No individual under the age of thirteen (13) may use the Services, or provide any personal information to WhooshVR™. By accessing or using the Service you represent and warrant that you are 13 or older.
If, during the warranty period, you discover that the Product is defective, you may be eligible for warranty service. To obtain warranty service, please contact our Customer Support for a Return Material Authorization number (RMA) by going to Return Material Authorization page. You will be required to provide your name, a copy of your purchase receipt and a description of the problem. Bring or ship the Product prepaid in the original container to the following address: 1409 South Lilac Avenue Bloomington, CA 92316
3. Account Registration
As a condition to using certain features of the Service, you may be required to create an account (“Account”) and select a username and password. You agree to provide WhooshVR™ with accurate, complete and updated registration information during the registration process and you agree to keep this information current. WhooshVR™ reserves the right to suspend or terminate your Account if any information provided proves to be inaccurate, not current or incomplete. You are also responsible for maintaining the confidentiality of your Account password. For the security of your Account, you will notify WhooshVR™ immediately of any actual or suspected loss, theft or unauthorized use of your Account or Account password.
4. Ownership and Trademarks
WhooshVR™ is the brand name for 3D Vision Technologies Limited. The trademarks, logos, and service marks shown on this site are registered trademarks of WhooshVR™. Nothing on this site shall be interpreted as granting any license or right to use any image, trademark, logo, or service mark on this site. WhooshVR™ reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law.
5. WhooshVR™ Content and Limited License
6. Prohibited Uses
You agree not to do any of the following:
- Upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose any information that would constitute a violation of any confidentiality obligations you may have;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
- Upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Use any manual or automated software, devices, or other processes to “crawl”, “spider” or “screen scrape” any web pages contained on the Website;
- Obtain, collect, store or modify the personal information about other users or distribute such information to third-party entities for marketing purposes;
- Use the Website to violate any applicable local, state, national, or international laws or regulations;
- Encourage or enable any other individual to do any of the foregoing.
The Services may provide links or references to non-WhooshVR™ websites and resources. WhooshVR™ makes no representations or warranties regarding any other website or third-party resources that may be referenced, accessible from, or linked to the Website. A link to a non-WhooshVR™ website does not mean that WhooshVR™ endorses the content or use of such website, and you acknowledge that WhooshVR™ is not responsible or liable for any content, services, products, or other materials available from such websites or resources. It is your responsibility to evaluate the content and usefulness of information obtained from other sites. WhooshVR™ expressly disclaims any liability arising in connection with your use of any websites or other material associated with links that may appear on the WhooshVR™ website.
You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services (“Feedback”) will be the sole and exclusive property of WhooshVR™ and you hereby irrevocably assign to WhooshVR™ all of your right, title, and interest in and to all Feedback.
9. Special Promotions
WhooshVR™ may from time to time provide certain promotional opportunities, sweepstakes and contests through the Services. All such promotions will be run at the sole discretion of WhooshVR™ and can be activated, modified or removed at any time by WhooshVR™ without advance notification. You are responsible for reviewing the terms and conditions of such promotions as they may contain important information about WhooshVR™’s rights to and ownership of user submissions.
10. Changes to this Agreement
11. Termination and Account Cancellation
If you breach any of the terms and conditions of these Terms, WhooshVR™ has the right to suspend or disable your access to or use of the Services. WhooshVR™ reserves the right to revoke your access to and use of the Services at any time, with or without cause. You may cancel your Account at any time by sending an email to: info@WhooshVR.com.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WhooshVR™ MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES, PRODUCTS, APPS, OR MATERIALS AVAILABLE (“MATERIALS”) WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES, PRODUCTS, APPS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, PRODUCTS, APPS, OR MATERIALS WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SITE, SERVICES, PRODUCTS, APPS, MATERIAL, OR OTHER INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SERVICES, APPS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
You agree to defend, indemnify and hold harmless WhooshVR™ and its affiliates from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting from your violation of the Terms.
14. Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. WhooshVR™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST INCOME, LOSS OF DATA OR LOSS OF USE ARISING OUT OF THE USE OR THE INABILITY TO USE THIS WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY OR OTHERWISE, EVEN IF WhooshVR™ HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
The trademarks appearing on this Website are primarily trademarks of WhooshVR™ or its affiliates. Other trademarks displayed on the Website are trademarks of their respective owners. Nothing contained on this Website should be construed as granting any license or right of use of any trademark displayed on the Website without express written permission of WhooshVR™, relevant affiliate or third party companies.
16. Controlling Law
17. Entire Agreement
18. Assignment to Third Parties
WhooshVR™ may assign its rights and its obligations under this agreement to any third party at any time, with or without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of WhooshVR™. You may not assign this agreement, in whole or in part, to any third party without prior written consent of WhooshVR™.