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Pluto VR
TERMS OF SERVICE


Last Updated: September 23, 2016

Your use of our Pluto software application (the “Application”), and our associated service, accessible through the Application is subject to these “Terms of Service.” The Application and associated service are collectively referred to in this agreement as the “Service”. By using the Service, you agree to be bound by, and use the Service in compliance with, these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.
The terms "you," "your," and "yours" refer to you, the user of the Service. The terms “Pluto VR," "we," "us," and "our" refer to Pluto VR Inc. We may periodically make changes to these Terms of Service. It is your responsibility to review the most recent version of these Terms of Service frequently and remain informed of any changes to it. You agree that your continued use of the Service after such changes have been published to the Service shall constitute your acceptance of such revised Terms of Service.

License to Use the Service

Subject to these Terms of Service, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for your personal use and not for resale or further distribution. Your right to use the Service is limited by the terms set forth in these Terms of Service.

Except for this license granted to you, we retain all right, title, and interest in and to the Service, including all related intellectual property rights. The Service is protected by applicable intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these Terms of Service or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service.

Access and Modifications to the Service

We do not provide you with the equipment to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., charges by internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability.

You must be 13 or older to register as a user or to use the Service. You hereby represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Restrictions

You must comply with all applicable laws, including U.S. export control laws, when using the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available by Pluto VR on the Service (“Content”) or compile or collect any Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service or Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (f) use the Service in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or Content.

Third Party Products, Services and Content

Your use of the Service may enable you to communicate with various third parties, and access products and content from such third parties. We exercise no control over any third party products, services, or websites accessible through the Service. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

User Interactions

The Service allows you to communicate with third parties using the Service. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Service are those of the respective users and not of Pluto VR, or its agents or employees. The Service is designed to allow users to drop in and out of conversations with other users. Conversations and interactions that you have on the platform may be overheard by users that have joined your conversation. Conversations and interactions may also be recorded by various participants. For this reason, you should not use the Service for sensitive conversations. We do not guarantee the security of our platform, or the privacy of your communications.

User Feedback

You agree that Pluto VR is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service and our products and services. Furthermore, by posting any Submission on the Service, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service.

Use Restrictions

You are solely responsible for any content and other material that you transmit to third parties over the Service.
You will not use the Service to: (a) transmit communications that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm Pluto VR or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) collect or store personal data about other users.
If you encounter a user on the Service that violates these use restrictions, please contact Pluto VR at

Disclaimer of Warranties

YOUR USE OF THE SERVICE AND YOUR INTERACTION WITH THIRD PARTIES USING THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLUTO VR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY COMMUNICATION THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLUTO VR OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
PLUTO VR DOES NOT TAKE RESPONSIBILITY FOR YOUR HARDWARE OR SOFTWARE RELATED TO THE GENERATION OF VIRTUAL REALITY ENVIRONMENTS, AND WE DISCLAIM ALL LIABILITY FOR INJURY DUE TO TRIPPING OR COLLIDING WITH OBJECTS IN YOUR PHYSICAL SPACE, SEIZURES FROM INCONSISTENT FRAME RATES, OR OTHER RISK INHERENT IN THE USE OF VIRTUAL REALITY EQUIPMENT.

Limitation of Liability

PLUTO VR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLUTO VR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL PLUTO VR’ TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED TEN DOLLARS ($10). BECAUSE SOME JURISIDCTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Copyright Infringement

If you believe that your work has been copied or transmitted by a user of the Service in a way that constitutes copyright infringement, please contact us at and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed or a copy of the copyrighted work; (iii) identification of the user or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) 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; and (vi) 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. Our agent for notice of claims of copyright infringement on this site can be reached using the contact information below.

Indemnity

You will indemnify and hold Pluto VR, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party through use of the Service.

Updates to the Service and Terms of Service

We may occasionally update the Service and these Terms of Service. When we do, we will revise the “last updated” date on these Terms of Service. You should check the Service and these Terms of Service frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of service. This version of these Terms of Service shall supersede all earlier versions.

Legal Notices

Enforcement of these Terms of Service will be governed by Washington law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Service will lie in the State and Federal courts located in King County, Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Pluto VR to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Pluto VR in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contacting Pluto VR

If you have any questions or concerns about the Service or these Terms of Service, please send us a thorough description by email to , or write to us at:
Pluto VR Inc.
5245 Shilshole Ave NW
Seattle WA 98107

PlutoVR Privacy Policy

Effective Date: February 21, 2018

Scope

This Privacy Policy (“Policy“) explains how PlutoVR (“we,” “us,” “our,” etc.) collects, uses, and discloses information about you when you register for, access and use our virtual reality communications platform, registration site, and related sites, applications and services that we (collectively, our “Service“).

This Policy does not apply to web sites and applications provided by third parties. For example, if you communicate with us via our social media accounts, those communications would be governed by the privacy policies of the third party social sites where such communications occurred. We encourage you to review the privacy practices of any third party services that you use.

By using our Service, you consent to the privacy practices described in this Policy. If you have any questions, please contact us at .

Information We Collect

Information You Provide to Us. We collect and store certain information that you provide to us when registering for or using our Service, such as the following:
  • In order to register for our Service, we ask you to provide your name, email address, a username and password, and other identifying information.
  • We may give you the opportunity to upload photos, contact information for your friends and acquaintances, profile information from your social media or other third party service accounts, and other content and information.
  • We may give you the option to enter information about yourself to appear in a directory of other users of our Service.
  • We may give you the opportunity to post comments and other self-reported information to user directories, user forums, blogs, and similar areas within our Service.

