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Terms and Conditions

Welcome to SideQuest VR! Please read these Terms and Conditions (“Terms,” “Terms of Use,” “Terms and Conditions”) carefully before using the sidequestvr.com website and any associated mobile and software applications on which these Terms are posted (together, or individually, the “Service” or “Website”) operated by SideQuestVR Ltd. (“SideQuest VR,” “us,” “we,” or “our”). “You” or “Your” refer to “Gaming Users” who are playing games, commenting on our forums, and/or making purchases on our site, “Publishers” who are listing games (including both the individual user posting the games and any company or business identified in the job posts), or any other users who are accessing or using the Service.

These Terms constitute a legally binding agreement between SideQuest VR and you concerning your use of the Service and contain important provisions affecting your rights, including by requiring arbitration of claims on an individual, rather than class wide, basis, as outlined below. We encourage you to print these Terms or save them to your device or computer for reference. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and to use the Service in a professional manner using real information and as intended by the Service. If you disagree with any part of the Terms then you do not have permission to access the Service. By accessing or using the Service you also agree to be bound by the separate Privacy Policy, which is incorporated herein by reference.

Eligibility

You must meet the age requirements discussed below to visit or use the Service and, if using the Service on behalf of a company or employer, authorized to act for and bind, and hereby do bind, the company or employer to these Terms.

You may not access or use the Service if you are under the age of 13, regardless of where you live. In most cases, you may access and use the Service if you are at least 13. For example, this is true if you live in the United States, Canada, the United Kingdom, or in a part of the European Union where the age of consent is 13 (such as Spain, Denmark, or Poland). However, you must be at least 16 to use the Service if you live in a part of the European Union where the age of consent is 16 (such as Germany, Hungary, or the Netherlands). In some cases, we have limited access to the Service to users who are at least 18. For example, you must be at least 18 to use the Service if you live in Brazil, China, or India.

When you access the Service and/or create an account, we will use location data to determine where you live, and you will be asked to provide your date of birth. As a condition of using the Service, you warrant that any information you provide regarding your date of birth will be accurate, and that you will not attempt to mask or modify your location data to suggest that you are accessing the Service from a different location. We may require you to take additional steps to prove your age if we determine, in our reasonable discretion, that you may have inaccurately represented your age or location. If at any time we discover that a user under the permitted age for that user’s jurisdiction has accessed the Service, we may immediately terminate that user’s account.

Disclaimer for Third-Party Content

Our Service enables you to access games and community content, most of which is created by third parties. Unless specified otherwise, we do not create the games that appear on our Service. Gaming Users may also download gaming titles and post reviews, questions, and more, and Publishers may post game listings, through the Service. If you select a game posting that redirects to an external third-party website, you will be redirected to that website for more information. If a Developer has posted a game using the Service, you may review and download that game as outlined below. You acknowledge and agree that we are a listing service only and have no responsibility for the content or accuracy, completeness, or lawfulness of the listings or the games they may describe. You are solely responsible for investigating the games you choose to select. We may review Publisher games and posts made by other users in its discretion, but it is not responsible for screening or censoring third-party game listings or content. SideQuest VR does not control the game development process or communications between consumers and any third-party developers or publishers. SideQuest VR makes no representations or warranties regarding any third-party content, including game listings. Under Section 230 of the Communications Decency Act (and similar laws), SideQuest VR is a platform service and not the publisher or speaker of any third-party content.

Dispute Resolution and Mandatory Arbitration

Customer Service. We encourage you to seek resolution of any “Claim” by first contacting us at the contact information below. “Claim(s)” means any dispute of any kind between you and us, or any of our owners, officers, managers, directors, employees, agents, partners, suppliers, consultants, representatives, affiliates, successors, or assigns (collectively, “Company Entities”) related to or arising out of these Terms, the Privacy Policy, or the Service. If we cannot reach an informal resolution, the arbitration provisions below will govern.

