IMPORTANT – PLEASE READ CAREFULLY BEFORE USING I WANT TO EXPERIENCE MATERIALS (AS DEFINED BELOW). THE DEFINITIONS ARE SET OUT AT THE END OF THIS AGREEMENT.
This Agreement is between you (“You” or “Your”) and I Want To Experience. You must agree to the terms of the Agreement in order to use the I Want To Experience Materials. This Agreement is not available to any corporation, partnership, or other form of business entity. This Agreement sets forth the entire understanding and agreement between You and I Want To Experience with respect to the subject matter hereof.
2. Users, User Items, and the Experiences
I Want To Experience grants You a limited, non-exclusive and non-transferable licence to Use the I Want To Experience Materials, in accordance with the terms set forth in this Agreement. You may not Use the I Want To Experience Materials (directly or indirectly) for any commercial purpose and You are not allowed to provide the I Want To Experience Materials to any third party (except that you may allow others to experience an "I Want To Experience" Experience on your personal User Item without charging a fee). For the avoidance of doubt, any public exhibition of I Want To Experience Experiences is prohibited. You acknowledge that You will not Use the I Want To Experience Materials in any way or for any purpose that is unlawful or prohibited by the terms of this Agreement. I Want To Experience reserves the right to terminate Your Use of the I Want To Experience Materials at any time if you do not abide by these conditions. You agree to obtain any I Want To Experience Materials (including Experiences) only through a Distributor or I Want To Experience and to comply with terms and conditions set by the Distributor, as applicable. The Experiences require User Items, such as specialized hardware, software, and/or other items (usually specified by the Distributor). You are solely responsible for selecting, obtaining, maintaining, and using the User Items. Patches, updates, upgrades and other modifications to the I Want To Experience Materials will be installed on the User Items in accordance with terms and conditions set by the Distributor. This Agreement is effective from the moment you first Use the I Want To Experience Materials until it is terminated. This Agreement is terminated automatically by I Want To Experience if You fail to comply with the terms and conditions of this Agreement.
You agree to pay the published fees for the I Want To Experience Materials, as those fees are shown on the web store, app store, or other distribution point operated by either a Distributor or I Want To Experience. You agree that You will not make any claim against I Want To Experience in regard to any fee or related matter and that Your claim will be solely against the Distributor. You agree to pay any taxes and/or other costs (such as bandwidth, equipment, or other expenses) associated with Your Use of the I Want To Experience Materials.
4. Intellectual Property
You agree that all IP in the I Want To Experience Materials is owned by and/or licensed to I Want To Experience (except as explicitly otherwise stated by I Want To Experience pertaining to specific elements of the I Want To Experience Materials), and that you have no rights in that IP. You agree not to Use any part or element of the I Want To Experience Materials except in connection with the private exhibition of an Experience as contemplated by this Agreement. Except for the non-exclusive rights to view the Experiences (including the right to Use Software in connection with viewing the Experiences), you do not have and do not obtain any IP rights whatsoever in the I Want To Experience Materials or Experiences. You agree not to or attempt to (1) reverse engineer, decompile, disassemble the I Want To Experience Materials; (2) distribute, transfer, sell, lease, sublicense, assign or otherwise make available, directly or indirectly, the I Want To Experience Materials, in part or in whole; (3) copy, reproduce, modify, adapt, translate, or create derivative works from the I Want To Experience Materials; (4) remove any copyright or other proprietary notations from the I Want To Experience Materials; (5) obtain any information about any aspect of the IP in the Experiences and/or I Want To Experience Materials; or (6) extract any portion or element of the I Want To Experience Materials for any purpose whatsoever. In some cases, the Software contains free and/or open source software (“FOSS”), which is identified as appropriate to each license’s terms. You agree to comply with any applicable FOSS terms. In some cases, the Experiences and/or I Want To Experience Materials include the IP of other parties. You agree that you will comply with the rights of such other parties.
5. Updates and Changes
This Agreement may be changed and/or updated from time to time by posting the changes on the I Want To Experience website. You agree to accept such changes unless you (1) stop using any I Want To Experience Materials and/or Experiences at the time of the change and (2) notify I Want To Experience that you reject such changes.
7. Health and Safety
You are solely responsible for the health and safety of owning and operating the User Items and/or the Experience, including the selection of a safe location and set-up. I Want To Experience makes no warranty whatsoever of any kind or nature with regard to the Experiences and/or I Want To Experience Materials including (but not limited to) personal injury, illness or property damage of any kind or type.
