Last updated: 04/05/2016
THE Viveport STORE.
The Store is an online marketplace that HTC has created and operates which allows end users to access, purchase and use content, digital materials, applications, software, services, platforms, and websites (“Products”).
ESTABLISHING AN HTC ACCOUNT.
To access and use certain features of the Store, You will be required to establish an HTC Account. When You register for an HTC Account, You must provide HTC with current, complete, and accurate information. You must keep Your HTC Account log-in credentials confidential and not authorize any third party to use it or Your HTC Account. You agree that HTC may attribute all use of Your HTC Account to You and that You are responsible for all activities that occur under Your HTC Account, including any purchases made using Your HTC Account. You must notify HTC immediately if You suspect unauthorized use of Your HTC Account credentials at the following e-mail address: firstname.lastname@example.org.
To access and use Products from the Store, You will need a computer that meets the system and compatibility requirements for the relevant Products, working internet access, a compatible virtual reality headset, and compatible software. These system requirements may change from time to time. Your ability to access and use Products from the Store, as well as the performance of these Products may be affected by these factors. These system requirements and the associated costs are Your responsibility.
PURCHASING PRODUCTS OR PAID POINTS
- HTC may use a third-party payment processor to process sales through the Store and/or allow an authorized reseller to manage and control the sales and purchase experience in the Store (collectively “Third-Party Payment Provider”).
- If You purchase any Products or Paid Points (defined below) through the Store You authorize HTC or its Third-Party Payment Provider to facilitate the purchase of those Products or Paid Points, to use the payment method, and, where applicable, to store the payment related information You provide. You may be billed for any purchased Products or Paid Points: (i) in advance, (ii) at the time of purchase or sign up; (iii) shortly after purchase or sign-up; or (iv) on a recurring basis for subscriptions, as indicated in the Store at the time You purchase the subscription (see Section 5(f) below for cancellation terms). In the event the payment method You designate cannot be verified, is invalid, or is not otherwise acceptable, HTC or its Third-Party Payment Provider may suspend or cancel Your order.
- Any purchase from the Store will be subject to and in accordance with the terms of sale presented to You at the time of the purchase. Please read those terms of sale carefully before making any purchase. If those terms of sale are between You and HTC’s Third-Party Payment Provider, then You agree that HTC will be a third-party beneficiary to those terms of sale and is entitled to the rights and benefits thereunder and may enforce the provisions thereof as if HTC is a party thereto. You are solely responsible for all amounts payable associated with purchases made using Your HTC Account.
- Prices in the Store are subject to change without notice. HTC reserves the right to refuse or cancel orders at any time and in its sole discretion.
- HTC may allow You to access or use Products free of charge. Any terms and conditions that apply to purchased Products will apply to free Products (except payment-related terms and conditions). HTC may impose limitations on Your access and use of free Products. If You order Products that offer a free trial period identified at the time of purchase, You must cancel the Product by the end of the trial period to avoid incurring charges. If You do not cancel that Product, You authorize HTC or its Third-Party Payment Provider to charge You for that Product. Promotional and trial period offers are only redeemable and available during the periods specified.
- If You purchase a subscription-based Product, that subscription will be provided to You (and You agree to pay for that subscription) until You terminate it through the Store’s designated cancel subscription process or until the Product is no longer offered by HTC or the applicable licensor. If the price of Your subscription controlled by HTC increases, HTC will provide You with at least fifteen (15) days prior notice of the increase. If You do not agree to pay the increased price, You must immediately cancel Your subscription through the Store’s designated cancel subscription process. In some cases, HTC or the applicable licensor may cancel Your subscription unless You agree to re-subscribe at the new price.
- Except as expressly set forth in HTC’s (or its Third-Party Payment Provider’s) refund policy, all purchases on the Store are final and no returns, replacements, or refunds are permitted nor shall purchases be transferrable or redeemable in whole or in part. If certain Products become unavailable following a transaction but prior to download, Your sole remedy is a refund. If technical problems relating to the Store or any Products prevent or unreasonably delay the delivery of Your purchased Products, Your sole remedy is either replacement or refund of the price paid, as determined by HTC or its Third-Party Payment Provider.
- If Your use of Products are subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then HTC or its Third-Party Payment Provider may charge You for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to Your purchase or use of Products.
