Effective Date: 13 December 2018

Welcome to Liminal!
These Terms of Service (Terms) apply to any Services and Content (defined below) referred to on our websites at www.liminal.app, http://api.liminalvr.com and www.liminalvr.com, and any Services and Content available for general download on any store or distribution platform.

If You engage Liminal to work on a VR / AR / MR project on a commercial basis, these Terms will not apply in respect of that project. For further information, please visit www.liminalvr.com.

1.1 These Terms constitute a binding agreement between you (“You”) and Liminal VR Pty Ltd (“Liminal”, “we”, “us”, “our”). Liminal is pleased to provide You with access to, and use of, the Content and Services.

1.2 Unless expressed otherwise, a reference to these Terms also includes a reference to:

(a) Liminal’s Privacy Policy, found at https://www.Liminalvr.com/privacy; and
(b) any other policies, guidelines or other documents incorporated herein by reference.

1.3 Please read these Terms carefully and in their entirety. If You do not agree to these Terms, do not access or use our Services. By downloading and installing the Service, You signify Your acceptance of and agreement to be bound by the Terms in their entirety.

1.4 If You are using the Services on behalf of any organisation or entity, You represent and warrant that You are authorised to accept these Terms on that organisation or entity’s behalf and that such entity agrees to be bound by these Terms.

1.5 A reference to “Content” in these Terms includes any experiences, text, 3D models, textures, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, data, information, documentation, trademarks, interactive features and other materials or content You may view on, access through, or contribute to the Service.

1.6 A reference to “Services” in these Terms includes any product, software, website, application, tool, data feed, platform, functionality, feature or any other service.

1.7 These Terms are in addition to, and do not replace or change, any other agreements that You enter into with Liminal.

1.8 If You are a Liminal Partner, to the extent that there is any conflict between these Terms and the Partner Agreement (if You are a Liminal Partner), the Partner Agreement shall prevail.

2.1 Individual Licences. If You are an individual, upon downloading the Service, You are granted a non-exclusive, worldwide licence to install and use the Services and Content solely for personal and non-commercial use. Access to certain Services and Content may require an upfront payment, however, this will not guarantee You access to future premium functionality, features or Content. Liminal may, at any stage, make the Services and Content generally available on a freemium basis in which case the free tier will contain certain limitations in the functionality, features or Content that is available on the Service, unless You upgrade by purchasing a subscription to the Service or are granted a subscription to the Service by Liminal.

2.2 Enterprise Licences. If You are an organisation or entity other than an individual, You must not, under any circumstances, use the Service without purchasing a subscription to an enterprise licence. Upon purchasing an enterprise licence, Enterprise purposes includes making the Services and Content available for general use by employees, contractors, patients, students, or other constituent members of Your organisation or entity. For clarity, enterprise licences are required if You are:

(a) an employer making the Service and Content available to Your employees or other staff;
(b) A school, university, college or other organisation making the Service and Content available to students;
(c) A VR Arcade;
(d) A service provider making the Service and Content available to Your client or customer;
(e) A hospital, clinic or other health organisation making the Service and Content available for clinical or therapeutic purposes.

2.3 If You purchase an individual or enterprise licence, You will be granted a non-exclusive, worldwide licence to use the Services and Content for the period of the licence. Individual licences will be granted to You on a per account basis, whereas enterprise licences will be on a per device basis.

3.1 You may be required to create a User Account in order to access and use the Service or some features of the Services or certain Content.

3.2 When creating Your User Account, You must provide accurate and complete information. You are solely responsible for any activity that occurs on Your User Account, and You must keep Your password secure and must not share Your username and password with any other person.

3.3 Liminal will not be liable for loss or damage You incur as a result of any unauthorised use of Your User Account.

3.4 Liminal may disable access to Your User Account at any time and without notice if we determine that You have not complied with or violated these Terms. We will not incur any liability or responsibility if we choose to remove, disable or delete such access or ability to use the Services.

3.5 The Services are intended solely for users who are aged 13 or older. We do not knowingly collect or solicit personally identifiable information from children under 13. If You are under the age of 13, please do not attempt to create a User Account or send any personal information about Yourself to us. If we learn that You are under the age of 13, we will disable Your User Account and delete that information as quickly as possible.

