Last Updated: February 18, 2019
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. WIN Reality, LLC. (formerly WIN Reality, LLC) (together with our affiliates, “WIN Reality”, “we”, or “us”) provides products, services, content and features through WIN Reality websites, such as those for our support page (the “WIN Reality Site(s)”), the interfaces on tablets connected to WIN Reality platforms (such as the WIN Lab or WIN VR), and through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and WIN Reality-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter). To make these Terms easier to read, the WIN Reality Sites and Apps, along with the WIN Reality tablet interfaces and WIN Reality-controlled social media pages are collectively called the “WIN Reality Service” or “the Services”. By registering as a member or by visiting, browsing, or using the WIN Reality Service in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and WIN Reality.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 20). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND WIN REALITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
If you do not wish to be bound by these Terms, you may not access or use the WIN Reality Service. Certain elements of the WIN Reality Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the WIN Reality Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
Who May Use the WIN Reality Service
Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the WIN Reality Service. Minors that can safely use the WIN Lab or WIN VR may participate in training, provided that (a) they and their parent/ guardian have signed a WIN Reality waiver and release; and (b) their parent/guardian is on site at all times. We may, in our sole discretion, refuse to offer the WIN Reality Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you, and the right to access and use the WIN Reality Service is revoked where these Terms or use of the WIN Reality Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the WIN Reality Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
License to Use the WIN Reality Service
License. Subject to your compliance with these Terms, WIN Reality grants you a limited, non-transferable, non-exclusive, revocable license to access and use the WIN Reality Service for your own personal, non-commercial purposes. This license includes the right to view Content (defined below) available on the WIN Reality Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
Restrictions. Except as expressly permitted in writing by an authorized representative of WIN Reality, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the WIN Reality Service, nor will you take any measures to interfere with or damage the WIN Reality Service. All rights not expressly granted by WIN Reality in these Terms are reserved.
What information we may collect about you; what we use that information for; and with whom we share that information.
Membership Requirements Registration
To enjoy full access to the WIN Reality Service, you must register as a member of the WIN Reality Service and enter into a subscription agreement for access to our applications, content, and features (a “Subscription”). Your Subscription is governed by the Membership Terms. You must provide complete and accurate registration information to WIN Reality, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the WIN Reality Service. If you become aware of unauthorized access to your account, change your password and notify our Support team immediately.
Membership Structure and Fees
The WIN Reality will provide information on its then-current Subscription requirements on the WIN Reality Site and/or by other means through the WIN Reality Service. Features and prices are subject to change.
Sale of Products
WIN Reality accepts orders for the WIN Series Applications, WIN platforms, and WIN Series accessories through online orders or by contacting a sales representative. Unfortunately, the availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the WIN Reality Site or to your email address after your payment has been processed. Please see our Warranty and Return Policy for further information about WIN Reality products.
Term and Termination; Account Deletion
Term. These Terms begin on the date you first use the WIN Reality Service and continue as long as you have an account with us and/or continue to use the WIN Reality Service.
Termination. WIN Reality may, in WIN Reality’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if WIN Reality determines that you have violated these Terms or that your conduct or User Content would tend to damage WIN Reality’s reputation or goodwill. If WIN Reality deletes your account, you may not re-register for or use the WIN Reality Service under any other username or profile. WIN Reality may block your access to the WIN Reality Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms, all licenses granted by WIN Reality will terminate. The following sections survive termination: Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Safety Warnings, Intellectual Property, Arbitration & Class Action Waiver, Governing Law, and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and WIN Reality is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the WIN Reality Service. WIN Reality, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by this Terms.
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the WIN Reality Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the WIN Reality Service. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you using the WIN Reality Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the WIN Reality Service.
As between you and WIN Reality, you represent that you own (or have all rights necessary to grant WIN Reality the rights below to) all User Content that you submit to the WIN Reality Service, and that WIN Reality will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant WIN Reality a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free
license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the WIN Reality Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to WIN Reality or through the WIN Reality Service about improving or adding new features or products to the WIN Reality Service or you otherwise provide feedback or testimonials, you hereby grant to WIN Reality a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback and testimonials for any purpose, without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the WIN Reality Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights and Terms for Apps
a) Rights in App Granted. Subject to your compliance with these Terms, WIN Reality grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
(i) copy, modify or create derivative works based on the App
(ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party
(iii) reverse engineer, decompile or disassemble the App or
(iv) make the functionality of the App available to multiple users through any means. WIN Reality reserves all rights in and to the App not expressly granted to you under these Terms.
- b) Accessing the App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
These Terms are between you and WIN Reality, and not with the App Provider, and WIN Reality (not the App Provider), is solely responsible for the App. The App Provider has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WIN Reality.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
(i) product liability claims;
(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims to arise under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringe that third party’s intellectual property rights, WIN Reality will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that
(i) 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;
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(iii) you are not an individual or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and
(iv) you are not otherwise subject to or affected in any way by any national security or terrorism-related rules whether applicable to you personally or to your location or other circumstances.
You must also comply with all applicable third party terms of service when using the App.
10. General Prohibitions and WIN Reality’s Enforcement Rights You agree not to do any of the following:
- a) Post, upload, publish, submit or transmit any User Content that:(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
(vii) exploits minors or
(viii) promotes illegal or harmful activities or substances
- b) Download and/or install any third party software and/or application on any WIN Reality hardware that is not expressly permitted by WIN Reality in writing;
- c) Use, display, mirror or frame the WIN Reality Service or any individual element within the WIN Reality Service, WIN Reality’s name, any WIN Reality trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without WIN Reality’s express written consent;