- Within any twenty-four (24) hour period, the total amount stored in Your Store account plus the total amount spent out of Your Store account, in the aggregate, may not exceed US$2,000 or its equivalent in Your local currency. HTC reserves the right to change, modify, or otherwise impose minimum and maximum balance requirements and other usage limits to Your Store account at any time, in its sole discretion.
- HTC or its Third-Party Payment Provider may use a third party to collect past due amounts. You must pay for all reasonable costs incurred to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. HTC may also suspend or cancel Your subscription or order and Your access to the Store or any Products if You fail to pay in full on time. If You cancel Your HTC Account, HTC or its Third-Party Payment Provider, reserves the right to collect any fees, surcharges, or costs incurred before cancellation.
- HTC strives to be as accurate as possible and to eliminate errors on the Store. However, HTC does not represent or warrant that any Product descriptions or pricing information are accurate, complete, reliable, current, or error-free. In the event of an error, HTC or its third party payment processor reserves the right to correct such error and revise Your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
PAID POINTS, REWARD POINTS, AND VIRTUAL ITEMS
- Through its Third-Party Payment Provider, HTC may offer You the ability to (i) purchase a limited license to use content currency that you may redeem in the Store or within a Product (“Paid Points”), (ii) earn content currency by using the Store or a Product or participating in certain games and activities (“Reward Points”), and (iii) use Paid Points and Reward Points to (A) purchase through the Store a limited license to use Products, or (B) purchase through a Product a limited license to use virtual in-game materials (“Virtual Items”). You may purchase Virtual Items only with Paid Points or, if applicable, Reward Points.
- If HTC offers the ability to purchase or earn such licenses to Paid Points, Reward Points, or Virtual Items, HTC or its Third-Party Payment Provider, as applicable, hereby grants You a non-exclusive, non-transferable, revocable, limited license to use the Paid Points, Reward Points, or Virtual Items for Your personal, non-commercial use exclusively in the Store and in Products, subject to the terms of this Agreement and Your compliance with these terms. The licenses granted hereunder to Paid Points, Reward Points, and Virtual Items will terminate upon termination of this Agreement and as otherwise provided herein.
- Paid Points and Reward Points may only be redeemed in the Store for Products, or redeemed in a Product for Virtual Items. Neither Paid Points or Reward Points nor Virtual Items are redeemable for money or monetary value from HTC or any other person or entity, except as otherwise required by applicable law. While You may “earn”, “buy” or “purchase” Paid Points, Reward Points, or Virtual Items, You do not legally “own” the Paid Points, Reward Points, or Virtual Items and the amounts of any Paid Points, Reward Points, or Virtual Items do not refer to any credit balance of real currency or its equivalent. Any currency balance shown in Your account does not constitute a balance of real currency or reflect any stored value but instead constitutes a measurement of the extent of Your limited license. Neither HTC nor any other person or entity has any obligation to exchange Paid Points, Reward Points, or Virtual Items for anything of value, including, but not limited to, real currency. HTC may engage in actions that may impact the perceived value or purchase price, if applicable, of Paid Points, Reward Points, or Virtual Items at any time, except as prohibited by applicable law.
- All purchases of Paid Points are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise provided in HTC or its Third-Party Payment Provider’s refund policy or required by applicable law. If You reside in the European Union, You acknowledge that once You purchase any Paid Points You will no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where You are located) once the Paid Points are made available to You.
- HTC, in its sole discretion, may impose limits on the amount of Paid Points or Reward Points that may be purchased, earned, or redeemed. Except as otherwise prohibited by applicable law, HTC, in its sole discretion, has the absolute right to manage, modify, suspend, and/or eliminate Paid Points, Reward Points, and/or Virtual Items without notice or liability to You. HTC reserves the right to (i) modify or eliminate any or all of the Reward Points at any time at HTC’s sole discretion, and (ii) revise the pricing for Virtual Items.
- You are not allowed to transfer Paid Points, Reward Points, or Virtual Items, for example, by selling, gifting, or trading them nor are You allowed to sublicense, trade, sell or attempt to sell Paid Points, Reward Points, or Virtual Items for money, or exchange Paid Points, Reward Points, or Virtual Items for value of any kind outside of the Store or any Products. Any such transfer or attempted transfer is prohibited and void. Except as otherwise prohibited by applicable law, HTC and its licensors and retain all right, title, and interest in and to the Paid Points, Reward Points, and Virtual Items.
