The Make Real website (“Website”) and VR application (“App”) and related services (together with the Website, the “Service”) are operated by Make Real Ltd. (“Make Real,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications.
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Make Real reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
- Description of Website and Service
The Service allows users to view a Virtual Reality (“VR”) experience about microagressions within the workplace through our app on Oculus Quest and via website versions hosted for use on desktop, mobile and/or Google Cardboard V2 compatible VR devices.
- Payments and Subscription
Payments are made through the Oculus App Lab Store via your Oculus and/or Facebook account payment methods and are party to the terms and conditions of purchase as outlined by Facebook Technologies.
- Your Representations and Warranties
You represent and warrant to Make Real that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of England and Wales, and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the U.K. and/or the jurisdiction in which you reside.
- Inappropriate Use
The Service provided via Oculus App Lab is designed for commercial use within enterprise organisations and the software license provides you the right to utilise more than one unnamed user to view the content installed associated to your Oculus / Facebook account, as part of training or group discussion.
You aren’t allowed to:
- Share your password, let anyone access your account, or do anything that might put your account at risk.
- Attempt to access any other user’s account.
- Share your unlocked VR content with other people, unless specifically authorized to do so in the manner above.
- Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
- Impersonate or misrepresent your affiliation with any person or entity.
- Third Party Headsets
Our Software is designed to provide additional functionality with certain third party virtual reality headsets (“Headsets”). You should carefully review the terms and conditions, health warnings and all setup and operating instructions for such Headsets. We’re not responsible or liable in any way for any personal injury, property damage, or any other issue you may have resulting from your use of a Headset.
- Indemnification of Make Real
You agree to defend, indemnify and hold harmless Make Real and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions.
- App License
Subject to the terms of these Terms and Conditions, Make Real grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof.
Make Real and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto.
- Refund Policy
Make Real offers no refunds directly other than through the means outlined via the refund policy purchases made through the Oculus App Lab Store of Facebook Technologies.
- NO REPRESENTATIONS OR WARRANTIES BY MAKE REAL
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY MAKE REAL ARE PROVIDED TO YOU ON AN “AS IS” BASIS. MAKE REAL AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MAKE REAL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
IN NO EVENT WILL MAKE REAL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF MAKE REAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAKE REAL’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MAKE REAL FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
The provisions of these Terms and Conditions relating to the protection and enforcement of Make Real’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
- Proprietary Rights in Service Content
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of Make Real or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. All rights of Make Real or its licensors that are not expressly granted in these Terms and Conditions are reserved to Make Real and its licensors.
“D&I Perspectives” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Make Real or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Make Real name or any Make Real or third-party trademarks, service marks, graphics or logos.
- Copyright and Trademark Policy
Make Real respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to Make Real pursuant to the DMCA by providing us with the following information in writing:
- an electronic or physical signature of the copyright owner or the person authorised to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
- 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 are authorised to act on the copyright owner’s behalf.
Use of logo – by accepting these Terms and Conditions, you hereby grant to Make Real the express right to use your company logo in marketing, sales, financial, and public relations materials and other communications, solely to identify you as a Make Real customer.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between Make Real and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
A waiver by Make Real or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Make Real may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Make Real and you, and Make Real’s and your respective successors and permitted assigns.
- How to Contact Us
The best way to get in touch with us is to email: [email protected]. We’d love to hear your questions, concerns, and feedback about our Services.