4.1 Any permission to download, access or use the Service or Content is granted by Liminal to You on the proviso that You do so in accordance with these Terms and do not:

(a) access this Service or Content for any illegal or unauthorised purpose;
(b) make available or distribute any part of the Service or the Content in any medium to a third party without Liminal’s prior written approval, unless Liminal makes available the means for such distribution through functionality offered by the Service;
(c) use or attempt to use another person’s User Account without authorisation from that user;
(d) collect or harvest any personally identifiable information, including account names or data, from the Service;
(e) access or make any Content available through any technology or means other than via the Service or other explicitly authorised means that Liminal may designate;
(f) use the Service for any commercial purposes unless You obtain Liminal’s prior written approval or if You are a Liminal Partner in accordance with the Partner Agreement, including:

(i) the sale, licensing, renting or otherwise exploiting the Service or Content delivered via the Platform or elsewhere; or
(ii) the sale of advertising, sponsorships, or promotions placed on the Service or Content

(g) If You are an organisation, entity or service provider, make the Service or Content available to any person for enterprise purposes without obtaining an enterprise licence authorising You to do so;
(h) circumvent, damage, disable, overburden or impair the functionality of the Services in any manner, or attempt to do so, including:

(i) use IP proxying or other methods to disguise the place of Your residence;
(ii) using any robot, spider, crawler, scraper, offline reader or other automated means or interface not provided or authorised by us to access the Services or to extract data; or
(iii) using any other automated means that accesses the Service in a manner that sends more request messages to the Liminal servers in a given period of time than what a human can reasonably produce in the same period through use of the Service by a conventional means;
(iv) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third parties; or
(v) infringe upon or violate the rights of Liminal, our partners, users or any third party;

(i) download, store, copy, reproduce, publish, stream, distribute, transmit, broadcast, or display the Services or any Content in a manner not authorised by Liminal;
(j) adapt, modify, decompile, reverse-engineer, disassemble, decrypt, or prepare derivative works, whether based upon the source code of the Service or otherwise, or attempt to do any of the foregoing; or
(k) violate these Terms or do anything unlawful in connection with Your use of the Service.

5.1 You agree that, from time to time and in its absolute discretion, Liminal may automatically download and install update or upgrade some of the software that You obtain through the Service or provide You with new software to keep the Services functioning properly or to improve the Service. This could include bug fixes, patches, new versions and the addition, modification or removal of features, software modules, plug-ins, or Content updates. You agree to receive such updates and upgrades and consent to Liminal delivering these to You.

5.2 Liminal reserves the right to discontinue or disable any aspect of the Service or Content at any time.

5.3 Certain hardware, equipment and software may be required to access and use the Services. We make no guarantees that any hardware, equipment or software we currently support will continue to be supported in the future.

6.1 You understand that when using the Service You will access Content developed by third parties (Third Party Content).

6.2 Liminal assumes no responsibility for and expressly disclaims any and all liability for Third Party Content.

6.3 You acknowledge and agree that any opinion, views, claims, representations, recommendation or advice expressed within any Third Party Content are not provided by Liminal.

6.4 Liminal is not responsible for any Third Party Content which You or any other person finds offensive, inappropriate, obscene, unlawful or otherwise objectionable. Liminal does not endorse or provide any guarantees, representations or warranties in relation to such Third Party Content and is not responsible for the accuracy, usefulness, efficacy, safety, or intellectual property permissions of or relating to such Third Party Content.

6.5 We have no obligation to screen, edit, monitor or curate Third Party Content, however, we do reserve the right, and have absolute discretion, to remove Third Party Content at any time and for any reason.

6.6 You acknowledge and agree that the Service may contain links, information or connections to third party websites, applications, goods, services and advertisements that are not owned or controlled by Liminal (Third Party Services). Liminal does not represent that it has reviewed Third Party Services and has no control over them, provides no endorsement for them, and assumes no responsibility for the content, accuracy, quality, fitness for any particular purpose, merchantability or any terms and conditions, privacy policies, practices or opinions, of any Third Party Services.