- YOU ACKNOWLEDGE THAT, EXCEPT AS SET FORTH IN HTC OR ITS THIRD-PARTY PAYMENT PROVIDER'S REFUND POLICY, NEITHER HTC NOR ITS LICENSORS ARE REQUIRED TO PROVIDE A REFUND OF PAID POINTS, REWARD POINTS, OR VIRTUAL ITEMS FOR ANY REASON. YOU FURTHER ACKNOWLEDGE THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PAID POINTS, REWARD POINTS, OR VIRTUAL ITEMS WHEN YOUR STORE ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU PAID FOR SUCH PAID POINTS OR VIRTUAL ITEMS.
ACCESS TO PRODUCTS.
Products are made available subject to HTC’s sole discretion. Selection or availability of any Products may be limited based on region. You may download and store purchased Products on up to five (5) personal computers or other compatible electronic devices at a time. HTC may from time to time place additional limits or other requirements on the number of devices and/or software applications You may use to access Products. HTC may record and store the unique device identifier numbers of Your personal computers or other electronic devices in order to enforce such limits. The availability of Products will vary between countries and not all Products may be available in Your country of residence.
The Store may display age and content ratings for Products that are provided by developers of such Products. HTC does not guarantee that these ratings are accurate or that the Products do not contain objectionable content or otherwise comply with applicable law.
BACKING UP PRODUCTS.
Even if You use an HTC back-up service (if any is provided), (i) HTC does not guarantee that any Products, or other content and information You store or access will not be removed, damaged, corrupted, lost, or unavailable, and (ii) You are still responsible for backing up any Products or other content and information that You store or access using the Store. You also agree that any information, content, and software that You upload or download on a device may not be available to You on other devices.
Once a Product is made available to You, You should check the Product as soon as reasonably possible to ensure that it downloads or streams correctly (as applicable) and performs as stated. Please contact the developer or the Third-Party Payment Provider concerning any defects or performance issues.
THIRD PARTY PRODUCTS
- If You are not provided an end user license agreement when You access, use, or purchase third-party Products, then the following license terms will apply to Your use of such third-party Products: (i) the third party providing the third-party Product is the licensor of such Product; and (ii) that third party grants You a limited, non-exclusive, non-transferable, revocable license to access and use the third-party Product only for Your personal and non-commercial purposes for the applicable rental, subscription, or license period, and, in other cases, for as long as the applicable third party has rights to provide You the third-party Product.
- The provider of the third-party Product, not HTC, is solely responsible for its third-party Product. HTC makes no representations or warranties with respect to third-party Products. HTC has no responsibility or liability with respect to Your use of the third-party Products, or any content or functionality contained in such third-party Products. Any claims You have with respect to third-party Products shall be against the provider of the third-party Product and not HTC.
- You agree that HTC will be a third-party beneficiary to any end user license agreement for third-party Products and is entitled to the rights and benefits thereunder and may enforce the provisions thereof as if HTC is a party thereto.
- work around any technical limitations in the Store or the Products or to use the Store or the Products in an attempt to, or in conjunction with any device, program or service designed to, circumvent technical measures employed to control access to, or the rights in the Store or any Products;
- reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code relating to the Store or any Products, except and only to the extent that applicable law expressly permits, despite this limitation;
- sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign any Products or Your rights to Products to any third party without authorization, including with regard to any downloads of Products that You may obtain through the Store (except with regard to Products where that use is expressly allowed pursuant to the applicable end user license agreement);
- modify or make any derivative works of any Products, in whole or in part;
- remove any proprietary notices or labels on the Store or any Products or any copy thereof;
- use the Store or any Products for any commercial purpose (except with regard to Products where that use is expressly allowed pursuant to the applicable end user license agreement);
- display (in part or in whole) the Store or any Products as part of any public performance or display even if no fee is charged (except with regard to Products where that use is expressly allowed pursuant to the applicable end user license agreement);
- use the Store or any Products to infringe the rights of HTC, its affiliates, or any third party or in any way that does not comply with all applicable laws or any applicable end user license agreement; or
SUPPORT AND UPDATES.
HTC has no obligation to and may not provide support for the Store or any Products. You agree that HTC may automatically check Your computer to determine Your version of the Store and any Products You have acquired and may automatically send Your computer updates to the related software.
