STYLY, Inc. (“we” or “us”) is pleased to provide you with access to the virtual-reality interactive media, which allows a user (“User” or “you”) to edit, upload and/or publish your own 3D VR space within our original VR world, which is known as “STYLY”.
All elements of the STYLY platform, including our VR editing technology and software, are referred to herein as the “Services,” and may be modified from time to time at our sole discretion.
By registering with us, or by using the Services, you agree to be bound by these Terms of Use (the “Agreement,”) which we may update from time to time.
Your continued use of the Services constitutes your consent to such changes.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES.
Our Privacy Policy, which explains how we use your personal data, is located at PVRL website and is considered part of this Agreement.
By using the Services, you agree that your information may be collected and used in accordance with our Privacy Policy and this Agreement.
SECTION 1 (GENERAL CONDITIONS)
1.1 Description of Services
With respect to the STYLY, PVRL offer basic free services (“Free Services”) and some advanced paid services (“Paid Services”). Detailed descriptions of the Free Services and Paid Services are available at PVRL website.
1.2 User Account
A STYLY account is required in order to access our Services. The account can be created directly by filling out the appropriate form. You must provide complete and accurate registration information to us and notify us if your information changes.
If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement. You may not transfer your account to any third party.
1.3 ScreenName
Please note that PVRL retains the right at any time to deactivate, reallocate or rename your screen name if such screen name violates any third party right.
1.4 Account security
You are responsible for all activity that occurs under your account. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you become aware of an unauthorized access to your account, you must change your password.
1.5 Denial of access
We may, in accordance with this Agreement and Section 9 hereof, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
SECTION 2 (PAYMENTS)
The pricing of our Paid Services is available at PVRL website.
Payment is due at the beginning of each subscription period, payable only via Credit Cards.
You will also be responsible for paying any applicable taxes relating to your purchases.
SECTION 3 (OWNERSHIP OF CONTENT)
3.1 Definitions
“Platform Content” means all of the images, text, data, audio, graphics and any other information included on or available through the Services, excluding User Content.
“User Content” means all the 3D images, and related content, as well as captions and comments, uploaded by Users.
3.2 Ownership of the contents
Except as otherwise set forth in this Agreement, we do not claim ownership over any User Content.
PVRL own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all Platform Content that we create and that we make available to you through the Services.
Your use of the Services does not grant you any ownership over any Platform Content, and except for the limited license we grant you under this Agreement, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of PVRL. We reserve all rights not expressly granted to you in this Agreement.
3.3. License
We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in this Agreement.
3.4 Software
All software and software-as-a-service (SAAS) used in connection with the Services (“Software”) is proprietary to us, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
You agree that we may update the Software without notice, at any time and in our sole discretion, and that this Agreement will apply to any updated versions.
SECTION 4 (USER CONTENT)
During the operation of the Services, Users may upload certain User Content including 3D models, audio, music, photos, videos, documents, captions and comments. You remain the owner of your User Content at all times, and we does not claim any ownership rights in your User Content. User Content is otherwise subject to the following provisions.
4.1 Compliance
You are solely responsible for ensuring that any User Content complies with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights.
4.2 User Content License
By using the Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use and adapt the User Content for the purposes of developing, distributing, providing, improving, and promoting the Services.
4.3 Representations
By submitting User Content, you represent and warrant that
(i) you own, have full license, or otherwise control all of the rights to upload your User Content,
(ii) use of your User Content does not violate this Agreement or any applicable law, and will not infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.),
(iii)your User Content does not contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted),
(iv) your User Content does not contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group,
(v) your User Content does not promotes fraudulent or dubious business schemes, and
(vi) your User Content will not violate the restrictions set forth in Section 5 of this Agreement.
4.4 Feedback
You agree that any feedback submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
4.5 Removal of User Content
PVRL may remove User Content from the Services if such User Content infringes on another’s intellectual property rights.
Without limiting our right to terminate a User pursuant to Section 9 of this Agreement, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.
Please note that you are solely responsible for safeguarding your User Content, and PVRL has no duty to store copies of User Content for future availability to you.
We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law.
SECTION 5 (RESTRICTIONS OF USE)
You may not use the Services to
(i) Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Platform Content, and User Content except as permitted by this Agreement;
(ii) Promote any illegal activity, or advocate, promote or assist any unlawful act;
(iii) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy;
(iv) Transmit any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
(v) Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
(vi) Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or PVRL’s computer or networking systems, (c) will divert of the Services’ system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or PVRL’s computer or networking systems.
