The following Terms of Service Agreement (the "TOS") is a legally binding agreement that governs the relationship between Tidal Force VR, LLC ("Tidal Force VR", "Tidal Force", "we," "us," or "our"), located at 289 7th Ave, Suite 5, New York, NY, 10001 (as well as our subsidiaries and affiliates) and our users in connection with the use of the website located at www.tidalforcevr.com (the "Site"), or the other current and future online and mobile websites, platforms, services, applications, and networks owned or operated by Tidal Force, including the walk-around virtual reality experiences (the "Experience") that we offer at virtual reality entertainment centers and other venues ("VRECs") (the Site, the Experience, and such other websites, platforms, services, applications and networks constituting the "Service").
PLEASE READ this TOS CAREFULLY. BY ACCESSING OR USING the Service, YOU HEREBY AGREE TO BE BOUND BY THE TERMS in this TOS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS in this TOS, YOU MAY NOT ACCESS OR USE the Service.
PLEASE NOTE: THIS TOS CONTAINS AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER. EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, SUCH PROVISIONS REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST TIDAL FORCE ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE SEE SECTION 21 BELOW FOR MORE INFORMATION. IF YOU DO NOT AGREE TO THIS ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, PLEASE DO NOT ACCESS OR USE THE SERVICE.
To participate in the Experience at one of our VRECs, each user must have a valid booking pass for the specific Experience the user wishes to attend ("Travel Pass"). You must be at least 18 years of age to purchase a Travel Pass. A single user may purchase Travel Passes for more than one person. Once a user has purchased one or more Travel Passes, each individual that will attend the Experience must "create" his or her individual Travel Pass. The purchaser will be prompted to create his or her own Travel Pass and/or to share purchased Travel Passes with other members of the group. If a user does not create a Travel Pass through the Service in advance of the Experience, it must be created upon arrival.
After participating in the Experience, users ages 18 and older will be sent an email or text message with information and content related to the user’s participation in the Experience ("Experience Achievements"). For users ages 13-17, the parent or legal guardian creating the minor’s Travel Pass may consent to TIDAL FORCE sending the Experience Achievements directly to the minor, at an email address provided by the parent or legal guardian. Otherwise, Experience Achievements for minors will be sent to the parent or legal guardian. You agree that TIDAL FORCE may send your Experience Achievements (or that of your minor, as applicable) to the email address provided when creating the relevant Travel Pass.
Experience Achievements may include photographs and/or videos of the user engaged in the Experience. Such photographs and videos may incidentally feature other individuals who were simultaneously participating in the Experience. By participating in the Experience, you grant TIDAL FORCE permission to photograph and film you during the Experience and to include the resulting photographs and videos in Experience Achievements. You recognize that you may be featured in photographs and videos included in Experience Achievements sent to other users who were simultaneously participating in the Experience. BY PARTICIPATING IN THE EXPERIENCE, YOU ARE (A) WAIVING, ON BEHALF OF YOURSELF AND YOUR MINOR, AS APPLICABLE, ANY RIGHTS OF PRIVACY OR PUBLICITY OR ANY OTHER RIGHTS RELATED TO SUCH PHOTOGRAPHS AND VIDEOS AND (B) AGREEING TO RELEASE, WAIVE, AND DISCHARGE ANY AND ALL RIGHTS, DEMANDS, LOSSES, LIABILITIES, CLAIMS, AND CAUSES OF ACTION OF ANY NATURE OR KIND RELATED TO THE ACT OF FILMING OR PHOTOGRAPHING YOU DURING THE EXPERIENCE AND THE RESULTING PHOTOGRAPHS AND VIDEOS.
You agree not to make use of the Service for the purpose of:
You are responsible for complying with United States export controls in connection with your use of the Service and for any violation of these controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.
As a member of the Service, you may be able to upload, submit, store, send or receive content ("User Content"). You are entirely responsible for the content of, and any harm resulting from, any User Content that you post on or through the Service. You retain ownership of any intellectual property rights that you hold in the User Content. In short, what belongs to you remains yours. However, when you upload, submit, store, send or receive content to or through the Service you hereby grant TIDAL FORCE the following non-exclusive, worldwide, fully paid, royalty-free, perpetual, irrevocable licenses:
Those areas which may be deemed "publicly accessible" areas of the Service are those areas which are meant to be available to the general public, and which would include message boards and groups that are openly available to both visitors and members. Areas on the Service which are not open to the public, would include our mail system and instant messaging within the Service.
