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XRSPACE Terms of Use

Effective Date: 2020/05/07  

Welcome to XRSPACE where our mission is to bring people together! We build this virtual world that enables people to see and connect with people all around the world in an innovative way. To fully enjoy the world and our Services, please read carefully the following terms and conditions (the “Terms”) which govern the legal relationship between you and XRSPACE, a Taiwan corporation having registered address at 18F., No. 1351, Zhongzheng Rd., Taoyuan Dist., Taoyuan City 330, Taiwan (R.O.C.) and our affiliates (collectively, “XRSPACE”, “we”, “our” or “us”) . Our services include the following products and the sub-services provided thereunder (collectively, the “Services”):

XRSPACE App: an application, designed for mobile phones, is used to create your account, profile, or change your game setting (the “App”)

XRSPACE MANOVA: a massively multiplayer online virtual reality platform which allows users to engage in social activities or have access to digital contents (the “Platform”)

XRSPACE official website: any website we own or operate (the “Sites”)

By registering an account or using any part of our Services, you agree to be bound by the Terms. If you do not agree to the Terms, you may not register an account or otherwise access or use any part of the Services. We may modify the Terms from time to time, and if we do, we will notify you by posting the modified Terms on the Sites or by email or system notification, such as a popup, in the App or on the Platform. If you continue to use the Services, you will be deemed to agree to and shall be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.

  1. Age Requirements

    While some of our Services are designed with families and users of all ages in mind, others are intended to be used mainly by adults. If you are considered a minor in your country, you must have your parent or legal guardian's permission to use our Services and to accept the Terms. However, children under 13 years old are not allowed to use our Services and you must comply with any additional age restrictions that might apply for the use of any specific Service or Content on the Platform.

  2. Availability of Services and Contents

    Through the Services, you can access to digital contents including apps, games, a web browser, webpages, software, scripts, music, movies, videos, audios, audiovisual combination, voices, sounds, graphics, images, photos, pictures, texts, books, magazines, communications, interactive features, functions, works of authorship of any kind, in-app purchases or services, and other materials that are generated, provided, or otherwise made available through the Services (collectively, “Content”). Each Service or Content might have its specific terms and conditions or user guideline or instruction, which will supplement and form part of the Terms hereof unless otherwise stated herein or a third-party policy or agreement applies. Please read them carefully before accessing any Service or Content. We do not guarantee your accessibility to any Service or Content at any time, please email your requests to us via support@xrspace.io. The availability of Services and Content will vary between countries and not all Services or Content may be available in your country or current location where you are at.

    You need to register a user account before using our Services and accessing Content. We invite you to finish the registration process on our App and by creating the user account, a) you certify the information you provided for registration is true, correct and accurate, b) you will not use IP proxying or other methods to disguise the place of residence, and c) you have not previously had your right to use the Services suspended or terminated. Your user account is valuable, and you are responsible for maintaining its confidentiality and security. We are not responsible for any losses arising from the unauthorized use of your user account. Please contact us by email if you suspect that your user account has been compromised. You may not sell, transfer or assign your account (including any benefit or interest associated with it) or any associated contractual rights, licenses or obligations, to any third party without the prior written consent of us.

    To use our Services, you need a device that meets certain system and compatibility requirements, including compatible hardware and software (latest version recommended and sometimes required). Some of the Content might have additional system or transmission requirements, or require the support of accessories such as dual controllers or lower body tracker. We do not support rooted or jailbroken devices. If you use our Services with such devices and result in damages to yourself, us or others, you should take full responsibilities of such damages. The quality of the display of the Service or Content may vary and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. If you use our Services on a non-XRSPACE-branded head mounted display, you may not be able to access all or part of the Services or Content. Terms relating to unavailable Services or Content are not applicable to you.

  3. Third Party Content

    Our Services display some Content that is not provided by us (such third party, the “Third Party Provider” or “Third Party Providers”). We act as an agent for the Third Party Providers and is not a party to the licensing or any user agreement for such third party Content between you and the Third Party Provider. You need to comply with any agreement set out to you when you decide to acquire any of the third party Content. In the event that those agreements conflict with the provisions of the Terms, the Terms will govern only with respect to the rights and obligations regarding third party Content between you and us. Third Party Providers are solely responsible for such third party Content, including its’ upgrades and maintenance (if any) irrespective of any promotion or recommendation made to you through our Services. In no event shall we be considered the licensor of the third party Content, to have granted any rights to use the third party Content, to have assumed any obligations with respect to the third party Content or to have made any representations or warranties with respect to the third party Content. We do not guarantee your accessibility to any third party Content at any time. We may review third party Content to determine whether it complies with our internal submission guidelines or violates any of our policies or is illegal, and we may remove or refuse to display third party Content if we, at our sole discretion, deem such Content inappropriate or violate any policies or applicable law. But that does not necessarily mean that we review, examine or endorse any third party Content, so please don’t assume that we do.

