Last Updated: June 1, 2022
PLEASE NOTE: IF YOU SUBSCRIBE TO THE SERVICES FOR A SUBSCRIPTION TERM, WHETHER DIRECTLY, THROUGH A FREE TRIAL, OR BY APPLYING A VALID PROMOTIONAL CODE, THEN YOUR SUBSCRIPTION AND THIS AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE BILLING PERIODS AT IMMERSE’S THEN-CURRENT PRICING FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 9(a) BELOW.
PLEASE NOTE: THAT SECTION 17 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 17 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE AND HOW TO OPT OUT.
Immerse reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
USE OF THE SERVICES AND IMMERSE PROPERTIES.
The Application, the Website, the Services and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) (each, a "Immerse Property" and collectively, the "Immerse Properties") are protected by copyright and intellectual property laws throughout the world and is owned by the Company or third parties. You agree not to make any use of the Immerse Properties that would infringe any intellectual property rights. Subject to the Agreement, Immerse grants you a limited license to reproduce obtain, listen to, view or read (as the case may be) portions of Immerse Properties that may be obtained by you in digital form for the sole purpose of using the Services for your personal, non-commercial entertainment and educational purposes. Unless otherwise specified by Immerse in a separate license, your right to use any and all Immerse Properties is subject to the Agreement and applicable copyright and intellectual property law. You represent, warrant and agree that you are using the Immerse Properties for your own personal, non-commercial entertainment and educational use and not for redistribution or transfer of any kind.
- Application License. Subject to your compliance with the Agreement, Immerse grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a compatible virtual reality device that you own or control and to run such copy of the Application solely for your own personal, non-commercial entertainment purposes.
- Updates. You understand that Immerse Properties are evolving. As a result, Immerse may require you to accept updates to Immerse Properties that you have installed on your computer or virtual reality device. You acknowledge and agree that Immerse may update Immerse Properties with or without notifying you. You may need to update third-party software from time to time in order to use Immerse Properties.
- Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, broadcast, publicly perform or display, host or otherwise commercially exploit Immerse Properties or any portion of Immerse Properties, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Immerse Properties (including images, text, page layout or form) of Immerse; (c) you shall not use any metatags or other "hidden text" using Immerse’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Immerse Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Immerse Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Immerse Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Immerse Properties or otherwise attempt to modify any Immerse Properties for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the applicable Immerse Property. Any future release, update or other addition to Immerse Properties shall be subject to the Agreement. Immerse, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Immerse Property terminates the licenses granted by Immerse pursuant to the Agreement.
- Third-Party Materials. As a part of Immerse Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Immerse to monitor such materials and that you access these materials at your own risk.
- Registering Your Account. In order to access certain features of Immerse Properties you may be required to become a Registered User. For purposes of the Agreement, a "Registered User" is a User who signs up for an authorized Immerse account.
- Registration Data. In registering an account with the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (l) at least eighteen (18) years old; (m) of legal age to form a binding contract; and (n) not a person barred from using Immerse Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Immerse Properties by minors. You may not share your Account or password with anyone, and you agree to (y) notify Immerse immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Immerse has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Immerse has the right to suspend or terminate your Account and refuse any and all current or future use of Immerse Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account for the Services at any given time. Immerse reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Immerse Properties if you have been previously removed by Immerse, or if you have been previously banned from any of Immerse Properties.
- Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Immerse.
- Necessary Equipment. You must provide all equipment necessary to connect to Immerse Properties, including but not limited to, a mobile device and/or a headset that is suitable to connect with and use Immerse Properties. You are solely responsible for: (i) any fees, including Internet connection or mobile fees, that you incur when accessing Immerse Properties; and (ii) reading and following any and all instructions provided by Oculus, available at https://www.oculus.com/legal/health-and-safety-warnings, or provider of other virtual reality headset, prior to connecting to Immerse Properties and using the Services. The headset is not a toy and should not be used by children under the age of 13. Adults should make sure children (age 13 and older) use the headset in accordance with the above instructions provided by Oculus, and should monitor children (age 13 and older) who are using or have used the headset to participate in the Services. Immerse has no responsibility or liability to you related to the functionality of any virtual reality headset provided by a third party (e.g., Immerse is not responsible for any malfunction of or physical damage to such a device as the result of perspiration or any moisture that might affect how the device works, or for any other reason).
RESPONSIBILITY FOR CONTENT.
- Types of Content. You acknowledge that all Content, including Immerse Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Immerse, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through Immerse Properties ("Your Content"), and that you and other Users of Immerse Properties, and not Immerse, are similarly responsible for all Content that you and they Make Available through Immerse Properties ("User Content").
