services, applications, and networks owned or operated by THE VOID (the Site and these other websites, platforms, services, applications and networks constituting the "Service").
PLEASE READ THIS TOS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS IN THIS TOS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICE.
B. Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that (i) you will furnish factual, correct, current and complete information with regard to yourself as may be requested by the data registration process, (ii) you will maintain and promptly update your registration and profile information in an effort to maintain its accuracy and completeness at all times, (iii) your use of the Service and your use of services available on the Service do not violate any applicable law or regulation, and (iv) you are 13 years of age or older. If you knowingly provide any a false, untrue, inaccurate or incomplete information, THE VOID will have the right to suspend or terminate your Account (and your right to use the Service), and to prohibit your further use of (or refuse to accept any attempt to use) the Service, or any portion thereof.
C. User Name, Password and Security. After providing the requested registration data and creating your username, you will receive a random password which you can later change and Account designation. You are responsible for maintaining the secrecy and confidentiality of your password and for all activities that occur on or within your Account. You are responsible for notifying THE VOID immediately if you notice any unauthorized access or use of your Account or password or any other breach of security. THE VOID shall not be held liable for any loss and/or damage arising from any unauthorized access or use of your Account due to your failure to comply with the terms of this TOS. We reserve the right at any time and for any reason to change your username in our sole and absolute discretion upon reasonable prior notice to you.
D. Use of the Service by Minors. It is THE VOID's priority to ensure the safety and privacy of all its visitors, users and members of the Service, especially that of children. Accordingly, children under the age of 13 are prohibited from creating Accounts and otherwise using the Service. The Service and our offerings are not targeted towards children under the age of 13. All individuals who wish to participate in the walk-around virtual reality experiences that we offer at virtual reality entertainment centers and other venues ("VRECs") are required to establish an Account. Since children under the age of 13 are not allowed to create their own Account, a parent or legal guardian may create an Account for himself/herself that additionally identifies the name of one or more minor(s) under their legal control. While the inclusion of the name of a minor(s) on the Account of a parent or legal guardian will be sufficient to enable the applicable minor(s) to access virtual reality experience at a VREC (subject to any other conditions of admittance, including the provision of a Release of Liability ("Acknowledgement and Express Assumption of Risk and Release of Liability") signed by a parent or legal guardian), the parent or legal guardian expressly agrees that the applicable minor(s) will not otherwise be allowed to access the Account of the parent or legal guardian or access any of the Services offered to members.
You agree not to make use of the Service for the purpose of:
A. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Service for violations of this TOS and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates this TOS; (iii) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any content or functionality on the Service or any portion of the content or functionality on the Service; (iv) manage the Service in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of the Service; (v) screen our users or members, or attempt to verify the statements of our users or members, and/or (vi) monitor disputes between you and other users or to terminate or block you and other users for violating this TOS.
B. Interactions with other Users. You are solely responsible for your interactions with other users of the Service. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Service and that you give to other users of the Service. You are discouraged from publicly posting your telephone number or street address on the Service. Information posted to the Service by other users of the Service may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Service. Opinions and other statements included in User Content (as defined in Section 8 below) do not represent the opinions or statements of THE VOID and the posting of User Content on the Service does not constitute THE VOID's support or endorsement of any opinions or statements expressed in the applicable Contribution.
C. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS TOS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, IN WHOLE OR IN PART, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION.
You are responsible for complying with United States export controls in connection with your use of the Service and for any violation of these controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.
As a member of the Service, you may be able to upload, submit, store, send or receive content ("User Content"). You are entirely responsible for the content of, and any harm resulting from, any User Content that you post on or through the Service. You retain ownership of any intellectual property rights that you hold in the User Content. In short, what belongs to you remains yours. However, when you upload, submit, store, send or receive content to or through the Service you hereby grant THE VOID the following non-exclusive, worldwide, fully paid, royalty-free, perpetual, irrevocable licenses:
Those areas which may be deemed "publicly accessible" areas of the Service are those areas which are meant to be available to the general public, and which would include message boards and groups that are openly available to both visitors and members. Areas on the Service which are not open to the public, would include our mail system and instant messaging within the Service.
