IMERSYS SOFTWARE LTDA - LEGAL

Terms of Service

(Created on December 06, 2018).

 

This document serves to legally bind you to the terms and conditions below. So you should read it, completely. We expect that you will continue to use our products, but if you do not agree to these terms of service, do not access or use the services of Imersys Software Ltda.

 

These terms (formerly known as the Statement of Rights and Responsibilities) constitute an entire agreement solely between you and Imersys Software Ltda. regarding your use of the products, features, applications, services, technologies and software we offer, except when expressly stated that other terms (and not these) apply. They prevail over any prior agreements.

 

We may update these terms periodically so that they accurately reflect our services and

practices. Once the updated terms take effect, you will be bound to them if you continue to use our products, so always note the date of update of these terms, indicated at the beginning of the document.

 

We try to make the products, features, applications, services, technologies, and software that we offer widely available, but you will not be able to use it if you are under the age of 13 (or are under the minimum legal age in your country for use of our products) if at any time we have previously disabled your account for violations of our terms or policies or if you are prohibited by law from receiving our products, features, applications, services, technologies and software.

 

By using our products, you may not engage in any behavior that violates these terms, is unlawful, misleading, discriminatory or fraudulent, infringes or violates the rights of another person, accesses or collects data from our products using automated means (without our permission to access data that you do not have access to, to enter viruses or malicious code, or to do anything that could disable, overburden, or affect the proper functioning or display of our products, or use we hold and make available on our Products.

 

In the event that we identify any of the aforementioned conduct, we may take action against you. We encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.

 

We hereby inform you that our products, however, are supplied "as is". We may display age, comfort, and content ratings for digital content based on information provided to us by the developers of that content.

 

We can not guarantee that digital content ratings will always be accurate, secure, error-free, or work without interruption, delays and imperfections, nor can we promise that you will not find any harmful, offensive, immoral or objectionable material.

 

Therefore, you agree to assume all risks of using our software, its functions and services or content of the services, and do not hold Imersys Software Ltda. or any of its owners, directors, employees, partners or advertisers responsible for any losses, costs or damages, tangible or intangible damages arising out of the use of the software, content and service, including but not limited to compensatory, consequential, punitive, incidental or attorney's fees arising out of such use.

 

To the maximum extent permitted by law, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

Imersys Software Ltda. disclaims all liability in connection with the use of the software, content and service, and informs that these rights or terms can not be waived by you without our written consent.

 

We also will not be responsible for any third party content or service that may occur through the software, nor will we be responsible for any malicious code contained or distributed through the software by a third party.

 

Imersys Software Ltda. does not guarantee the continuous availability of its contents and services. We reserve the right, at our sole discretion and where technically feasible, to disable the services or your ability to use services that we believe pose a health and safety risk or that violate any agreements, laws, regulations or policies. We will not incur any liability if we choose to remove, disable or exclude that ability to use any part or all of the services.

 

IMPORTANT HEALTH AND SAFETY NOTICES AND INSTRUCTIONS YOU SHOULD READ BEFORE USING THE SERVICES, AVAILABLE ON https://securecdn.oculus.com/sr/gearvr-warning-english. BY USING THE SERVICES, YOU DECLARE AND GUARANTEE THAT YOU HAVE READ AND UNDERSTOOD THESE NOTICES AND INSTRUCTIONS. WE MAY UPDATE OR REVIEW THESE WARNINGS AND INSTRUCTIONS. THEREFORE, PERIODICALLY ANALYZE THEM. OTHER HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS MAY BE PROVIDED BY DEVELOPERS WITH REGARD TO SPECIFIC THIRD PARTY CONTENTS. YOU ACKNOWLEDGE AND GUARANTEE THAT YOU WILL READ ALL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS BEFORE USING THE SERVICES.

 

To maximize your enjoyment, safety and global experience, the products, features, applications, services, technologies and software we offer can only be used with Samsung Gear VR or Oculus GO hardware devices.

 

We will always appreciate receiving your feedback and other suggestions about our products and services, which should occur through the email contact@imersys.com, or our website www.imersys.com, but be aware that we can use them without any restriction or obligation to pay you, and we have no duty to keep you confidential.

 

Our goal is to resolve disputes fairly and quickly. Thus, for any dispute you have against Imersys Software Ltda., you agree that you will first contact us at contact@imersys.com, or from our website, to try to resolve the dispute informally.

 

You and Imersys Software Ltda. agree to waive any right to a jury court, or the right to resolve any Contest in court and, instead, accept the use of mandatory arbitration (which is the submission of a Contest to one or more persons impartial for a final and binding decision).

 

The arbitrator, Imersys Software Ltda. and you shall maintain the confidentiality of any proceedings, including but not limited to any information collected, prepared and presented for the purposes of arbitration or related to the Contest.

 

The arbitrator shall have authority to create appropriate rules to protect such confidentiality, unless otherwise provided by law. You and Imersys Software Ltda. empower the mediator with sole authority to resolve any dispute concerning the interpretation, application and enforceability of these terms or the signing of this agreement and any claim that any or all part of these terms is void or void.

 

Your access to and use of the Services will also be subject to local, state, national, and international laws. However, we have uniquely established that you have the right to file any Judgments in Special Courts only if all the requirements of the Special Court, including any limitations of jurisdiction and the amount under discussion in the Contest, are fulfilled. You agree to file any Contestments only in the special courts of the city of Curitiba (Brazil), and you agree to submit to the jurisdiction of Brazil for the purpose of litigating all such claims to the extent permitted by law.

 

You further agree that any Response is solely and exclusively between you and Imersys Software Ltda. and should be settled solely by arbitration or individual claim.

 

"Dispute" means any litigation, cause of action, controversy or claim arising out of or relating to Imersys Software Ltda., these Terms, the subject matter of these Terms, or access to and use of the Services, including but not limited to the contract, bodily injury, unlawful or other legal or equitable basis and disputes involving third parties (such as developers of Third Party Content), other than litigation, causes of action, lawsuits or contestation relating to Imersys Software Ltda.' intellectual property (such as trademarks, commercial presentation, domain names, trade secrets, copyrights and / or patents).

 

If any of the terms are unlawful or unenforceable or if there is a claim that we violate any of these terms, this will not affect or invalidate the other terms.

 

Subject to these terms, you are authorized to access and use the products, features, applications, services, technologies and software that we offer. Enjoy and evolve with us.