  4. Limited License to Use our Services

    All Content or Services are licensed, not sold, to you. You acknowledge that the Services and Content are protected by copyright, trademark, and other applicable laws. Subject to your acknowledgement and compliance with the Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable right to download, view, display, and use the Services and the Content solely for your personal and non-commercial purpose and may not be shared with individuals beyond your household. Except for the foregoing, no right, title or interest shall be transferred to you. We reserve all rights in and to the Services and Content not expressly granted to you under the Terms. If you use, or we suspect that you use, our Services or Content for commercial purposes without our explicit consent, we reserve the rights to charge you for such misuse, limit your use of any part of the Services or Content, suspend or terminate your user account at our sole discretion.

    You agree that you will use our Services consistent with our Ethical guidelines or/and any other user code of conduct instructions (collectively “User Rules”) and are solely responsible for your own conduct and the Content either created, provided or uploaded by you (the “User Content”) while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless expressly permitted in the Terms or under applicable law, you may not:

    • (a)

      extract, scrape, index, copy, modify, or create derivative works based on the Services or Content;

    • (b)

      distribute, transfer, sublicense, lease, lend, sell, offer for sell, or rent the Services or Content or any portion thereof (including your user account) to any third party or make the Services or Content available to multiple users through any means not permitted by us;

    • (c)

      use the Service and Content for public performances;

    • (d)

      attempt to decipher, decompile, disassemble, or reverse engineer any parts of the Services or Content or the software used to support such Services or Content;

    • (e)

      remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content;

    • (f)

      collect, store or share any personally identifiable information of other users from the Services without their express permission unless it is for legitimate interest (for example, to report an abuse of the Services or an unethical conduct);

    • (g)

      attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by us or our approved third party (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);

    • (h)

      bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by us or other third parties (including another user) to protect the Services or Content;

    • (i)

      use, display, mirror, or frame the Services or Content or any individual element within the Services, our name, trademarks, logos, or other proprietary information, or the layout and design of any part or the Services or Content without our express written consent;

    • (j)

      post, publish, submit or transmit any User Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, private or confidential information belonging to others, or rights of publicity or privacy;

    • (k)

      post objectionable, offensive, unlawful, deceptive or harmful content or content related to terrorist, hate speech, incitement to violence or crimes;

    • (l)

      access, tamper with, or use nonpublic areas of the Services, our computer systems, or the technical delivery systems of our providers;

    • (m)

      attempt to probe, scan, or test the vulnerability of our system or network or Service, or breach any security or authentication measures;

    • (n)

      use any meta tags or other hidden text or metadata utilizing our trademark, logo, URL, or product name without our express written consent;

    • (o)

      interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;

    • (p)

      post or transmit spam, including but not limited to unsolicited or unauthorized advertising, including political advertising, promotional materials, or informational announcements;

    • (q)

      delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;

    • (r)

      violate any applicable law or regulation;

    • (s)

      encourage or enable any other individual to do any of the foregoing; or

    • (t)

      use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by the Terms.

    We may temporarily or permanently restrict your access to Services or Content or revoke all or any part of your license above if we deem you violate the Ethical guidelines or any of the Terms hereof.

  5. Your rights with User Content

    We do not claim ownership rights in any Content not provided by us, including your User Content, and nothing in the Terms takes away the rights that you may have to your User Content. However, if we reasonably believe that any User Content is in breach of the Terms or may cause harm to us, our users, or third parties, we may remove or take down that User Content at our sole discretion.

  6. Grant of License to Us

    When you share, post, or upload User Content or otherwise make any User Content available through the Services (for example, generate your Avatar or upload photo for private space decoration), you grant to us (and those we work with to provide Services to you) a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to host, use, copy, modify, run, translate, create derivative works based upon, publicly display or perform, market, promote, distribute and share your User Content in connection with operating and providing the Services and Content to you and to others users in whatever means and methods where we deem appropriate (consistent with your privacy settings). For example, once you successfully generate your avatar and upload it through our Services, your avatar is the User Content. Your license above allows us to let other users see your avatar on the Platform or view the image of your avatar on your profile. If you don’t allow us to do so, you would not be able to use our Services. For the avoidance of doubt, the User Content referred to in this section includes all the data or information you upload or collected through the devices you use to connect to our Services.

    You represent and warrant that you have the ownership of all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under the Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against us or any third party designated by us.

    You may delete part of your User Content through individual setting or all at once by deleting your user account.

    When you delete your User Content, it’s no longer visible to other users, however it may continue to exist elsewhere on our Services where:

    • (a)

      immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);

    • (b)

      the User Content involve the Content of other users, or is generated together with other users and they have not deleted it (in which case the license hereof will continue to apply until all related Content is deleted); or

    • (c)

      where immediate deletion would restrict our ability to:

      • i.

        investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);

      • ii.

        comply with a legal obligation, such as the preservation of evidence; or

      • iii.

        comply with a request of a judicial or administrative authority, law enforcement or a government agency.

