Terms Of Use
Last Updated on May 1st, 2024
1. DEFINITIONS
A.
B.
“Platform” means Brahmarsive Platform and the related tools that enables the user to create Experiences made available at https://brahmarsive.com/ or via Oculus Store, Apple Vision Pro, or Microsoft Hole Lense, etc. made available to You over course of time.
C.
2. DESCRIPTION OF THE SITE
3. REQUIRMENT FOR USE OF THE SITE
4. GRANT OF LICENSE
5. RESTRICTIONS
In addition to other restrictions set forth in these Terms and Conditions, you agree to the
following restrictions:
(a) You must not share passwords with third parties, or otherwise authorize or permit any third party to access or use the Site.
(b) You must not provide access to the Site for non-authorized users.
(c) You must not provide access to multiple individuals under a single authorized user.
(d) You must not modify, alter, tamper with, reverse engineer, decompile, disassemble, duplicate, copy, sell, resell, redistribute, download, transmit, create derivative works, reproduce in any form (whether directly or in condensed, selective, or tabulated form), or otherwise exploit for any commercial or public purposes, any portion of, use of, or access to the Site (including the Models or Brahmarsive Experiences displayed therein).
(e) You must not use any manual or automated process or service (including, but not limited to, crawlers, robots, spiders, scraping, extraction tools, or periodic caching of information stored by Brahmarsive) to extract, retrieve, index, or in any way reproduce the Site or the Experiences displayed therein, or to access or use the Site.
(f) You must not use the Site in any manner or for any purpose other than expressly permitted by these Terms, the Privacy Policy; any invoices, if applicable; or additional terms and conditions referenced herein or made available by hyperlink herein or on the Site.
(g) You must not use the Site to use or distribute pornography.
(h) You must not sell, lend, resell, lease, sublicense, or otherwise transfer any of the rights granted to you with respect to the Site to any third party.
(i) You must not remove, obscure, or alter any copyright, trademark, or proprietary rights notice pertaining to the Site, including copyrights, trademarks, or proprietary rights notices on the Site or Models or Experiences displayed therein.
(j) You must not exploit the goodwill of Brahmarsive including their trademarks, service marks, or logos without the express written consent of Brahmarsive.
(k) You must not use the Site in any fashion that infringes the intellectual property rights, proprietary rights, or privacy rights of Brahmarsive or any third party.
(l) You must not access or use the Site in a way that is intended to improperly avoid incurring fees for paid features of the Site or otherwise attempt to gain unauthorized access to the Site.
(m)You must not restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Brahmarsive website, app, or the Experiences displayed therein).
(n) You must not use the Site to post, transmit, upload, link to, send, or store any viruses, worms, malware, Trojan horses, time bombs, or any other malicious software.
(o) You must not use the Site for any fraudulent or unlawful purpose.
(p) You must not use, or try to use, the Service in violation of these Terms.
(q) Your use of the Site is monitored for compliance with this Agreement, including the Restrictions on Use. Any failure to comply with this Agreement may result in termination of your access to the Site. Moreover, Brahmarsive reserves the right to take legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
6. YOUR ACCOUNT
Establishing a New Account: You may establish a valid account within the Site (an “Account”). This will provide you with access to the Site and the various experiences and features accessed through the Site.
To create an Account, you must have an authorized user access credentials and supply truthful and accurate information. If any contact details (including without limitation, Username, email address and billing address) change, you agree to notify Brahmarsive in writing within thirty (30) days of the occurrence of such change.
You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. You may not share your Account with anyone or allow anyone else to access or use your Account. Joint or shared ownership or use of an Account by more than one person is prohibited. Based on the subscription model that you adopt, Brahmarsive will be able to assist you in creating any number of accounts as per the terms of the subscription that you choose.
7. PASSWORDS AND NAMES
During the registration process, you will either be given a password automatically or asked to select one (“Password”).
You may not allow anyone to use your Password to access the Platform in the Site. You are responsible for maintaining the confidentiality of your Password and for any damage or harm resulting from your disclosure of your Password, or from use by any person of your Password.
Brahmarsive is not responsible for any losses arising out of the unauthorized use of your Account. You may not obtain, attempt to obtain, use, or attempt to use the Password of anyone else. Your login name will be the email address you provide and verify when setting up an account for the Platform in the Site. You may not allow anyone to use your login name or your password to access the Platform in the Site.
