This document is available only in English
The following terms and conditions govern all use of the immersive-app.com website (“the Website”) and all content, services, and products available at or through the Immersive Website (taken together, “our Services”).
Immersive Website and Services are operated by Immersive, Rue Fendt 1, 1201 Genève, Switzerland.
Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Immersive's Privacy Policy for personal data) and procedures that may be published from time to time by Immersive (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services.
Use of our Services requires a immersive-app.com account. You agree to provide us with complete and accurate information when you register for an account as outlined below.
Immersive Account
You become a User by creating a User account on immersive-app.com.
When you create a User account, you are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the content.
You must immediately notify Immersive of any unauthorized uses of your content, your account, or any other breaches of security. Immersive will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
User's Responsibility
Responsibility of Users and Organizers. You will be solely responsible and liable for any activity that occurs under your name. You are responsible for keeping your password secure.
Responsibility of Contributors. A Contributor is a User uploading or posting any material, code, data, links or other information (or allowing any third party to make such uploads) (“Content”). You are entirely responsible for the Content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, data, photo, video or audio.
By using immersive-app.com, you represent and warrant that your Content and conduct do not violate this Agreement or the guidelines published on immersive-app.com. You acknowledge and agree that your Content is not confidential and you represent and warrant that your Content may be publicly displayed and shared openly.
You further represent and warrant that your Content and your use of the Services comply with all applicable laws (e.g. criminal laws, data protection laws) and do not infringe on third parties’ rights (including copyrights, database rights, trademark rights, patent rights, license rights and personal rights).
In particular, you will not upload, post, host, or transmit any Content that:
- is unlawful or promotes unlawful activities;
- violates any personal data protection and/or privacy laws;
- is defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- infringes on any proprietary right of any party (including copyrights, database rights, trademark rights, patent rights, license rights, and personal rights);
- violate any agreement you have with third parties (including confidentiality agreements).
Without limiting any of those representations or warranties, Immersive has the right (though not the obligation) to, in Immersive's sole discretion, (i) refuse or remove any Content that, in Immersive's reasonable opinion, violates this Agreement, any Immersive policy or is in any way harmful or objectionable, and/or (ii) terminate or deny access to and use of immersive-app.com to any individual or entity having posted any such Content, and terminate your account.
Indemnification. You shall indemnify and hold Immersive, its suppliers and licensors harmless against any claims and damages arising from your unlawful use of our Services or any violation of this Agreement.
Licensing of your Content
License to Immersive. By uploading Content to the Immersive Website or Mobile Applications, you grant Immersive a world-wide, perpetual, royalty-free, and non-exclusive license to reproduce, modify, adapt, copy, store and publish the Content solely for the purpose of displaying your Content and allowing Immersive to operate the Website and the Services. This license allows Immersive to make your Content publicly available on Immersive Website. If you delete Content, Immersive will use reasonable efforts to remove it from immersive-app.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Other Content – Creative Common License. You shall post any Content on Immersive (other than software) only under the following Creative Commons License : Attribution 4.0 International (CC BY 4.0).
Immersive reserves the right to delete any of your Content that is not published under Creative Commons license or even to terminate your account.
Copyright Infringement
As Immersive asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by immersive-app.com violates your copyright, you are encouraged to notify at info@immersive-app.com. Immersive will examine all such notices and as required or appropriate will remove the infringing material or disabling all links to the infringing material. Immersive will terminate a User's access to and use of the Website if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Immersive or others. In the case of such termination, Immersive will have no obligation to provide a refund of any amounts previously paid to Immersive and reserves any other remedy provided by law.
Intellectual Property
This Agreement does not transfer from Immersive to you any Immersive or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Immersive. Immersive, immersive-app.com, the immersive-app.com logo, and all other trademarks, service marks, graphics and logos used in connection with immersive-app.com or our Services, are trademarks or registered trademarks of Immersive or Immersive's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Immersive or third-party trademarks. So, you shall not reproduce, copy, sell, resell or exploit any portion of the Services or the Website.
Changes
We are updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on immersive-app.com, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services and terminate your account within the designated notice period. For any modification, our continued use of our Services constitutes agreement to our revisions of these Terms of Service.
Termination
Immersive may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your immersive-app.com account (if you have one), you can cancel your account at any time by going into your account settings. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is.” Immersive and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Immersive nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability
In no event will Immersive, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data;. Immersive shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
If you have a dispute with one or more other Users, you agree to release Immersive from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Should Immersive liability limitations not be enforceable under because of imperative law, then the maximum liability of Immersive in connection with the Services shall be limited to the smaller of the amount paid by the User over the last six months or five hundred Swiss francs.
Indemnification
You agree to indemnify and hold harmless Immersive, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement. In addition, if you are an Organizer, you agree to indemnify and hold harmless Immersive, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of any challenge you run on the Website.
If you have a dispute with one or more Users or Organizers, you agree to release Immersive, its contractors, and its licensors, and their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Translation
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Legal Notices
Legal notice to Immersive must be in writing and served to : Immersive, Rue Fendt 1, 1201 Genève Switzerland with a copy to info@immersive-app.com.
Governing Law – Place of Jurisdiction
Except to the extent applicable law provides otherwise, this Agreement between you and Immersive, and any access to or use of the Website or the Services are governed by Swiss law, without regard to conflict of law provisions. The cantonal court of the Canton of Geneva located in Geneva, Switzerland, shall have exclusive jurisdiction for any dispute and claim arising in connection with this Agreement and/or in connection with the use of the Website or our Services.
Last updated: 1 January 2021