(vii)Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans);
SECTION 6 (DISCLAIMER OF WARRANTIES)
PVRL makes no representations or warranties of any kind regarding the Services or the Platform Content. We provides the Service on an “as is” and “as available” basis. You therefore use the Services at your own risk.
PVRL expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
Without limiting the foregoing, we makes no representations or warranties
(i) That the Service will be permitted in your jurisdiction;
(ii) That the Service will always be available, uninterrupted or error-free;
(iii) As to the accuracy or reliability of any information contained in any User Content;
(iv) As to the results that may be obtained from the operation, use or other exploitation of the Services or the Platform Content;
(v) Concerning any third party’s use of the User Content;
(vi) That any content you submit will be made available on the Service or will be stored by us;
(vii) That the Service will meet your business or professional needs; or
(viii) That PVRL will continue to support any particular feature of the Service.
SECTION 7 (LIMITATION OF LIABILITY)
To the fullest extent permitted by law, PVRL’S aggregate liability to any User shall not exceed the amounts paid by you to us over the six (6) months preceding your claim(s), only if the user has paid fees for use of the Services.
PVRL will not otherwise be liable for any damages of any kind arising from the use of the service or from any information, Platform Content, designs, products or services included on or otherwise made available to you through the Service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, for loss of profits, goodwill, use, data or other intangible losses.
SECTION 8 (INDEMNITY)
You agree to indemnify and hold PVRL and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by PVRL directly or indirectly, with respect to or arising out of
(i) your failure to comply with this Agreement;
(ii) your breach of your obligations under this Agreement;
(iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties;
(iv) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right; and/or
(v) any claim that any of your User Content caused damage to a third party.
SECTION 9 (MODIFICATION AND TERMINATION)
9.1 Modifying and terminating the Services on prior notice
PVRL reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion, in which case we will provide you with prior written notice.
9.2 Forced termination
We may terminate your user account or right to access all or portions of the Services at any time, without notice, for conduct that we believe violates this Agreement and/or is harmful to other users, to PVRL, to other service or information providers, or to any third parties.
9.3 Survival
After any termination of this Agreement and/or after you otherwise stop using the Services, the following will survive and remain enforceable and in full force and effect:
(i) all outstanding obligations between you and us;
(ii) all remedies for breach of this Agreement; and
(iii) the following sections of this Agreement:
3(OWNERSHIP OF CONTENT),
4(USER CONTENT),
6(DISCLAIMERS OF WARRANTY)
7(LIMITATION OF LIABILITY)
8(INDEMNITY),
9(MODIFICATION AND TERMINATION)
10(THIRD-PARTY SERVICES)
11(APPLICABLE LAW AND JURISDICTION), and
13(MISCELLANEOUS).
SECTION 10 (THIRD-PARTY SERVICES)
The Services may contain links and features that enable you to access other third-party websites or services (“Third-Party Services”) that are not owned or controlled by us.
We are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by PVRL.
PVRL may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a User and Third-Party Services whom the User has been directed via the Services.
PVRL may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.
SECTION 11 (APPLICABLE LAW AND JURISDICTION)
11.1 Applicable law and jurisdiction.
This Agreement and our Services shall be governed by the laws of Japan, without regard to principles of conflicts of law.
11.2 Disputes
Any action arising out of or relating to this Agreement or your use of the Services must be commenced in the Tokyo District Court of Japan (and you consent to the jurisdiction of those courts).
SECTION 12 (AMENDMENT)
PVRL reserves the right to amend the Agreement at any time by posting a notice on this page, sending an email notification to registered Users, or otherwise notifying Users via the Services.
Any User using the Services after an amendment has become effective accepts the Agreement as amended. A User who does not accept the amended Agreement shall, before it becomes effective, cease use of the Services.
SECTION 13 (MISCELLANEOUS)
This Agreement, along with the Privacy Policy, represents the entire agreement between PVRL and the User with respect to the provision of the Services, and all prior representations and understandings, whether written or oral, are excluded.
No delay or omission by PVRL in exercising any of its rights occurring upon any noncompliance or default by any User with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by PVRL of any of the covenants, conditions or terms to be performed by a User will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or terms hereof contained.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then the Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. PVRL may freely assign this Agreement, including to any purchase of PVRL and/or its business operations.
You agree that the electronic text of this Agreement constitutes a writing, and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
You consent to receive communications from us electronically, and you agree that we may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing.
We are not responsible for any automatic filtering that may be applied to any email notices that we send to the email address you have provided.
The Services are operated by PVRL, a Japanese corporation. General inquiries may be directed to info@psychic-vr-lab.com .
The effective date of these Terms of Use is March 9th 2017.