You hereby agree to defend, indemnify and hold harmless I Want To Experience, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, Distributors, successors and assigns and other users of the I Want To Experience Materials, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from relating to any breach of this Agreement by you, or from your Use of the I Want To Experience Materials and/or Experiences, except regarding the IP in the I Want To Experience Materials.
9. Limited Warranty and Limitation of Liability
I WANT TO EXPERIENCE ASSUMES NO RESPONSIBILITY FOR THE SELECTION OF THE I WANT TO EXPERIENCE MATERIALS TO ACHIEVE ANY INTENDED PURPOSE, FOR THE PROPER USE OF I WANT TO EXPERIENCE MATERIALS OR FOR THE RESULTS OBTAINED FROM USE OF THE I WANT TO EXPERIENCE MATERIALS. I WANT TO EXPERIENCE LICENSES THE I WANT TO EXPERIENCE MATERIALS, INCLUDING USE OF THE I WANT TO EXPERIENCE MATERIALS, “AS IS.” I WANT TO EXPERIENCE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, I WANT TO EXPERIENCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS OR RELIABILITY OF THE USE OF THE I WANT TO EXPERIENCE MATERIALS OR OTHERWISE RELATING TO THE I WANT TO EXPERIENCE MATERIALS OR ANY MATERIAL ON ANY WEBSITES LINKED TO THE I WANT TO EXPERIENCE MATERIALS. I WANT TO EXPERIENCE DOES NOT WARRANT THAT THE I WANT TO EXPERIENCE MATERIALS WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT THE I WANT TO EXPERIENCE MATERIALS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE I WANT TO EXPERIENCE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, LICENSOR IS NOT RESPONSIBLE FOR THESE COSTS. IN NO EVENT WILL I WANT TO EXPERIENCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD-PARTY SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES WHATSOEVER RESULTING FROM LOST DATA OR THE MISUSE OF DATA OR PERSONAL INFORMATION, HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR OTHERWISE, INCLUDING NEGLIGENCE, INCURRED BY YOU OR ANY THIRD PARTY, IN ANY CASE, REGARDLESS OF WHETHER I WANT TO EXPERIENCE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD-PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT, IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF I WANT TO EXPERIENCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS AND THIRD-PARTY SUPPLIERS UNDER THIS AGREEMENT, OR OTHERWISE IN RESPECT OF THE SUBJECT MATTER OF THIS AGREEMENT, FOR DAMAGES, REGARDLESS OF FORM OF ACTION, WILL BE EQUAL TO THE GREATEST OF (1) CDN $100.00, OR (2) FIVE TIMES THE AMOUNT RECEIVED BY I WANT TO EXPERIENCE FROM YOU IN RELATION TO THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU. THESE PROVISIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Governing Law and Forum
To the fullest extent permitted by applicable law, this Agreement shall be governed by and construed in accordance with the laws of New Zealand. Any actions at law or in equity arising out of or in relation to this Agreement may be filed only in courts located in the New Zealand and You hereby consent and submit to the personal jurisdiction of such courts.
1. “Content” means the images (including moving and virtual reality images), audio, text, logos, and/or any other files and creative output (in any form whatsoever, including any derivatives), other than Software, owned and/or controlled by I Want To Experience.
2. “Distributor” means any business entity which provides distribution of the I Want To Experience Materials and/or collects fees for such distribution (such as, but not limited to, Oculus VR, SONY, YouTube, Microsoft, etc.) in accord with an agreement with I Want To Experience.
3. “Experience” means the virtual reality experience as created by I Want To Experience, including all video, audio, and other elements, and implemented through User Items. Experience includes I Want To Experience Materials.
4. “I Want To Experience Materials” means the Software and Content provided or made available to You, whether by I Want To Experience or by Distributors.
5. “IP” means all intellectual property rights of every type and nature, including (without limitation) all inventions, patents, trademarks, trade secrets, copyrights, moral rights, or other intangible rights.
6. “Software” means the computer code and/or software (in any form) which is used for the creation, delivery and/or exhibition of the Experiences, owned and/or controlled by I Want To Experience.
7. “Use” means to install, use or to possess the I Want To Experience Materials on the User Items.
8. “User Items” means the hardware, software, and other items necessary for the viewing and use of the Experience.