ACCEPTABLE USE POLICY
- You agree that when accessing and using the Store You will not engage or attempt to engage in any improper use, including any use that violates the HTC Code of Conduct.
- The Store may offer interactive features that allow You to submit materials on areas of the Store accessible and viewable by other users and the public (e.g. ratings/reviews of Products). You agree that any use by You of such features, including any materials submitted by You, shall be Your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You represent and warrant that You have obtained all necessary rights and licenses to the materials You submit.
- You hereby grant to HTC and its affiliates a perpetual, non-exclusive, worldwide, royalty-free license to use such materials in connection with the operation and/or promotion of the Store, in relation to Products, or in connection with any other product or service offered now or in the future by HTC without any compensation or obligation to You. HTC reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
- HTC has no responsibility or liability for such materials, and no obligation to screen, edit or monitor such materials.
Separate from any user content You may contribute pursuant to Section 17, You may submit oral or written comments, suggestions, ideas, plans, notes, and drawings, or other information about the Store or Products (“Feedback”). HTC is free to use, disclose, reproduce, license, or otherwise distribute that Feedback, without any obligations to You.
HEALTH AND SAFETY.
THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING THE HTC VIVE, WHICH ARE AVAILABLE AT VIVE.COM. BY USING THE HTC VIVE, THE STORE, AND ANY PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE WARNINGS AND INSTRUCTIONS. HTC MAY UPDATE OR REVISE THESE WARNINGS AND INSTRUCTIONS, SO PLEASE REVIEW THEM PERIODICALLY. ADDITIONAL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS MAY BE PROVIDED BY THIRD PARTY LICENSORS IN RELATION TO THEIR PRODUCTS.
DISCLAIMER OF WARRANTIES.
DISCLAIMER OF CERTAIN Damages.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 23 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 23 MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 24 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 24 MAY NOT APPLY TO YOU.
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND HTC AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR HTC WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND HTC WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
The Store, the Products available within, the Paid Points, and Reward Points were not designed for systems that do not require fail-safe performance. You may not use the Store, any Products, Paid Points, or Reward Points in any device or system in which a malfunction of the Store, any Product, Paid Points, or Reward Points would result in foreseeable risk of injury or death to any person. This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control.
GOVERNING LAW AND JURISDICTION FOR RESOLVING DISPUTES.
North and South America.
If You reside in North or South America, You are contracting with HTC America, Inc. and the following terms in this Section 27(a) shall apply:
AGREEMENT TO ARBITRATE DISPUTES
IF YOU reside IN NORTH OR SOUTH AMERICA PLEASE READ THIS SECTION 27(A) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HTC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HTC.
Rules of AAA. The rules of AAA and additional information about AAA are available on the AAA website (https://www.adr.org/aaa/faces/aoe/gc/consumer). By not opting out of this agreement to arbitrate as specified below, You either (a) acknowledge and agree that You have read and understand the AAA Rules, or (b) waive Your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
Applicability of Agreement to Arbitrate. IF THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE IS DEEMED TO BE UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
Europe, Middle East, and Africa.
Australia, New Zealand, and Asia (except for the Middle East).
- North and South America.
COPYRIGHT NOTICE AND TAKEDOWN PROCEDURES.
You agree to respect the intellectual property rights of HTC and third parties. If You believe that material available through the Store infringes the copyright of any third party, please notify HTC's copyright agent by using the notice procedure described within the Copyright link on the Store website. After receiving notice, HTC may remove or disable access to any potentially infringing material. HTC has the right to terminate any account or right of access to the Store for infringement by the account holder, or person accessing the Store, of HTC's or others' rights.
COMPLIANCE WITH LAW; EXPORT REGULATIONS
YOU will comply with all national and international laws, rules and regulations that apply to the Store and any Products and Your use of the Store and any Products, (to which the they are subject), as well as end-user, end-use, and destination restrictions issued by U.S. or other governments.
If to HTC Corporation
Attn: General Counsel
No. 88, Section 3, Zhongxing Road
Xindian Dist., New Taipei City 231
If to HTC America, Inc.
Attn: VP and Deputy General Counsel
308 Occidental Avenue South
Seattle, Washington 98104
With a copy to: HTC Corporation at the address above
If to HTC Europe Co., Ltd.
Salamanca, Wellington Street
Slough, Berkshire SL1 1YP,
With a copy to: HTC Corporation at the address above.