7.1 As part of the Service, we will collect and display data and ratings for Content based on feedback provided by You and other users. This data may be displayed to users on an aggregated basis. The purpose of ratings is to measure the psychological effects of Content on the Service, the enjoyability of Content on the Service, to rank Content, or for research purposes. The way we collect, measure and rank this data may change from time to time.

7.2 Liminal makes no representation or warranty that:

(a) any standardised user rating scale used on the Service represents the totality of evidence available to determine the efficacy of Content;
(b) Content that is effective for some users will necessarily be effective for others;
(c) any views, observations or opinions made by Liminal in relation to any Content on the Service or any methodology used in the development of the Content is accurate or complete; or
(d) Content is appropriate for or has been tested for any particular clinical, therapeutic or medical condition.

7.3 If You are seeking treatment for a particular medical or psychological condition, we recommend that You seek professional help.

8.1 To the maximum extent permitted by law, under no circumstances, in no event and under no legal theory (whether based on warranty, contract, tort, negligence, strict liability or any other legal theory) shall Liminal, its related entities, affiliates, officers, directors, employees, contractors, partners, agents, licensors, licensees or suppliers be liable to You or any other person for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind whatsoever (whether known or unknown), including damages for loss of revenue, loss of profits, or loss of goodwill, or relating to inaccuracy of results, hardware failure or malfunction, or loss, corruption or unauthorised access to data or personal information or financial information, or any death, personal injury, or property damage of any nature whatsoever, or any infringement of any copyright, trade mark, patent or other intellectual property, arising out of, or in connection with, or resulting from, any:

(a) access to or use of the Service or Content by You or any other person;
(b) Content which You find offensive, objectionable, indecent or not fit for the purpose of Your intended use;
(c) unauthorised access to, or modification, corruption, use or disclosure of, any data or information contained in our servers, including any personal information, financial information or other types of data or information stored therein;
(d) interruption or cessation of transmission to or from our Services;
(e) defamatory, offensive or illegal conduct by You or any third party;
(f) bugs, viruses, trojan horses or the like which may be transmitted to or through our services by any third party,
(g) transaction made through or in relation to the Service;
(h) actions taken by Liminal in accordance with these Terms, Partner Agreement, Privacy Policy, or any other policy, documentation or guidelines referenced herein;
(i) loss or damage of any kind incurred as a result of Your use of any Content made available via the Services.

8.2 You acknowledge and agree that Liminal provides the Services and Content “as is” and that Your use of the Service and Content is at Your sole risk and that the risk of harm or damage rests entirely with You. We attempt to be as accurate, safe and secure as possible and to eliminate errors in relation to our Services. However, we do not represent, guarantee or warrant that any Service, Content, descriptions or other information relating to any Service or Content are or will be accurate, complete, secure, reliable, current, error-free, bug-free or virus free.

8.3 To the fullest extent permitted by law, Liminal, its officers, directors, employees and agents disclaim all warranties or conditions (whether written, oral or implied) in connection with the Services and Your use thereof, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Liminal makes no warranties, claims or representations about the accuracy or completeness of the Service, the Content and disclaims all liability thereto.

8.4 You hereby release Liminal from any and all such liability and waive any legal or equitable rights or remedies You have or may have against Liminal with respect to the matters set out in this clause.

8.5 If You access or use the Service from other jurisdictions, You do so at Your own volition and You are responsible for compliance with local laws.

8.6 You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Liminal and You. You understand that the Service would not be provided without such limitations.

8.7 Notwithstanding any of the above and taking into account the totality of this clause and these Terms, if Liminal is found to be liable in relation to the matters set out in this clause, Liminal’s liability will be capped at total amount paid by You to Liminal in connection with the Service in the 12 months preceding the applicable claim, or $100 AUD (whichever is the lesser amount). Additionally, You and Liminal agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrued. Otherwise, such cause of action is permanently barred.