- No Obligation to Pre-Screen Content. You acknowledge that Immerse has no obligation to pre-screen Content (including, but not limited to, User Content), although Immerse reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Immerse pre-screens, refuses or removes any Content, you acknowledge that Immerse will do so for Immerse’s benefit, not yours. Without limiting the foregoing, Immerse shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
- Storage. Unless expressly agreed to by Immerse in writing elsewhere, Immerse has no obligation to store any of Your Content that you Make Available on any Immerse Properties. Immerse has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Immerse Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Immerse retains the right to create reasonable limits on the use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Immerse in its sole discretion.
- Immerse Properties. Except with respect to Your Content and User Content, you agree that Immerse and its suppliers own all rights, title and interest in Immerse Properties. Any Immerse graphics, logos, service marks and trade names used on or in connection with any Immerse Properties or in connection with the Services are the trademarks of Immerse and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Immerse Properties are the property of their respective owners. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Immerse Properties.
- Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in Immerse Properties.
- Immerse does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in Immerse Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
- License to Your Content. You hereby grant Immerse a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Immerse Properties to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Immerse, are responsible for all of Your Content that you Make Available on or in Immerse Properties.
- Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Immerse in its sole discretion. You may not post or submit for print services a photograph of another person found through User Content without that person’s permission.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Immerse through its suggestion, feedback, forum or similar pages ("Feedback") is at your own risk and that Immerse has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Immerse a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Immerse Properties and/or Immerse’s business.
In connection with your use of Immerse Properties, you shall not (and shall not enable or permit any third party to):
- Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, offensive, unethical, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
- Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
- Stalk or otherwise harass any other user of our Immerse Properties; or
- Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
Ratings and Reviews
The Services may allow users to post reviews, ratings and comments about the Website and/or Application (collectively, "Reviews"), and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are User Content that is not endorsed by Immerse and does not represent the views of Immerse. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. Immerse shall have the right, but not the obligation to monitor or review any Reviews at any time. Immerse reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that Immerse is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. Immerse does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable Service; (ii) you will not provide a rating or review for any Service with respect to which you have an employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with the terms of this Agreement. If Immerse determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.
Immerse may, but is not obligated to, monitor or review Immerse Properties and Content at any time. Without limiting the foregoing, Immerse shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Immerse does not generally monitor user activity occurring in connection with Immerse Properties or Content, if Immerse becomes aware of any possible violations by you of any provision of the Agreement, Immerse reserves the right to investigate such violations, and Immerse may, at its sole discretion, immediately terminate your license to use Immerse Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
INTERACTIONS WITH OTHER USERS
- User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Immerse reserves the right, but has no obligation, to intercede in such disputes. You agree that Immerse will not be responsible for any liability incurred as the result of such interactions.
- Content Provided by Other Users. Immerse Properties may contain User Content provided by other Users. Immerse is not responsible for and does not control User Content. Immerse has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, if you believe that your work has been copied and posted on Immerse Properties in a way that constitutes copyright infringement, please follow instructions in Section 13 (Procedure for Making Claims of Copyright Infringement) below.
- Third-Party Websites and Applications. Immerse Properties may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left Immerse Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Immerse. Immerse is not responsible for any Third-Party Websites or Third-Party Applications. Immerse provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Website or Application, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- App Stores. You acknowledge and agree that the availability of the Application and the Services may be dependent on the third party from whom you received the Application license, e.g., the Oculus Store or any other virtual reality app stores (each, an "App Store"). You acknowledge that the Agreement is between you and Immerse and not with the App Store. You must pay all fees (if any) charged by the App Store in connection with Immerse Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Immerse Property, including the Application.
FEES AND PURCHASE TERMS
- Automatic Renewal. Your subscription to the Services will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each, a "Renewal Commencement Date") and continue for successive billing cycles, at Immerse’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription before your Renewal Commencement Date.
- Cancellation. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please log in and go to your "Account Settings" page to modify your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Upon renewal of your subscription, if Immerse does not receive payment from your payment provider through the App Store or Stripe as described herein, you agree that Immerse may either terminate or suspend your subscription, and continue to attempt to charge your payment provider until payment is received (upon receipt of payment through the App Store, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
- Free Trials. We may offer you a free trial period to access the Services on a trial basis free of charge until the earlier of (a) the end of the free trial period (if not terminated earlier) or (b) the start date of your paid subscription (“Free Trial Period”). If we offer you a Free Trial Period, we still may require that you enroll as a Registered User and add a valid payment method to activate the free trial. At the end of the Free Trial Period, your subscription to the Services will automatically renew at our then current pricing, as further described in Section 9(a) above, unless you cancel your subscription to the Services before the end of the Free Trial Period, by following instructions set forth in Section 9(a)(iii) above. If you cancel your subscription to the Services during the Free Trial Period, all of your data in the Services may be permanently deleted by us at or before the end of the Trial Period, and we have no obligation to recover it. If we include additional terms and conditions on the free trial registration web page, those will apply as well.