    In each case, the User Content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). In each of the above cases, this license will continue until the User Content has been fully deleted.

  7. Virtual Items

    XRSPACE MANOVA aims to give you more real-life experience. A range of virtual items are licensed to you for free or subject to specific performance of you, such as redeeming. Virtual items range from gifts, furniture, clothes or accessories, pets, virtual coins, photograph frames etc. You understand that such virtual items are part of Content and may only be used within our Services. You acknowledge that:

    • (a)

      the availability, amount to distribute, types, usage of virtual items, or the users to receive virtual items, are at our sole discretion;

    • (b)

      we have the right to offer, modify, eliminate, and/or terminate virtual items, or any portion thereof, at any time, without notice or liability to you;

    • (c)

      you do not acquire any ownership rights in or to the virtual items; and

    • (d)

      you will only obtain virtual items from us and through means provided by us, and not from any third party unless expressly authorized.

    Once you acquire a license to virtual items, you may not transfer them to another individual or account without our explicit consent. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of the Terms and may result in cancellation of such virtual items or the termination of your user account.

  8. Maintenance and Update

    We may provide updates, patches and other modifications to the Services and we are responsible for providing maintenance and support for Services and Content provided by us only, or as required under applicable law. Third Party Providers are responsible for providing maintenance and support for third party Content. You will need to update the Service or Content to acquire the updated, enhanced or fixed features (collectively, the “Updates”), if any. You agree to receive the notification of Updates automatically and if it is determined, however, that the Update will fix a critical security vulnerability related to the Services or Content, the Updates may be completed irrespective of your update settings on your devices.

  9. Payment

    Part of our Services and the Content are available for a charge. It is necessary to set up a payment method if you want to use any of them. Payment information (e.g. your name, credit card number) will be requested from you to confirm your use of each payment method. The payment information requested varies depending on each method. We may add or remove payment methods available to you at our sole discretion and you may also add or delete any payment method through our App whenever you prefer. You are solely responsible for all amounts payable associated with your use of Service or Content.

    We will charge your selected payment method (or the payment method you prioritize on the App) for any paid Service or Content, including any applicable taxes. It is optional for you to set up a password for making payment through our App. If we cannot charge your selected payment method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and we will attempt to charge the payment method again as you may update your payment method information. We reserve all rights to accept or reject your order of any Services or Content, including where pricing or other material errors occur. You will receive our confirmation once we have confirmed that we or Third Party Providers may provide you with the Services or Content. Each order is an electronic contract between you and XRSPACE, and/or you and the Third Party Provider. All orders are final. Services and Content prices and their availability may change at any time. If technical problems prevent or unreasonably delay delivery of any Service or Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by us. If you pre-order Content, you will be charged when the Services or Content is delivered to you (if the cancellation is accepted, you may cancel the order prior to such delivery).

  10. Reference Only

    We may display age, comfort, feedback, ratings or any reference for a specific Service or Content which reference may be provided based on third party information or our own resources. We do not guarantee the accuracy of any reference and all recommendations we make are for reference only. You should decide based on your own judgement before acquiring any Services or Content.

  11. Multiple Account

    Currently we do not have any restriction on the number of devices to which your user account may link; however, we reserve the rights to do so by a public announcement to prevent any abuse of Service or Content. On the contrary, your device can only link to one user account. We may allow multi-users to use our Service via the same device in the future by a public announcement. If so, we will set the limit for the maximum number of such users; the owner of the device may also decide the numbers of user within such limit. By owner of the device we mean the first user who connect such device with their user account. The owner of the device is allowed to view the usage of each user who connects their user account with the device after the first connection, or to remove each account’s connection with the device. Please note that part of your user data (photos, videos, app data, system settings) is stored on the device and therefore a deletion might result in data loss and log out of your account. Please consider the risk of losing our user data when you use and share the same device with others or when the owner opts to remove any of user account’s connection.

  12. Parental Control

    We may introduce different parental control functions for users by system update or public announcement. If such function on our App is introduced, the user may let their children or the minor they have guardianship with to use their user accounts. Once the parental control is turned on, every Content beyond the age setting on users’ App would require a Password to access.

  13. Account Integration

    Subject to different Services and Content, you may choose to integrate your user account with third party accounts (like google or Facebook). We may obtain information from such third party if you choose to integrate with them. The information might include, depending on the data you have provided to such third parties and the original contracts you entered into with them, your age, your subscription type, the country associated with your account. That information helps us to determine which Content you may or are allowed to access. Your integration might also give us some authorities to act on your behalf, which authorities will be clearly informed to you at the time of integration.

