PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS SITE
WHAT’S IN THESE TERMS?
These terms tell you the rules for using https://www.vicinityvr.com (our site).
WHO WE ARE AND HOW TO CONTACT US:
https://www.vicinityvr.com is a site operated by Vicinity Virtual Reality Limited ("We"). We are a limited company registered in England and Wales under company number 11215788, and have our registered office at 11 Hangmans Lane, Welwyn, Herts, AL6OTJ.
To contact us, please use the "Contact Us" page at the top of the website.
BY USING OUR SITE YOU ACCEPT THESE TERMS:
If you do not agree to these terms, you must not use our site.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU:
Sharetribe Terms and Conditions [https://www.sharetribe.com/termsofuse.html].
WE MAY MAKE CHANGES TO THESE TERMS:
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR SITE:
We may update and change our site from time to time to reflect changes to our users’ needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR SITE:
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE:
HOW YOU MAY USE MATERIAL ON OUR SITE:
INFORMATION ON THIS SITE:
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO:
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US:
This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us at:
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We will not be held legally accountable in the event of any loss or damage (accidental or otherwise) to property belonging to Hosts, Guests or any third parties, or in the event that a Host, Guest or third party is injured, or harmed in any way either directly or indirectly as a result of any activities arranged through this site.
We will not be held legally accountable in the event of a breach of any licensing conditions in relations to any equipment, games or software used by Hosts during the course of activities arranged through this site. It is the responsibility of Hosts to ensure that any licences or commercial licences which may required to permit use of games, software or equipment for activities of the type provided by Hosts have been obtained.
We do not provide any guarantee of the level of service offered to Guests or accept any liability for cancellation by a Host.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of this site, your publishing or booking of any listing via the site, your participation in any Virtual Reality Demonstrations/Experiences or any other interaction you have with other users whether in person or online remains with you. Neither Vicinity Virtual Reality Limited nor any other party involved in creating, producing, or delivering the site or our affiliates or their licensors, service providers or directors be liable will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the site, (iii) from any communications, interactions or meetings with other users or other persons with whom you communicate, interact or meet with as a result of your use of the site or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s VR Demonstrations/Experience, (vi) arising out of or in connection with your use, or inability to use, the site, any website linked to it, any content on the site or such other websites or any services obtained through the site or such other websites whether based on warranty, contract, tort (including negligence), product liability breach of contract or otherwise, or any other legal theory even if foreseeable.
Disclaimer of Warranties:
Your use of the site, its content and any services obtained through the website is at your own risk. The site, its content and any services obtained through the website are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. Neither we nor any person associated with Vicinity Virtual Reality Limited makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
You agree that you have had whatever opportunity you deem necessary to investigate the laws, rules, or regulations that may be applicable to your listings as Host and/or any Virtual Reality Demonstrations/Experiences you are receiving and that you are not relying upon any statement of law or fact made by Vicinity Virtual Reality Limited relating to a listing.
If we choose to conduct identity verification or background checks on any Hosts or Guests, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by them or guarantee that they will not engage in misconduct in the future.
You agree that some Virtual Reality Demonstrations/Experiences may carry inherent risk, and by participating in those, you choose to assume those risks voluntarily. For example, some may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Virtual Reality Demonstrations/Experiences. You assume full responsibility for the choices you make before, during and after your participation in a Virtual Reality Demonstration/Experience. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You agree to release, defend (at our option), indemnify, and hold Vicinity Virtual Reality Limited and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the site or any of our services, (iii) your interaction with any user, participation in any Virtual Reality Demonstration/Experience, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your breach of any laws, regulations or third party rights.
TERMS FOR HOSTS:
When creating a listing through our site you must (i) provide complete and accurate information about the Virtual Reality Demonstration/Experience you will provide (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for a Virtual Reality Demonstration/Experience) and (iii) provide any other pertinent information requested. You are responsible for keeping your listing information (including calendar availability) up-to-date at all times.
You are solely responsible for setting a price (including any Taxes if applicable) for your listing (“Listing Fee”). Once a Guest requests a booking via your listing, you may not request that the Guest pays a higher price than is specified by the listing.
Any terms and conditions included in your listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your listing.
Pictures, animations or videos (collectively, "Images") used in your listings must accurately reflect the quality and condition of your Virtual Reality Demonstration/Experience.
The placement and ranking of listings in search results on our site may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of images, customer service and cancellation history, reviews and ratings, type of Virtual Reality Demonstration/Experience, and/or ease of booking.
When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Virtual Reality Demonstration/Experience to the Guest as described in your listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes, which will be collected pursuant to the Payment Terms.