8. HEALTH AND SAFETY NOTICES
Brahmarsive does not provide, sell, or supply Virtual Reality Equipment or other Immersive Technology Equipment as any part of their services. It shall be your sole responsibility to independently procure, purchase, and own the Virtual Reality or other Immersive Technology Equipment required for the use of the Platform in the Site. You understand that the successful operation of the Site is contingent upon the possession of compatible Immersive Technology or Virtual Reality Equipment. Brahamarsive shall provide specifications or recommendations for Immersive Technology/Virtual Reality Equipment that is compatible with the Platform. However, the final decision to purchase suitable Immersive Technology/Virtual Reality Equipment rests entirely with you. Brahmarsive does not warrant or guarantee the compatibility of the Platform with any specific brand or model of Immersive Technology/Virtual Reality Equipment. Read and follow all setup and operating instructions and safety warnings provided with any virtual reality equipment you are using in connection with the Platform. The Brahamarsive Platform produces an immersive virtual reality experience, and users may have reactions to that experience, including motion sickness, nausea, eye strain, disorientation, vertigo, seizures, general discomfort, headaches, anxiety, or other physical, mental or health-related injuries. These reactions may be triggered when viewing the Experience from the Platform for a brief or sustained period of time. Immediately stop viewing the Experience if you come across any of these symptoms. Do not drive or operate machinery until you have recovered from any symptoms you encountered. See a doctor before viewing the Experience if you have a history of encountering these symptoms or if you are prone to seizures. Anyone viewing the Experience should take frequent breaks while doing so. Remain seated whenever possible when viewing the Experience and take special care to be aware of your surroundings to ensure you do not injure yourself or other people around you while you are viewing or immediately after viewing the Experience. Viewing the Experience from the Platform is not recommended for children without adult supervision.
9. UPGRADES TO THE SITE
Brahmarsive may, at its sole discretion, periodically enhance or upgrade the Platform or the Site. You acknowledge that Brahmarsive is not obligated to maintain or support Brahmarsive Content or the Site or to provide updates, upgrades, or related services. However, you agree that these Terms will govern all such enhancements or upgrades made by Brahmarsive from time to time.
10. AVAILABILITY
While Brahmarsive will make all reasonable efforts to ensure that the Site is available at all times, all online services suffer from occasional disruptions, technical difficulties, outages, or other problems inherent in the use of the Internet. Brahmarsive is not liable for any loss or damage you may incur as a result of such disruptions, technical difficulties, outages, or other problems
inherent in the use of the Internet. Moreover, Brahmarsive reserves the right to: (a) change or modify the Site, or any portion thereof, at any time and without prior notice to you; (b) interrupt the operation of the Site, or any portion thereof, at any time and without prior notice to you, in order to update or make changes to the Site, or to perform routine or non-routine maintenance; and (c) suspend or discontinue the Site, or any portion thereof, at any time. In the event of such suspension or discontinuation, electronic notice will be provided to you according to the terms and provisions of this Agreement. Any updates to existing features of the Site, including software updates, will not incur additional charges.
11. USER GENERATED CONTENT
By using the Site, you acknowledge and agree that you may have the opportunity to submit, post, upload, or otherwise contribute content, materials, or information to the Site (“User Generated Content”). This User Generated Content may include, but is not limited to, text, images, videos, audio recordings, and other media formats.
You understand and agree that you are solely responsible for any User Generated Content you submit or contribute to the Site, and that you assume all risks associated with such content, including its legality, reliability, accuracy, appropriateness, and compliance with applicable laws, rules, and regulations.
Furthermore, you represent and warrant that:
A. You own or have the necessary licenses, rights, consents, and permissions to use and authorize Brahmarsive to use all User Generated Content submitted by you;
B. Your User Generated Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party;
C. Your User Generated Content does not violate any applicable laws, regulations, or guidelines, including those regarding obscenity, defamation, or hate speech;
D. Your User Generated Content is accurate, truthful, and not misleading;
E. You will not submit any User Generated Content that contains viruses, malware, or any other harmful code or material;
F. You will not use the Site to engage in any unauthorized commercial activities, including advertising or solicitation.
Brahmarsive reserves the right, but not the obligation, to monitor, review, edit, or remove any User Generated Content posted on the Site that violates these Terms and Conditions or is otherwise objectionable, in Brahmarsive’s sole discretion. However, Brahmarsive does not endorse or control the User Generated Content posted on the Site, and cannot guarantee the accuracy, integrity, or quality of such content.
By submitting User Generated Content to the Site, you grant Brahmarsive a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term of any rights that may exist in such content. You also grant each user of the Site a non-exclusive license to access your User Generated Content through the Site, and to use, reproduce, distribute, display, and perform such content as permitted through the functionality of the Site and under these Terms and Conditions. You acknowledge and agree that Brahmarsive may preserve User Generated Content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Brahmarsive, its users, or the public.
Brahmarsive does not claim ownership of any User Generated Content submitted by you, and you
retain all ownership rights in your User Generated Content. However, by submitting User Generated Content to the Site, you hereby grant Brahmarsive the right to use your name, likeness, and other personal information in connection with the publication of such content, if Brahmarsive chooses to do so. If you do not agree to these terms regarding User Generated Content, you must refrain from submitting any content to the Site.
12. PRIVACY
Brahmarsive is committed to protecting the privacy of its users. All information gathered from you in connection with your use of the Site is governed by Brahmarsive’s Privacy Policy. Please carefully review our Privacy Policy. By using the Site, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Site, Platform, your Account, and any other personal information provided by you in accordance with our Privacy Policy.
13. THIRD PARTY MATERIALS
You may be able to access or use third party websites, resources, content, or information (“Third Party Materials”) via the Site or via third party services making available the Platform. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials. Without limiting any provisions of these Terms, you acknowledge and agree that Brahmarsive: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; and (b) has no liability to you or any third party for any harms, claims, liabilities, damages, injuries or losse arising out of or in connection with your access to or use of to such Third Party Materials. Brahmarsive makes no representation or warranty of any kind, express or implied, with respect to Third Party Materials, and the linking to such Third-Party Materials shall not constitute any kind of endorsement of such materials. You should direct any concerns regarding any outside link to its site administrator.
14. NO WARRANTY
THE SITE CONTENT AND THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED, ORAL OR WRITTEN). BRAHMARSIVE DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ALL WARRANTIES AND CONDITIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BRAHMARSIVE MAKES NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT BRAHMARSIVE WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. BRAHMARSIVE FURTHER DISCLAIMS ANY LIABILITY AND MAKES NO WARRANTIES WITH RESPECT TO ANY ERRORS OR OMISSIONS ON THE SITE OR IN THE SITE CONTENT, LIABILITY UNDER LIBEL LAWS, INFRINGEMENT OF RIGHTS OF PUBLICITY AND PRIVACY, MORAL RIGHTS, AND/OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION, AND FURTHER DISCLAIMS ANY LIABILITY AND MAKES NO WARRANTY WITH RESPECT TO ANY CLAIMS AND/OR THREATENED CLAIMS (INCLUDING INTELLECTUAL PROPERTY RIGHTS CLAIMS AND/OR THREATENED CLAIMS) RELATING TO: LINKS BETWEEN THE SITE AND OTHER SITES AND/OR THE CONTENT ON SUCH LINKED SITES; AND/OR ANY AND ALL USES, REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS THAT EXCEED THE LICENSE GIVEN TO YOU BY WAY OF END USER LICENSE AGREEMENT (WHETHER PERMITTED BY LAW OR OTHERWISE).
15. INDEMNIFICATION
You shall defend, indemnify, and hold harmless Brahmarsive and its affiliates, licensors, and suppliers, and their respective employees, contractors, officers, and directors, from any and all claims, loss, damages, and demands, including reasonable attorneys’ fees, arising out of: (i) your use or misuse of the Site; (ii) your access to the Site; (iii) any activities conducted through your Account (whether by you or another person); (iv) your breach of these Terms; and (vi) your infringement or violation of any rights of another.
Brahmarsive reserves the right to take sole responsibility, at its own expense, for conducting the defense in and controlling any other cases for which you are normally obligated to guarantee it. If Brahmarsive does so, you will no longer have any obligation to provide a guarantee to Brahmarsive regarding the case in question.
16. LIMITATION OF LIABILITY
In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Brahmarsive be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction. All responsibility or liability for any damage caused by viruses contained within the electronic files of the Site is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our Site.
17. TRADEMARKS
This Site features logos, brand identities and other trademarks and service marks (collectively, the “Marks”) that are the property of or are licensed to Brahmarsive and its subsidiaries. Other product and company names mentioned on the Site may be trademarks of the respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this website without written permission of Brahmarsive or any such third party that may own a Mark displayed on the website.