Notwithstanding the foregoing, any content that we provide to you through the Service (whether in the form of text, photos, videos or otherwise) or any content that we permit you to create using the interactive software tools available as part of the Service (e.g., the creation of an avatar or other digital personality), whether or not you submit or make the content you creates available for inclusion on the Service, in whole or in part, shall, as between you and us, be and at all times remain solely owned by and be the property of TIDAL FORCE.
The Service includes an area for our users and members to contribute feedback regarding the Service. When you submit ideas, documents, suggestions and/or proposals ("Feedback") through the Service, you acknowledge and agree that:
You hereby agree, at your expense, to indemnify, defend and hold harmless, TIDAL FORCE, its officers, directors, investors, members, managers, partners, affiliates, employees, agents, service providers and other contractors from and against any loss, cost, damages, liability and/or expense, including reasonable attorney fees, arising out of or relating to third party claims, actions or allegations brought against TIDAL FORCE based on any User Content you submit, post, modify, transmit or otherwise make available through the Service, your use of the Service or your connection with Service, your violations of the Terms of Service and/or your violation of any rights of another person. You will not be required to indemnify and hold TIDAL FORCE harmless from and against any claims, liabilities, damages, losses, or expenses resulting from TIDAL FORCE’s own negligent conduct.
As a user of the Service, you may remove your email address and other user information on file with TIDAL FORCE by submitting a request using our Contact Us form located herehttps://www.tidalforcevr.com/contact-us.
The Service contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Therefore, except as expressly permitted by applicable law or as authorized by TIDAL FORCE or an applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on the Service, in whole or part. TIDAL FORCE grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code for the Service on a single computer, smart phone, tablet or similar mobile device, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any rights in the Service. Furthermore, you agree not to alter or change the Service in any manner, nature or form, and not to use any modified versions of the Service. You also agree not to access or attempt to access the Service through any means other than through the interface which is provided by TIDAL FORCE for use in accessing the Service. You acknowledge, understand and agree that all of TIDAL FORCE trademarks, copyright, trade name, service marks, and other TIDAL FORCE logos and any brand features, and/or product and service names are trademarks that are owned by TIDAL FORCE and shall remain the property of TIDAL FORCE. You agree not to display and/or use TIDAL FORCE logo or marks unless expressly agreed in writing by TIDAL FORCE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING the Service. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TIDAL FORCE AND OUR SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
TIDAL FORCE may furnish you with notices, including notices relating to any changes to the TOS, through email, regular mail, MMS or SMS, text messaging, postings on the Service, or other reasonable means currently known or any which may be herein after developed.
TIDAL FORCE respects the intellectual property rights of others, and we ask that all of our users and members do the same. When appropriate, as determined in our sole discretion, TIDAL FORCE may disable and/or terminate the Accounts of any member who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you may send a notice of claimed infringement to our Designated Agent, the contact information for which is as follows:
To be effective, the notice must contain the following information:
We may provide notice of claimed infringement to our users by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice and believe it was submitted in error, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
TIDAL FORCE reserves the right to update and/or change the terms of this TOS. We will notify you of material changes to this TOS by providing display notice through the Service, updating the "Effective" date above and, and/or sending an email to the email address we have on file for you, if any. Regardless of any notification efforts by TIDAL FORCE, you are responsible for periodically reviewing this TOS so that you are informed about the specific terms and conditions in this TOS as then in effect. If you do not agree to any changes, you should discontinue your use of the Service prior to the time the modified TOS takes effect. If you continue using the Service after the modified TOS takes effect, you will be bound by the modified TOS.
PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Agreement to Binding Arbitration.If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 23(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to this TOS (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this TOS, including, but not limited to, any claim that all or any part of this TOS is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this TOS shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed athttps://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by TIDAL FORCE if you do not prevail in arbitration.The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: We are located at 289 7th Ave, Suite 5, New York, NY, 10001. If a user has a question or complaint regarding the Service, please send an email email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If TIDAL FORCE fails to exercise or enforce any right or provision of this TOS, the applicable failure shall not constitute a waiver of the applicable right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
TIDAL FORCE may assign or license this TOS or any part thereof and may delegate any of its obligations hereunder. You may not assign this TOS or any part thereof, nor transfer or sublicense your rights hereunder.
If you have any questions or concerns about the Service or this TOS, you may contact us at: