Date: August 17, 2022
Iconic Engine, Inc., a Delaware corporation (“Iconic Engine,” “we,” or “us”) welcomes you to VASOO, a metaverse destination. These Terms of Use (the “Terms”) govern your access toas well as third-party services, whether as a guest or a registered user.
Acceptance of the Terms
By accessing and using VASOO and the Services, you accept and agree to be bound and abide by these Terms, our Privacy Policy, our Community Guidelines. If you do not or cannot agree to these Terms, you must not access or use VASOO.
VASOO is not for children under the age of 13. VASOO is offered and available to users who are 13 years of age or older. If you are under the age of 18 (a “Minor User”), you represent that you have your parent or guardian’s permission to use VASOO. If you are a parent or legal guardian of a Minor User, by allowing your child to access and use VASOO, you are subject to the terms of this Agreement and are responsible for your child’s access and use of VASOO.
Grant of License
Subject to the Terms of Use, Iconic Engine grants you a limited, nonexclusive, and non-transferable license to use the VASOO Services on devices that you own or otherwise control for your personal entertainment use.
The Services are being licensed to you, not sold, and you hereby acknowledge you are not receiving any title to or ownership of any copy of the Services and no title or ownership in the Services are being transferred or assigned. All rights not specifically granted under these Terms are reserved by Iconic Engine.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on https://www.myvasoo.com.
Your continued access and use of VASOO’s Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Registering User Accounts
Although you do not need to register to access VASOO, a user account is required to use some of the features on VASOO. You can register for a user account at https://register.myvasoo.com/. It is a condition of your use of the Services that all the information you provide when you register is correct, current and complete. You agree that all information you provide for your user account is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to VASOO using your display name or password. You agree to treat your user password as confidential. You agree to notify us immediately at support@myvasoo.com of any unauthorized access to or use of your display name or password or any other breach of security.
Interactive Services and Third-Party Services
In VASOO you can talk to other users and watch 2D, 360, and live streams, including movies, concerts, and live esports content together (collectively, "Interactive Services"). Interactive Services may allow users to display or transmit audiovisual content from a third-party service (collectively, "Third-Party Services") to other users within VASOO.
We are not responsible, or liable to any third party, for the content or accuracy of any Third-Party Service’s content transmitted or displayed by you or any other user of VASOO.You acknowledge that using the Interactive Services could subject you to a Third-Party Service’s terms, policies, and data collection, and you agree to abide by those terms and policies. Please see our Privacy Policy for information about Third-Party Services.
Specifically, we use YouTube API Services, a Third-Party Service for streaming YouTube content. By using this feature within VASOO, you agree to be bound by the YouTube Terms of Service which can be found here, https://www.youtube.com/t/terms.
You further acknowledge that by using the Interactive Services, you may be subject to content that (a) may be considered offensive, or objectionable, (b) may or may not be identified as having explicit language, (c) may contain links or references to objectionable material, and (d) may not be available in all countries or languages. You agree that you use the Interactive Services at your own risk and that Iconic Engine is not liable to you for content, including content from Third-Party Services, that you find offensive, inaccurate, illegal, unavailable, of poor quality or otherwise.
Information About You and Your Visits to VASOO
All information we collect through VASOO is subject to our Privacy Policy. By accessing and using VASOO, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
Online Purchases and Other Terms and Conditions
In VASOO, you may purchase through the VASOO Store a limited, personal, non-transferable, non-sublicensable, non-refundable, revocable license to use (a) “virtual currency” solely for use within VASOO and (b) to purchase virtual items and Interactive Services, (together with “virtual currency,” “Virtual Items”). You are allowed to purchase Virtual Items through the Services, and not in any other way.
Purchases of virtual currency are final and not refundable. Your license to use virtual currency in VASOO ends when your account is terminated.
Additional terms and conditions may also apply to VASOO’s Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Prohibited Uses
You may use VASOO only for lawful purposes and in accordance with these Terms of Use. You agree not to use VASOO:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To display or transmit media on VASOO from a third party that infringes the third party’s copyright.
• To violate the terms and conditions of a Third Party Service available through VASOO.
• To impersonate or attempt to impersonate Iconic Engine, an Iconic Engine employee, another VASOO user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of VASOO, or which, as determined by us, may harm Iconic Engine or users of VASOO, or expose them to liability.
Online Safety
We care about the safety of VASOO users.If you have concerns that a VASOO user is engaging in a prohibited use or violating our Community Guidelines, please contact us at support@myvasoo.com.
Termination of Your Access to VASOO
If you violate these Terms your right to access and use VASOO will cease immediately. Breach of Terms includes but is not limited to: providing a person with unauthorized access to any part of VASOO, engaging in a Prohibited Use, or violating our Community Guidelines.
We have the right to disable any display name, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or our Community Guidelines.
We reserve the right to withdraw or amend VASOO, and any Service we provide within VASOO, in our sole discretion without notice. We will not be liable if for any reason all or any part of VASOO is unavailable at any time or for any period. From time to time, we may restrict access to some parts of VASOO, or all of VASOO to users, including registered users.
Intellectual Property Rights
VASOO and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Iconic Engine, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use VASOO for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Services.
No right, title or interest in or to VASOO or its Services is transferred to you, and all rights not expressly granted are reserved by Iconic Engine. Any use of VASOO and its Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
Our company name, Iconic Engine, our metaverse destination VASOO, our logo and all related names, logos, product and service names, designs and slogans are trademarks of Iconic Engine or its affiliates or licensors. You must not use such marks without the prior written permission of Iconic Engine. All other names, logos, product and service names, designs and slogans on VASOO are the trademarks of their respective owners.
Disclaimer of Warranties
YOUR ACCESS OF VASOO, ITS SERVICES OR VIRTUAL ITEMS OBTAINED THROUGH VASOO IS AT YOUR OWN RISK. VASOO, ITS SERVICES OR VIRTUAL ITEMS OBTAINED THROUGH VASOO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ICONIC ENGINE NOR ANY PERSON ASSOCIATED WITH THE ICONIC ENGINE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF VASOO. WITHOUT LIMITING THE FOREGOING, NEITHER ICONIC ENGINE NOR ANYONE ASSOCIATED WITH ICONIC ENGINE REPRESENTS OR WARRANTS THAT VASOO, ITS SERVICES OR VIRTUAL ITEMS OBTAINED THROUGH VASOO WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ICONIC ENGINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OR ACCESS TO VASOO, ITS SERVICES OR VIRTUAL ITEMS OBTAINED THROUGH VASOO, YOUR DEALING WITH ANY OTHER USERS IN VASOO, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH VASOO AND ITS SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ICONIC ENGINE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, VASOO, ANY THIRD PARTY CONTENT OR SERVICES LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Iconic Engine, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to 1) your violation of these Terms of Use or 2) your access and use of VASOO, including, but not limited to, any use of VASOO’s Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from VASOO.
Governing Law and Jurisdiction
All matters relating to VASOO and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or VASOO shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Iconic Engine’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of VASOO, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR VASOO MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Iconic Engine of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Iconic Engine to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use constitutes the sole and entire agreement between you and Iconic Engine, Inc. with respect to VASOO and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to VASOO.
Your Comments and Concerns
VASOO is operated by Iconic Engine, Inc, a Delaware corporation.
All feedback, comments, requests for technical support and other communications relating to VASOO should be directed to: support@myvasoo.com.