18. COPYRIGHT
Unless otherwise noted, the graphic images, buttons, data, photos, Models, Experiences and text contained in this website are the exclusive property of Brahmarsive. These items should not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Brahmarsive. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right of Brahmarsive in such information and materials.
19. IP ADDRESS
We collect IP addresses (the Internet address of a computer) and analyze this data for trends and statistics about page viewing frequency and sequence to improve our Site and the services we offer. We may, in some circumstances, link your IP address to personally identifiable information about you, and, if necessary, an IP address, including yours, can and will be used to identify anyone responsible for threatening the integrity or security of the Site or our computer systems and information networks.
20. TERMINATION
A. Termination by You
You may terminate your Account at any time by providing written notice to Brahmarsive pursuant to the manner set forth
in the provision below. In no event will termination under this provision relieve you of your obligation to pay any fees owed
to Brahmarsive that accrued prior to the date you terminated your account.
B. Termination by Brahmarsive for Cause
Brahmarsive may at any time, under certain circumstances and without prior notice, immediately terminate your Account or access to all or specific portions of the Site. Cause for such termination shall include: (i) your failure to comply, or, the failure of your employees to comply, with any of the terms and provisions of this Agreement, or any other policies or guidelines that are referenced herein and/or posted on the Site; (ii) your failure to pay any fees owed by you; (iii) use of the Site in a manner that is fraudulent, illegal, or that disrupts others’ use of the Site, including, without limitation, if you cause unplanned or unexpected technical problems or security issues; (iv) a request and/or order from law enforcement, a judicial body, or other government agency; (v) where provision of the Site is or may become unlawful; or (vi) in response to any request by you to terminate your account. Any such termination shall be made by Brahmarsive, in its sole discretion, and you agree that Brahmarsive shall not be liable to you or to any third party for any damages that may result or arise out of such termination of your account.
C. Termination by Brahmarsive without Cause
Brahmarsive may also terminate your Account or access to all or specific portions of the Experience at any time by providing prior notice via email to you to the email address associated with your account if Brahmarsive decides to suspend or discontinue any of the Site to which you, or, if you are an Entity, your employees who are authorized users, have access. You agree that Brahmarsive shall not be liable to you or to any third party for any damages that may result or arise out of such termination of your account or the suspension or discontinuation of any of the Site.
D. Consequences of Termination
Upon termination of your account by you or by Brahmarsive, the license granted by Brahmarsive under these Terms and Conditions will terminate, and you will lose access to the applicable Site.
21. FEEDBACK
Brahmarsive welcomes any input from its Users with respect to the Site. The User hereby grants Brahmarsive a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) User communicates to Brahmarsive, without compensation, without any obligation to report on such use, and without any other restriction. Brahmarsive’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. Feedback refers to any suggestion or idea for modifying any of Brahmarsive’s products or services, including without limitation all intellectual property rights in any such suggestion or idea.
22. SEVERANCE
In the event of any one or more of the provisions contained in these terms becoming invalid, illegal or unenforceable in any respect under any law for the time being in force, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be prejudiced or affected thereto.
23. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, EULA, and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
24. GOVERNING LAW
This Agreement and performance hereunder shall be governed by the laws of the courts of New Jersey, USA without regard to conflicts of laws. You and Licensor hereby agree that the sole jurisdiction and venue for any litigation arising from or relating to this Licensing Agreement shall be New Jersey, United States. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New Jersey before one arbitrator. The arbitration shall be administered by arbitrator appointed by the court. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The award shall be binding on all the parties to such dispute.
25. CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your sole responsibility to check our website periodically for changes. Your continued usage of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
26. ASSIGNMENT
No provision of these Terms shall be deemed to confer any third-party rights or benefits. You may not assign or sublicense these Terms and Conditions, or any license, rights, or benefits granted under these Terms and Conditions. Brahmarsive may assign or transfer our rights and obligations under these Terms, in whole or in part, to a third party, at any time and without prior notice to you.
27. CONTACT US
If you have questions regarding the Site or the meaning or application of these Terms, please use the “Contact Us” form to contact us. You can also contact Brahmarsive at the following address or phone number:
BRAHMARSIVE INC.,
9 E Laurel Rd, Suite B,
Stratford, New Jersey 08084
Please note that electronic communications will not necessarily be secure. Therefore, you should not include credit card information or other sensitive information in any electronic correspondence with Brahmarsive, except through online payment gateway services for making payment due to Brahmarsive.
Last Updated on May 1st, 2024