Notwithstanding the foregoing, any content that we provide to you through the Service (whether in the form of text, photos, videos or otherwise) or any content that we permit you to create using the interactive software tools available as part of the Service (e.g., the creation of an avatar or other digital personality), whether or not you submit or make the content you creates available for inclusion on the Service, in whole or in part, shall, as between you and us, be and at all times remain solely owned by and be the property of THE VOID.
The Service includes an area for our users and members to contribute feedback regarding the Service. When you submit ideas, documents, suggestions and/or proposals ("Feedback") through the Service, you acknowledge and agree that:
You hereby agree, at your expense, to indemnify, defend and hold harmless, THE VOID, its officers, directors, investors, members, managers, partners, affiliates, employees, agents, service providers and other contractors from and against any loss, cost, damages, liability and/or expense, including reasonable attorney fees, arising out of or relating to third party claims, actions or allegations brought against THE VOID based on any User Content you submit, post, modify, transmit or otherwise make available through the Service, your use of the Service or your connection with Service, your violations of the Terms of Service and/or your violation of any rights of another person. You will not be required to indemnify and hold THE VOID harmless from and against any claims, liabilities, damages, losses, or expenses resulting from THE VOID's own negligent conduct.
As a member of the Service, you may cancel or terminate your Account, associated email address and/or access to the Service by submitting a cancellation or termination request using our Contact Us form located here https://www.thevoid.com/contact-us/.
The Service contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Therefore, except as expressly permitted by applicable law or as authorized by THE VOID or an applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Service, in whole or part. THE VOID grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code for the Service on a single computer, smart phone, tablet or similar mobile device, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any rights in the Service. Furthermore, you agree not to alter or change the Service in any manner, nature or form, and not to use any modified versions of the Service. You also agree not to access or attempt to access the Service through any means other than through the interface which is provided by THE VOID for use in accessing the Service. You acknowledge, understand and agree that all of THE VOID's trademarks, copyright, trade name, service marks, and other THE VOID logos and any brand features, and/or product and service names are trademarks that are owned by THE VOID and shall remain the property of THE VOID. You agree not to display and/or use THE VOID logo or marks unless expressly agreed in writing by THE VOID.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE VOID AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: A) THE USE OR INABILITY TO USE OUR SERVICE; B) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; C) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; D) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; E) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THE VOID may furnish you with notices, including notices relating to any changes to the TOS, through email, regular mail, MMS or SMS, text messaging, postings on the Service, or other reasonable means currently known or any which may be herein after developed.
THE VOID, LLC respects the intellectual property rights of others, and we ask that all of our users and members do the same. When appropriate, as determined in our sole discretion, THE VOID may disable and/or terminate the Accounts of any member who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
THE VOID reserves the right to update and/or change the terms of this TOS. We will notify you of material changes to this TOS by providing display notice on the Site. Accordingly, you are responsible for periodically reviewing this TOS so that you are informed about the specific terms and conditions in this TOS as then in effect. If you do not agree to the changes, you should discontinue your use of the Service prior to the time the modified TOS takes effect. If you continue using the Service after the modified TOS takes effect, you will be bound by the modified TOS. Where practical, we will try and provide advance notice of changes to this TOS, but if the TOS is reviewed only at our kiosks during a periodic visit to a VREC, or is not reviewed online or elsewhere regularly, you may not receive actual advance notice of changes.
This TOS constitutes the entire agreement between you and THE VOID and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to THE VOID's Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other of our Services, affiliate Services, third-party content or third-party software.
Please Read This Following Clause Carefully - It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by THE VOID if you do not prevail in arbitration.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Notwithstanding any terms set forth in this TOS, if any of the provisions set forth in Sections 14, 16 or 23 are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of this TOS shall remain binding on you and THE VOID. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys' fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in this TOS, nothing in this TOS is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: We are located at 644 N 2000 W, Lindon, UT 84042. If a user has a question or complaint regarding the Service, please send an email to email@example.com. Users may also contact us by calling us at our toll free number (855) 227-9790 California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If THE VOID fails to exercise or enforce any right or provision of this TOS, the applicable failure shall not constitute a waiver of the applicable right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
THE VOID may assign or license this TOS or any part thereof, and may delegate any of its obligations hereunder. You may not assign this TOS or any part thereof, nor transfer or sublicense your rights hereunder.
If you have any questions or concerns about the Service or this TOS, you may contact us at:
THE VOID, LLC
Attn: Legal Department
644 N 2000 W
Lindon, Utah 84042