Binding Arbitration and Waiver of Class Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO RESOLVE ALL CLAIMS AGAINST EACH OTHER OR AGAINST COMPANY ENTITIES BY BINDING ARBITRATION IN NEW CASTLE COUNTY, DELAWARE BEFORE ONE ARBITRATOR. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION OR REPRESENTATIVE CAPACITY. YOU ACKNOWLEDGE THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION. EACH PARTY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY OR TO A CLASS ACTION.

If you are a U.S. resident, this arbitration provision will be governed by the Federal Arbitration Act and federal arbitration laws. The arbitration shall be administered by JAMS pursuant to its “Streamlined Arbitration Rules and Procedures,” or another arbitrator or arbitral forum if JAMS is unavailable, and the arbitrator shall apply Delaware laws. For more information, see http://www.jamsadr.com. The arbitration may be conducted in person or via document submission, telephone, or email, but the arbitration location shall be in the county where you reside. Upon request, or if you show that arbitration fees would be cost prohibitive, we will pay your initial consumer arbitration fee of $250 to JAMS. Notwithstanding this arbitration provision, you may assert a Claim on an individual basis in small claims court if the Claim seeks $2,500 or less. 

If you reside outside the United States and bring a Claim outside the United States, the laws may allow you to bring a Claim where you reside or may not permit you to consent to arbitration. For example, if you are a consumer and habitually reside in a Member State of the European Union or the United Kingdom, the laws of that Member State or the United Kingdom (as applicable) will apply to any Claim and the Claim may be resolved in any competent court in that country that has jurisdiction over the Claim. In all other cases, you agree that the Claim must be resolved as described in these Terms. 

For residents outside of the U.S., except where specifically otherwise prohibited by law, you agree that your dispute will be governed by the London Court of International Arbitration (the “LCIA”), and that you will be subject to the most current version of these rules as of the time when the notice of arbitration is submitted. Information about the LCIA’s rules can be found at: https://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration.aspx. The arbitrator may award the same damages or other relief available in court. Nothing herein shall limit rights to seek a public injunction if allowed by law. If any provision of this arbitration agreement is found to be invalid or unenforceable, that provision shall be severed with the remaining provisions continuing in full force and effect. This arbitration agreement shall survive termination.

Provisional Remedies, Venue. THIS AGREEMENT TO ARBITRATE DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING TO A COURT FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION, INCLUDING TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN NEW CASTLE, DELAWARE. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN NEW CASTLE, DELAWARE.

Choice of Law. If you are not a U.S. resident, the laws of England and Wales (also known as English Law) shall apply, without regard to English Law’s conflict of law rules. If you are a U.S. resident, THESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN NEW CASTLE COUNTY, DELAWARE AND SHALL BE GOVERNED BY DELAWARE LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. While SideQuest VR reserves the right to remove content from the Service, such as for errors or violating these Terms, it does not assume any obligation to do so and disclaims any liability for failing to do so.

Accounts and Features

General. If you create an account, you warrant that your information is accurate and authorized. If you have an account for both Gaming User and Publisher capabilities, you may switch between your account modes in your settings. You are solely responsible for your account activity, including any game listings or downloads, purchases, and ensuring that you are legally permitted to play any games you identify; you must notify us of suspicious or unauthorized account or other activity relating to the Service, and we disclaim all liability for use of your account. You are responsible for all activity related to your account, and you should not share login credentials. We retain the right to terminate or suspend your account or remove your content, such as if you violate these Terms or any applicable laws.

Gaming Users. Unless Gaming Users are redirected to a third-party website, they will be requested to provide their name, payment information, and other information, which will be provided as necessary to the relevant Publisher. You should ensure that your contact information, payment information, and any content that you provide are all accurate and complete, and that they do not contain any sensitive personal information or content that you do not want disclosed. You should also review the laws of your country of residence to ensure that you are legally able to download and play the game in question.

Publishers. Publishers may list games through the Service, either through their account, a third-party aggregator, or by contacting us directly. Publishers agree to provide all required information to post a game, including information about the game’s MPAA rating, any applicable warnings about the game (such as if it causes a risk of seizures in players with epilepsy), and agree that all game postings will comply with these Terms and all applicable laws, including in the jurisdiction where the game is downloaded and to be played and where you are located. Game listings will be promptly (but not immediately) posted and may be reviewed and/or removed for violation of these Terms. Publishers may choose to have Gaming Users redirected to an external URL provided by the Publisher. If Publishers use a SideQuest VR account, they may log in to view, edit, and close their game listing, view receipts for purchased games, and view drafts of game listings before posting. In our discretion, we may share game listings with our partners for purposes of further publication of the respective game listing. Publishers agree to only use Gaming User information obtained through the Service in strict confidence for the sole purpose of providing the game in question. Publishers may not sell or disclose user information, including payment information, to third parties or “spam” or contact Gaming Users for purposes other than fulfilling the game order. Publishers further agree to implement appropriate measures to prevent unauthorized or illegal processing of consumers’ personal information, to protect such information against loss or damage, and to comply with applicable data privacy and security laws and standards, including by posting an accurate privacy policy on any websites that redirect from the Service and maintaining reasonable data security protocols to protect Gaming User data. If you are using the Service on behalf of a business that provides evidence that you are not authorized to act on its behalf, we may remove you from associated accounts.

Game Lists/Wish Lists. As part of the Service, you may be able to create, use, edit, and publicize “Game Lists” and/or “Wish Lists” with available titles through your account. You are also solely responsible for your activity relating to Game Lists and Wish Lists and warrant that all your actions are lawful and authorized, including as a list owner or collaborator, and including if you invite other users, opt in to share the Game List or Wish List through a public link, or view or edit content, and we disclaim all liability for use of any Game List or Wish List. For more information, see our Privacy Policy.

Prohibited Activities

General. In using the Service you agree not to: (i) copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online website; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; (vi) upload invalid data, viruses, worms, or other software agents through the Service; (vii) collect or harvest any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (viii) use the Service for any commercial solicitation purposes without our express prior consent; (ix) impersonate another person or otherwise misrepresent your affiliation with a person or entity, including in creating and using an account, conducting fraud, hiding, or attempting to hide your identity; (x) interfere with the proper working of the Service; (xi) access any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) create, use, edit, or publicize an account or any content, including a game listing, review, or forum post without proper authorization; (xiv) provide any false, misleading, or unlawful information to us or in connection with the Service; (xv) use the Service in any way that violates these Terms or any applicable law, infringes the rights of third parties, or constitutes fraud, abuse, or harassment; or (xvi) use or monitor the Service for any competitive commercial purpose.

Gaming Users. Gaming Users further agree to only purchase games using real, accurate payment information and to only use the Service in compliance with these Terms and all applicable laws. By purchasing a game using the Service, Gaming Users consent to their transaction information being shared with third parties as necessary to complete and service the transaction.

Publishers. Publishers further agree to comply with all requirements for game listings, as outlined in these Terms, and with all applicable laws.

Game Listings

Publishers may only post listings for bona fide games in fully finished form, except when specifically posted as part of our rewards program. Publishers agree they have all appropriate intellectual property and other rights to post content using the Service, including to any trademarks, logos, and copyrights, and to provide any licenses outlined in these Terms. Publishers should use easily understandable language and describe the games, maturity rating, content, price, and features. Publishers agree to not post any games if the game or listing will violate these Terms or any applicable laws. In particular, Publishers may not use the Service to post the following:

  • Listings where any of the game’s content violates any anti-discrimination, data privacy, or intellectual property laws or standards;
  • Gambling games that involve the exchange of real-world currency for a chance to win;
  • Games which encourage or incite users to engage in self-harm, sexual violence, incest, bestiality, or any other illegal conduct in the real world;
  • Games which utilize loot boxes, except where downloads are restricted by geographic region to locations where loot boxes are permitted;
  • Games which are actually advertisements;
  • Games which require users to void the warranty of their gaming system or to otherwise bypass security measures by the systems’ manufacturers’
  • Infringing content or content that you do not have permission to share;
  • Games which include requirements for individuals to forward sensitive personal information;
  • Games which contain malware, viruses, ransomware, or any other software designed to compromise the gaming system;
  • Listings aimed at or collecting information about children;
  • Solicitations for businesses or business opportunities;
  • Solicitations for sexually-oriented services or goods;
  • Games that contain any false or misleading information; or
  • Listings seeking to collect contact information for resale or any purpose other than for playing the game.