Automatically Collected Information. We automatically collect certain information when you access and use our Service, including the following:
  • Device and log information: We collect information about the computers, mobile devices, consoles, headsets and other hardware you use to access our Service, such as the hardware model, operating system and version, unique device identifiers, location information, mobile network information, and internet protocol (IP) address.
  • Information we collect about your use of our Service. When you use our Service, we also collect information about the software you use, the length of your access time to the Service, the pages and features you view and use, and other metrics.
  • Information about your interactions with other users. When you interact with other users of the Service, we collect the identity of the users you interact with and the length of those interactions. We do not collect information about the content of your communications, however.
  • Anthropometric data. The Service collects data about you in order to more accurately represent your avatar and otherwise improve the provision of the Service to you, including information about your body movements, dimensions, and facial features. We refer to this type of information as “anthropometric” data.

How We Use Your Information

We use the information we collect about you for the following purposes:
  • Providing and improving the Service. We use the information we collect from you to create and maintain your account, communicate with you about the Service, enable communications with other users of the Service, provide technical support for, and remediate technical issues with, the Service (e.g., to aid in determining the cause of any crash or failure), notify you about changes or updates to the Service, customize aspects of the Service for you, and improve and assist in our development of the Service.
  • Marketing. We use the information we collect to send you certain promotional messages and content. If you wish to opt out of marketing communications, you may contact us at and request to be excluded from marketing communications. Any such opt-out will apply only to marketing communications, not to transactional messages concerning your use of the Service.
  • Enforcement; Safety. We may use the information we collect to investigate suspicious activity or violation of our terms and conditions for the Service, and in order to improve the safety and security of the Service for other users.

We are based in the United States. By accessing or using our Service or otherwise providing information to us, you consent to our processing and transfer of information in and to the U.S. and other countries. Note that the laws, regulations and standards of the country in which your information is stored may be different from your own country. By using our Service, you consent to this collection, transfer, storage, and processing of information to and in the U.S. and other countries.

When Your Information Is Shared With Others

We do not share information collected on the Service about you with anyone outside of PlutoVR, except under the following circumstances:
  • Information you opt to share with other users of the Service. Your information may be viewed by other users of our Service if you choose to make it available to them (for example, by adding your name, contact or other information to our user directory, or by posting comments to a public user forum).
  • Information shared in communications with other users. The nature of virtual reality communications results in some information being revealed to other Users. For example, your avatar may reveal anthropometric information to other users, such as your facial features, body movements, and voice, which in turn may reveal your race, gender, or other characteristics.
  • Service providers. We may share the information we collect with our service providers who help us to provide certain aspects of the Service. For example, we may use third party vendors to host our registration site, distribute our application, fulfill downloads and orders, provide customer service, and send marketing and other electronic communications on our behalf.
  • Business transfers. We may sell, transfer or otherwise share some or all of our assets, which may include user information, in connection with a merger, acquisition, reorganization or sale of assets, or in the event of bankruptcy.
  • Compliance. We may disclose user information in response to a third party request for information if we believe disclosure is in accordance with applicable law, such as to comply with a subpoena, regulation or legal process, or as otherwise required by any applicable law, rule or regulation.
  • Enforcement. We may disclose information to third parties to the extent necessary to enforce our agreements and terms of use for the Service, or to protect the rights, property, and safety of PlutoVR, our users, or anyone else.
  • With your consent. We may disclose your information where you have given us your consent to do so.
  • Aggregated, anonymous data. We may also share aggregated or de-identified information if it cannot reasonably be used to identify you.

Security

We use reasonable measures, including administrative, technical, and physical safeguards, designed to protect information about you from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. You acknowledge, however, that no data transmission or storage can be entirely secure. We do not guarantee the security of any information you provide or transmit to the Service.

Children

The Service is not intended for use by children under 13 years of age. If you are a parent who has become aware that your child under 13 years of age has created an account or otherwise posted personal information through our Service, please notify us at so that we can take appropriate action. We may require verification of your identity.

Your Choices

Your Information. You may update or correct certain elements of your account and profile information within the Service, and you may email us at at any time if you wish to deactivate your account or modify any of your information. In that case, we may retain information about you for legitimate business purposes or as required by law.

Marketing Communications. You may opt out of receiving marketing communications from us by contacting us at and requesting to be excluded from marketing communications, or by using any opt-out mechanism we provide within those communications. If you opt out of receiving marketing communications, we may still send you non-promotional emails, such as emails about your ongoing use of the Service.

Mobile Device Location Information. The settings of your Internet browser or mobile device may allow you to stop sharing your precise location with PlutoVR or others. You can also stop our collection of location information in connection with our mobile applications by following the standard uninstall process and removing any of our mobile applications from your mobile device.

Changes to this Policy

We may change this Policy from time to time. If we make changes, we will notify you by revising the effective date of the Policy set forth above and, where the changes are material, we will provide you with more prominent notice (such sending you a notification to an email address you have provided to us). We encourage you to review the Policy to stay informed about our information practices and the ways you can help protect your privacy.

Contact Us

If you have any questions, comments or concerns about this Policy or about our privacy practices, please contact us at .