9.1 To the fullest extent permitted by law, You agree to defend, indemnify and hold Liminal (and any respective directors, officers, employees, agents and representatives), its related entities, partners, owners, operators, licensors, licensees, contractors and affiliates, harmless from and against any and all claims, demands, actions, damages, obligations, losses, liabilities, costs, debt, expenses (including but not limited to any legal fees), interest, judgments, determinations, penalties, of any kind (Claims) caused by, arising from or out of, or relating to (whether directly or indirectly):

(a) Your purchase or use of, or access to, or inability to use the Service;
(b) any actual or alleged violation of these Terms by You;
(c) any wrongful or improper use of the Services by You;
(d) any use of Your User Account by a person other than You;
(e) any actual or alleged violation or infringement by You of any rights of any third party, including without limitation any copyright, trade mark, intellectual property, property or privacy right;
(f) any actual or alleged violation by You of any applicable law anywhere in the world; or
(g) any matter falling within the scope of any limitation of liability under these Terms.

9.2 If You are an enterprise or legal entity, this indemnity also applies to the extent that the Claims are caused by, arise from or out of, or relate to (whether directly or indirectly) the matters set out in clause 9.1 insofar as they apply to Your end users.

9.3 This defence and indemnification obligation will survive these Terms and Your use of the Service.

10.1 The Services and Content are the property of Liminal or our licensors or Liminal Partners and are protected by copyright, trademark and other laws. All trademarks, service marks, logos, trade names, Content, Services and other intellectual property displayed in conjunction with the Services or Content are owned by or licensed to Liminal and may not be used without permission of the applicable owner.

10.2 “Liminal” and Liminal’s logo are trademarks of Liminal VR Pty Ltd. Liminal’s marks, logos and brand elements may not be copied, imitated or used, in whole or in part, without prior written permission of Liminal, including as authorised by any applicable brand guidelines.

10.3 Neither these Terms nor Your use of the Services grants You ownership in the Services or the Content You access or contribute to through the Services.

10.4 You must not amend, modify, remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.

10.5 Liminal respects the rights of intellectual property owners and does not permit activities which constitute infringement of copyright or any other intellectual property right. We will remove without prior notice any Content that we suspect infringes on another person’s copyright or intellectual property rights. We do not manually screen Content for intellectual property infringement before making them available on the Service. Please help us by letting us know straight away if You feel that Your copyright or other intellectual property rights are being infringed.

11.1 Liminal’s Privacy Policy is available at https://liminalvr.com/privacy and is incorporated into these Terms and sets forth how we treat Your personal information and data when You are using the Service. We encourage You to read and familiarise Yourself with Liminal’s Privacy Policy.

11.2 By downloading or installing the Service, or registering a Liminal Account for the Service, You authorise the collection and use of personal information by Liminal in accordance with Liminal’s Privacy Policy.

11.3 You may be asked to submit data or information to the Service and the Service may collect data or information about You. This data will be owned by Liminal and will be handled in accordance with Liminal’s Privacy Policy.

12.1 Subscriptions. Some of our Services are billed on a subscription basis. This means that You will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan You select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless You cancel auto-renewal through the Service. While we will be sad to see You go, You may cancel auto-renewal on Your Subscription at any time, in which case Your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on Your Subscription immediately after the Subscription starts if You do not want it to renew.

12.2 In App Purchases. Your purchase of a virtual item, in-game currency, additional or enhanced functionality or Content within the Service is a payment for a limited, non-assignable licence to access and use such items. These items are not redeemable or subject to refund. We may modify or discontinue them at any time without notice.

12.3 Taxes. If Your purchase or use of the Services is subject to any type of goods and service tax, value-added tax, duty or other governmental tax or fee (Taxes), then we may charge You for those Taxes. You are responsible for any Taxes due with respect to Your use of the Services.

12.4 Pricing and payment. We may accept various forms of payment, including payment by credit cards and debit cards made through third party payment services. Additional terms with Your payment provider may apply. By submitting an order for payment, You acknowledge that You are authorised to use the designated payment method, and You authorise us to charge Your order to that payment method. When You provide Your payment information, You authorise us (or a third-party payment processor) to process and store Your payment and related information. Liminal may utilise an agent, subsidiary or affiliate to process payment. In the event that the payment method that You designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel Your order. You are responsible for resolving any problems that we encounter in order to proceed with Your order. Prices are subject to change without notice. To the extent that Liminal changes the fees charged for a subscription, we will notify You of the change and the change will become effective only at the end of the then-current billing cycle of Your subscription.