  14. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND”. WE, FOR THE SECTION HEREOF INCLUDING THIRD PARTY PROVIDERS OR ANY LICENSOR HEREOF, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND CONTENT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SERVICES AND CONTENT. YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND CONTENT. YOU UNDERSTAND THAT WE DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES AND CONTENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES AND CONTENT. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND CONTENT AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND CONTENT, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

  15. LIMITATION OF LIABILITY

    TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    To the extent permitted under applicable law, in no event will our total liability arising out of or in connection with the terms, an event, or from the use of or inability to use the Services or Content exceed one thousand dollars ($1000). the exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between you and us.

  16. Privacy

    We value your privacy. You have control over the data you provided to us. Please refer to our Privacy Policy to help you understand what information we collect, how we use it and what choices you have when you use our Services or Content. You acknowledge and agree that we may preserve any transmittal or communication by you and XRSPACE through the Services, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce the Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of XRSPACE, its employees, users of the Services, and the public.

  17. Collection of Data

    You agree that we may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of Updates, product support, and other services to you (if any) related to the Services and Content. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide Services or Content or technologies to you.

  18. Violation of the Terms

    If you fail, or we suspect that you have failed, to comply with any of the provisions of the Terms, we may, without refund or any notice to you, preclude or terminate your access to our Services, the Content and/or your user account and your rights under the Terms. We will notify you of the reason for our action unless we reasonably believe that to do so would cause us or another person legal liability, would compromise an investigation, would compromise the operation of any Services or systems, would cause harm to our users or would be in breach of the law or the direction of a legal enforcement authority.

    You also agree that any violation by you of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

    If we do take any legal action against you as a result of your violation of the Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Service or user account as a result of any violation of the Terms.

  19. Entire Agreement

    The Terms and any other guidelines, rules, policies, or agreements referred by the Terms constitute the entire and exclusive understanding and agreement between XRSPACE and you regarding the Services and Content, and the Terms supersede and replace any and all prior oral or written understandings or agreements between XRSPACE and you regarding the Services and Content.

  20. Severability

    If any provision of the Terms is found or held to be unenforceable or invalid by any legally governing authority having jurisdiction over either party, the provision shall be severed, and the remainder of the Terms shall be valid and enforceable.

  21. Assignment

    You may not assign or transfer the Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer the Terms, without such consent, will be null. We may freely assign or transfer the Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  22. Force Majeure

    Neither us, any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, global infectious disease, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.

  23. Notice

    If you have any questions related to the Terms, please contact support@xrspace.io and leave your username account.

  24. Copyright Complaints

    We may remove, take down or disable access to the Content or services made through our Services if we receive a notification of claimed infringement of such Content or services. If you believe that anything on or available through the Services or Content infringes upon any copyright which you own or control, you may file a notification to our designated agent detailing the situation and any evidence of infringement (the requirements of a proper notification, please see Section 512(c)(3) of Title 17 USC (available at http://www.copyright.gov/title17/92chap5.html#512). Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should be sent by the copyright owner or an agent authorized to act on the owner’s behalf. You hereby acknowledge that we may collect any necessary information from you to confirm your complaints and if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and legal fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

    Designated Agent
    Name
    Address:
    phone number:
    Email address

  25. Waiver

    Our failure to enforce any right or provision of the Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies under the Terms or otherwise.

  26. CLASS ACTION WAIVER

    WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, WHERE PERMITTED UNDER THE APPLICABLE LAW, UNLESS BOTH YOU AND XRSPACE AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES' ACCEPTANCE OF THIS AGREEMENT.

  27. NO JURY TRIAL

    YOU AND XRSPACE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT ANY OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THE TERMS AND ANY DOCUMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES' ACCEPTANCE OF THIS AGREEMENT.

  28. Governing Law; Dispute Resolution

    If you have any issues related to the usage of the Services and Content, please refer to the help center. If we cannot resolve a dispute within ninety (90) days (or a shorter period if the local law otherwise prescribes) after we successfully receive your report of issues, then either you or we may elect to submit the dispute to the court according to the rules as hereinafter described.

    Except to the extent expressly provided in the following paragraph, the Terms and the relationship between you and XRSPACE shall be governed by the laws of Taiwan (R.O.C.), excluding its conflicts of law provisions. You and XRSPACE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Taipei, Taiwan, to resolve any dispute or claim arising from the Terms.

    If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

    Specifically excluded from application to the Terms is that law known as the United Nations Convention on the International Sale of Goods.

  29. Miscellaneous

    Words used herein in the singular, where the context so permits, shall be deemed to include the plural and vice versa.

  30. Other Terms and Policies That May Apply to You:

    • • Quick Start Guide
    • • Hardware Limited Warranty
    • • Health and Safety Warnings
    • • Privacy Policy
    • • Ethical Guideline
    • • Cookie Policy
    • • Product Recycling Policy