Immerse may make available promotional codes (each a “Promotional Code”) subject to this Agreement. Each Promotional Code is made available in connection with a form of an auto-renewing subscription to the Services as described in Section 9(a) above.
- Each Promotional Code provides access to the Services specified in the description of the Promotional Code: (A) at the discounted price advertised; (B) beginning the moment that you confirm your acceptance of the Promotional Code by submitting valid payment details that are accepted by Immerse and continuing for the period specified (the “Promotional Period”); and (C) in some circumstances, subject to an overall limit of allowed redemptions of that Promotional Code. By submitting your payment details, you confirm your acceptance of the Promotional Code as advertised and also confirm your acceptance of this Agreement.
- Eligibility. In order to be eligible for a Promotional Code, Users must satisfy all of the following conditions (each an “Eligible User”): (A) Unless you are subscribing to a Promotional Code that is advertised as available to current subscribers, you must not be a current subscriber of the Services; (B) You must provide Immerse with a valid and current payment method that is approved by Immerse; and (C) You must meet additional eligibility requirements (if any) as advertised from time-to-time in connection with the Promotional Code. Eligible Users may accept and apply a Promotional Code only once; previous Users may not redeem the offer or Promotional Code again.
- Availability. Promotional Codes must be accepted before the applicable expiration date advertised, if any. Except where prohibited by law, Immerse reserves the right to modify, suspend or terminate a Promotional Code at any time and for any reason, in which case we will not honor subsequent Promotional Code enrollments or applications.
- Duration and Cancellation. Unless you cancel your subscription to the Services before the end of the Promotional Period, you will automatically become a recurring subscriber and your Services subscription will continue to automatically renew for additional periods unless you cancel before the end of the relevant subscription term, as further described in Section 9(a) above. The payment method you provided will automatically be charged for the then-current subscription price, as further described in Section 9(a) above. If you cancel during the Promotional Period, you will lose access to Services and you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or any Content or data associated with your use of the Service, or for anything else.
Immerse’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Immerse, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Immerse for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax, and any other tax measured by sales proceeds, that Immerse is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
You agree to indemnify and hold Immerse, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Immerse Party" and collectively, the "Immerse Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Immerse Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Immerse reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Immerse in asserting any available defenses. This provision does not require you to indemnify any of the Immerse Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, gross negligence or willful misconduct in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Immerse Properties.
DISCLAIMER OF WARRANTIES AND CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF IMMERSE PROPERTIES IS AT YOUR SOLE RISK, AND IMMERSE PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. IMMERSE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
- IMMERSE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) IMMERSE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF IMMERSE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF IMMERSE PROPERTIES WILL BE ACCURATE OR RELIABLE.
- ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH IMMERSE PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS IMMERSE PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
- THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. IMMERSE MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IMMERSE OR THROUGH IMMERSE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- FROM TIME TO TIME, IMMERSE MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT IMMERSE’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
Professional Certification Disclaimer
IMMERSE OFFERS IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD NOT RELY ON INFORMATION OR PROGRAMS AVAILABLE IN OR VIA THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL CERTIFICATIONS OR CREDENTIALS. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
Play Space Environment Disclaimer
ALWAYS BE AWARE OF YOUR SURROUNDINGS BEFORE BEGINNING USE AND WHILE USING YOUR HEADSET. IN USING IMMERSE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING A SAFE ENVIRONMENT FOR USE AT ALL TIMES. BECAUSE SERIOUS INJURIES MAY OCCUR FROM TRIPPING OR RUNNING INTO OR STRIKING WALLS, FURNITURE, OTHER OBJECTS OR PEOPLE, CLEAR AN AREA FOR SAFE USE BEFORE USING YOUR HEADSET. PLEASE TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR ITEMS THAT YOU MAY HIT OR STRIKE, OR AREAS WHICH MAY CAUSE YOU TO LOSE YOUR BALANCE WHEN USING, OR IMMEDIATELY AFTER USING, YOUR HEADSET, LIKE OTHER PEOPLE, OBJECTS, STAIRS OR STEPS, RAMPS, SIDEWALKS, BALCONIES, OPEN DOORWAYS, WINDOWS, FURNITURE, OPEN FLAMES, CEILING FANS OR LIGHT FIXTURES, TELEVISIONS OR MONITORS OR OTHER THINGS. TAKE APPROPRIATE STEPS TO PREVENT PEOPLE OR PETS WHO DO NOT UNDERSTAND YOUR PERCEPTIONS ARE LIMITED FROM ENTERING YOUR PLAY SPACE.