You should fully educate and inform Guests about (i) any risks inherent to the Virtual Reality Demonstration/Experience, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Virtual Reality Demonstration/Experience (including dress, equipment, special certifications or licenses, etc.) Both Guests and Hosts should familiarise themselves with the health and safety guidelines for VR Demonstrations [https://vicinityvr.com/en/infos/about].
The use of alcohol or other illegal substances before or during Virtual Reality Experiences is not permitted and Hosts will be entitled to terminate the Virtual Reality Demonstration/Experience at any time during or prior to a session if they reasonably believe that a Guest is not in a fit state to safely participate, or there is a danger of damage or injury.
We recommend that Hosts obtain appropriate insurance for their Virtual Reality Demonstration/Experience. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while participating in your Virtual Reality Demonstration/Experience.
You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Virtual Reality Demonstration/Experience, and (ii) will obtain any required licenses, permits, or registrations which may be required from time to time prior to providing your Virtual Reality Demonstration/Experience.
As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes.
For safety reasons Hosts and Guests are encouraged to interact only through our messaging system. Hosts may not direct Guests to any website outside of this site in order to complete or make any booking.
TERMS FOR GUESTS:
Subject to meeting any requirements set by the Host, you can book a listing available on our site by following the respective booking process. All applicable fees, including the Listing Fee, Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a listing. You agree to pay the Total Fees for any booking requested in connection with your Vicinity Virtual Reality Account.
Upon receipt of a booking confirmation from us, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including any rules and restrictions specified in the listing. We will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payment Terms.
If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host.
You should carefully review the description of any Virtual Reality Experience/Demonstration you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their listing. You are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Virtual Reality Experience/Demonstration. In addition, certain laws, like the minimum legal drinking age in the may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in any Virtual Reality Experience/Demonstration.
Before and during a Virtual Reality Experience/Demonstration you must at all times adhere to the Host’s instructions.
The number of additional guests accompanying the individual responsible for the booking may not exceed the maximum guest number as specified by the Host’s listing.
You understand that a confirmed booking of a Virtual Reality Experience/Demonstration is a limited license granted to you by the Host to enter, occupy and use their premises for the duration of the Virtual Reality Experience/Demonstration you have booked, during which time the Host retains the right to be present. You agree to leave the premises no later than the expiry time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host.
As a Guest, you are responsible for leaving the Host’s premises (including any personal or other property located there) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any additional guests invited by you.
Vicinity Virtual Reality Ltd. does not provide protection for users who interact outside of the Vicinity Virtual Reality platform, or that are actively violating this agreement. For safety reasons Hosts and Guests should interact only through our site messaging system. Hosts may not direct Guests or additional guests to any website outside of this site in order to complete or make any booking.
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of this site. In connection with your use of this site you will not and will not assist or enable others to:
Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms.
Use our for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us.
Use the site in connection with the distribution of unsolicited commercial messages ("spam").
Offer, as a Host, use of any premises that you do not yourself own or have permission to make available through our site.
Contact another user for any purpose other than asking a question related to a your own booking or listing, including, but not limited to, recruiting or otherwise soliciting any user to join third-party services, applications or websites, without our prior written approval.
Use the site to request, make or accept a booking independent of the site or to circumvent any sums payable.
Request, accept or make any payment for Listing Fees outside of the site. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Vicinity Virtual Reality Ltd. harmless from any liability for such payment.
Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour.
You acknowledge that we have no obligation to monitor the access to or use of the site by any user or to review, disable access to, or edit any user content, but has the right to do so to (i) operate, secure and improve the site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to user content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms.
If you feel that any Guest or Host you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You are solely responsible for all content that you make available on or through our site Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all content that you make available on or through the site or you have all rights, licenses, consents and releases that are necessary to grant to Vicinity Virtual Reality Ltd. the rights in and to such content, as contemplated under these Terms; and (ii) neither the content nor your posting, uploading, publication, submission or transmittal of the same or our use of the content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates our Acceptable Use Policy. We may, without prior notice, remove or disable access to any content that we find to be in violation of these Terms or otherwise may be harmful or objectionable to us. We respect copyright law and expect our users to do the same.
Rude, or abusive behaviour, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
Any breach of the terms of this agreement or report of unacceptable behaviour on the part of either Guests or Hosts may result in the suspension/removal of your account
If you come across any violations of this agreement, you should report it to us through the “Contact Us” facilities. To protect individual privacy, the results of the investigation are not shared.
Vicinity Virtual Reality Ltd. may terminate your access to the website, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
UPLOADING CONTENT TO OUR SITE:
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM:
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
RULES ABOUT LINKING TO OUR SITE:
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website without our permission. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?