If you are a Publisher posting a game listing through the Service, it is your responsibility to ensure that your listing and game job comply with all applicable laws. This explicitly includes, but is not limited to, obtaining age verifications from users prior to allowing them to play, and to implementing safeguards to protect minors from exposure to content intended for adults. Publishers agree that they are solely responsible for any liability arising out of their game listing and any material arising out of such posting, including email responses or links to which Gaming Users are redirected, and that they will defend and indemnify SideQuest VR for any related claims as outlined below. Anyone posting a game listing through the Service agrees to comply with these Terms on behalf of themself as well as the game publisher they represent and to defend and indemnify SideQuest VR for any game listing.

Game listings are subject to review, including for compliance with these Terms and for viruses or other harmful content, and subject to rejection and removal. However, SideQuest VR is under no obligation to review or take action against any content and has no liability for third-party content.

Publishers agree that SideQuest VR may be unable to remove game listings and other content (including intellectual property) once they have been distributed to the public, including to partners for listing games or search engines.

Children

Virtual reality gaming carries some risk of injury and illness. We do not manufacture virtual reality devices, and we have no ability to monitor or control activity on virtual reality headsets. If you are under the age of 18 in a jurisdiction where you are still allowed to use the Service, or if you are an adult using the Service to locate games for a child under the age of 18, you should pay particular attention to some of these risks, and discontinue use of your virtual reality headset if any of them occur.

Motion Sickness

Playing any of the games appearing on our Service may cause motion sickness in some players. If you or your child feels dizzy or nauseous while playing, you should immediately stop and rest. Avoid operating any heavy machinery or engaging in any other strenuous or dangerous activities until you feel better.

Epileptic Seizure

Certain individuals may be susceptible to epileptic seizures or loss of consciousness while playing on a virtual reality headset. If you or anyone in your family (or your child’s family) has ever experienced epilepsy symptoms or been diagnosed with epilepsy, you should consult with your doctor before playing any virtual reality game.

Safety while Playing

Make sure any area where you are playing is free from obstacles, and that you are not playing near any stairs or edges from which you could fall. Virtual reality headsets restrict your ability to see your surroundings, and a play area that starts off as safe may become unsafe as conditions change. You should periodically take a break to make sure you still have an unobstructed play area. The amount of space you need to play the game will vary depending on the game. You should carefully read the warnings provided by each game’s developer for more information about how much space is needed.

Need for Breaks

Most virtual reality headset manufacturers provide guidance on how long you can safely play on their device before you should take a break. You should carefully review this guidance before playing. Playing for too long, especially uninterrupted, can risk injuries including eye strain, muscle soreness and weakness, and more. In addition to taking regular breaks as recommended by the manufacturer, you should wait at least a few hours before resuming play if you begin to experience any of these symptoms.

Assumption of Risk

SideQuest VR is not responsible for reviewing third-party content, including Publisher or Gaming User content. You accept that, by using the Service, you may be exposed to content that is inaccurate, incomplete, misleading, offensive, or contrary to your needs or applicable laws; and you understand that there are risks when dealing with other parties online. You assume those risks and all risks of using the Service. It is your responsibility to conduct your own due diligence, including through reading any reviews and research, and you are solely responsible for your interactions with other users, for your decision to purchase and/or download a game or modification, and for determining compatibility with your device. When you follow a link to a third-party website, you do so at your own risk. Further, SideQuest VR is not responsible for storing or maintaining any information, subject to applicable laws, and you should make and keep copies of your own data.