No Liability for Conduct of Third Parties.
YOU ACKNOWLEDGE AND AGREE THAT IMMERSE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD IMMERSE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
No Liability for Conduct of Other Users
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF IMMERSE PROPERTIES. YOU UNDERSTAND THAT IMMERSE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF IMMERSE PROPERTIES.
LIMITATION OF LIABILITY.
Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE IMMERSE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT IMMERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF IMMERSE PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE IMMERSE PROPERTIES; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON IMMERSE PROPERTIES; OR (4) ANY OTHER MATTER RELATED TO IMMERSE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAWS
Cap on Liability
UNDER NO CIRCUMSTANCES WILL THE IMMERSE PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO IMMERSE BY YOU DURING THE SIX (6) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) ONE HUNDRED US DOLLARS (U.S. $100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAWS.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, (1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY" AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTIONS 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…” AND (Y) SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.
IMMERSE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IMMERSE AND YOU.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is Immerse’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Immerse by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Immerse Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on Immerse Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Immerse’s Copyright Agent for notice of claims of copyright infringement is as follows: email@example.com.
If Immerse becomes aware of any possible violations by you of the Agreement, Immerse reserves the right to investigate such violations. If, as a result of the investigation, Immerse believes that criminal activity has occurred, Immerse reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Immerse is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Immerse Properties, including Your Content, in Immerse’s possession in connection with your use of Immerse Properties, to (a) comply with applicable laws, legal process or governmental request; (b) enforce this Agreement, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Immerse, its Users or the public, and all enforcement or other government officials, as Immerse in its sole discretion believes to be necessary or appropriate.
In the event that Immerse determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for Immerse Properties, Immerse reserves the right to:
- Warn you via email (to any e-mail address you have provided to Immerse) that you have violated the Agreement;
- Delete any of Your Content provided by you to Immerse Properties;
- Discontinue your registration(s) with any of Immerse Properties;
- Suspend your access to the Services pending investigation by Immerse or relevant authorities;
- Discontinue your subscription to any Services;
- Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
- Pursue any other action which Immerse deems to be appropriate.
TERM AND TERMINATION
- Term. The Agreement commences on the date when you accept it (as described in the preamble above) and remains in full force and effect while you use Immerse Properties, unless terminated earlier in accordance with the Agreement.
- Termination of Services by Immerse. The Subscription Fees for any Services shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if Immerse is required to do so by law (e.g., where the provision of the Website, the Application or the Services is, or becomes, unlawful), Immerse has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Immerse’s sole discretion and that Immerse shall not be liable to you or any third party for any termination of your Account.
- Termination of Services by You. If you want to terminate the Services provided by Immerse, you may do so in accordance with Section 9(b)(iii) above. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 9(b)(iii) ABOVE.
- Effect of Termination. Termination of any Services includes removal of access to such Services and barring of further use of the Services. Termination of all Services may result in the deletion of your password and all related information and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Services, your right to use such Services will automatically terminate immediately. Immerse will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Immerse Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Immerse intends to announce such Services or Content in your country. Immerse Properties are controlled and offered by Immerse from its facilities in the United States of America. Immerse makes no representations that Immerse Properties are appropriate or available for use in other locations. Those who access or use Immerse Properties from other countries do so at their own volition and are responsible for compliance with local law.
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Immerse and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Immerse, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Immerse may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a notice letter requesting arbitration and describing your claim in accordance with Section 18(g) below. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Immerse will pay them for you. In addition, Immerse will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
- You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Immerse. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND IMMERSE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Immerse are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES IMMERSE THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Immerse username (if any), the email address you used to set up your Immerse account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Except as provided in subsection 17(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Immerse.
- Electronic Communications. The communications between you and Immerse may take place via electronic means, whether you visit Immerse Properties or send Immerse e-mails, or whether Immerse posts notices on Immerse Properties or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Immerse in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Immerse provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Immerse’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. Immerse shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Contact. If you have any questions, complaints or claims with respect to Immerse Properties, please visit https://www.immerse.online/contact. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Immerse agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Orange County, California.
- Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
- Notice. Where Immerse requires that you provide an e-mail address, you are responsible for providing Immerse with your most current e-mail address. In the event that the last e-mail address you provided to Immerse is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Immerse’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Immerse by emailing email@example.com. Such notice shall be deemed given when received by Immerse by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
- Export Control. You may not use, export, import, or transfer Immerse Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Immerse Properties, and any other applicable laws. In particular, but without limitation, Immerse Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Immerse Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Immerse Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Immerse are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Immerse products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
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