Intellectual Property

SideQuest VR’s Service, logos, websites, domains, text, graphics, software, images, trademarks, copyrights, content and features, functionality, source code, arrangement, and other parts of the Service, exclusive of user or third-party content, are the exclusive intellectual property of and owned by SideQuest VR or its licensors; and the Service and its features and functionality are and will remain the exclusive property of SideQuest VR and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SideQuest VR.

This notwithstanding, as between you and SideQuest VR, you will remain the owner of your content, including any reviews or testimonials, game listings, (which in turn includes any content description, Publisher name, logo, trademarks, and copyrights, and game-related data), and content and websites to which SideQuest VR users may be redirected from the Service. In using the Service, including by posting or providing any content, you expressly grant to SideQuest VR a perpetual, non-exclusive, royalty free, worldwide, revocable (unless published to a third party), sublicensable, transferrable license to use, provide, publicly display, adapt, and make derivative works from your content, in any form or media, in connection with the Service and our Privacy Policy, including to post and distribute game listings and reviews to other Gaming Users and partners. This license includes the right to share game listings with third-party platforms for purposes of further publication of the respective game listing(s) and for SideQuest VR to use Publisher names and logos, as well as any reviews or testimonials, in marketing SideQuest VR or the Service. Further, this license will survive even upon termination or if you stop using the Service, provided that you may edit or remove content as provided by these Terms. You warrant that you have the rights and authority to grant this license.

Links to Other Websites

Our Service contains links to third-party websites or services that are not owned or controlled by SideQuest VR. For example, if you select a game listing that redirects to an external website, you will be redirected to such third-party website.

SideQuest VR is solely a platform and has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party companies, content, websites, or services. We do not warrant the offerings of any of these third-party entities/individuals or their websites, regardless of whether you purchase a game using the Service, are redirected to a Publisher’s website, or save listings through your account.

You acknowledge and agree that SideQuest VR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services provided by, or available on or through, any such third-party companies, content, websites, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole reasonable discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or violation of any applicable law. We may also remove any content, including any game listings and/or your access to games in your library, for failure to comply with these Terms or if you are engaging or have engaged in fraud or abuse. You may appeal a termination or removal by contacting us within 30 days.

You may terminate your use of the Service at any time by discontinuing your use of the Service, provided that you will still owe any outstanding fees due.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, the dispute resolution and arbitration terms, ownership and intellectual property terms (except SideQuest VR may terminate your license to access and use the Service), warranty disclaimers, indemnity, miscellaneous terms, and limitations of liability.

Indemnification

To the maximum extent permitted by applicable law, you (including any individual user and business using the Service) agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless SideQuest VR and its licensees and licensors, and our/their employees, contractors, agents, officers, and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees), resulting from or arising out of a) your purchase or use of or access to, or inability to use, the Service, including your account, content, community posts, game listing, and any Game List; or b) your violation of these Terms or any applicable law or any other applicable terms, policies, warnings or instructions provided by SideQuest VR or a third party in relation to the Service; or c) your violation of any applicable law or any rights of any third-party (“Indemnity”). 

This Indemnity may only be applicable in the laws of some states or jurisdictions to an individual or entity who is not a consumer or a legal entity (such as a corporation, non-profit, or school) and not an individual person. A “consumer” includes an individual who uses the Services for personal, non-commercial purposes outside of their trade, business, craft, or profession. This includes “consumers” as defined in Regulation 4 of the Consumer Contracts (Information, Cancelation and Additional Charges) Regulations 2013.  

Limitation of Liability

IN NO EVENT SHALL SIDEQUEST VR, NOR ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE, OR RESULTS FROM, THE SERVICE, INCLUDING ANY ACCOUNT, CONTENT, COMMUNITY POST, GAME CONTENT, GAME LISTING, OR GAME LISTS; (II) ANY GAME LISTING OR GAME THAT YOU MAY POST OR OBTAIN IN CONNECTION WITH THE SERVICE; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING GAMING USERS AND PUBLISHERS, ON THE SERVICE; (IV) ANY CONTENT OBTAINED FROM THE SERVICE RELATING TO A THIRD-PARTY GAME LISTING; AND (V) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

SIDEQUEST VR SHALL HAVE NO LIABILITY FOR USER-CREATED CONTENT, INCLUDING THE QUALITY OR NUMBER OF GAME LISTINGS, REVIEWS, VIEWS, CLICKS, OR THE ORDER IN WHICH YOUR GAME LISTING IS DISPLAYED OR DISTRIBUTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIDEQUEST VR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) ANY USER OR OTHER THIRD-PARTY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL SIDEQUEST VR, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100.00 OR WHAT YOU HAVE PAID TO US TO USE THE SERVICES.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SIDEQUEST VR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

SIDEQUEST VR AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION OR BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting a new version via the Service or by other notice to you (such as by email). By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and will be bound by the prior terms.

We may terminate, suspend, limit, or change any aspect or feature of the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation.

DMCA Notice and Procedure for Copyright Infringement Claims; Reporting Abuse

If you believe the Service contains content that infringes on your copyright, please submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) with the following information in writing to our copyright agent at dmca@side.quest (see 17 U.S.C §512(c)(3)): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL/location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and email address; a 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; 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. We will respond as authorized, such as by taking down violative content, and may provide a copy of your notice to the pertinent user. Before submitting a notice, you should consider whether the use could be fair use. If you are unsure about your rights, you should contact an attorney. You may be liable for costs and fees for misrepresentative submissions.

If you believe we removed your content in error, you may file a counter-notice pursuant to the DMCA with the following information in writing to our copyright agent at dmca@side.quest: a clear description of the material and prior location; a statement that you consent to the jurisdiction of the federal district court for the district where you reside and that you will access service of process; your contact information; and a statement signed by you under penalty of perjury that you have a good faith belief the content was removed as a result of mistake or misidentification. If you are a repeat infringer, we may terminate your access to the Service under a repeat infringer policy.

We (SideQuest VR) are the service provider, and our copyright agent is:

SideQuestVR Ltd.
600 N Broad Street
Suite 5 #3665
Middletown, DE 19709
dmca@side.quest

If you believe that any content or conduct involving the Service violates SideQuest VR’s Terms or applicable laws, please contact us.

Consent to Communications

By using the Service, including creation and use of an account, posting Game Listing, or submitting any content on our forums or online community, you expressly consent to receive electronic and other communications from SideQuest VR, over the short term and periodically, regarding the Service, your activity, and information that may be of interest to you, including emails with marketing offers and information about your account, game listings, new releases, and saved listings. For more information about the types of communications you may receive from SideQuest VR and how to opt out of marketing communications, see our Privacy Policy. Further, by posting a game listing or purchasing a game, you agree to be contacted by the respective Publisher or Gaming User about your listing or purchase using the contact information you provided.

Miscellaneous Terms

These Terms, which incorporate by reference any separate billing and order terms, constitute the entire agreement between you and SideQuest VR as to the matters in these Terms and supersede any prior agreements. A waiver under these Terms must be in writing to be effective, and waiver of any term or breach will not waive that term or any later breach. These Terms do not create any agency, partnership, employer, or joint venture relationship. The parties shall not be liable for any event beyond that party’s reasonable control, such as a war, epidemic, natural disaster, government order or regulation, explosion, fire, strike, act of God, or other force majeure event. These Terms will be binding upon and inure to the benefit of the parties and their permitted successors and assigns. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of SideQuest VR. There are no third-party beneficiaries under these Terms except Company Entities where stated. If any provision of these Terms is ruled to be invalid or unenforceable, the remainder of the Terms shall continue to be valid and enforceable, and to this end these Terms are severable.

Contact Us

If you have any questions about these Terms or the Service, please contact us at contact@side.quest.