Terms & Conditions

Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our SportzVR LLC’s and SportzVR LLC Partners’s use of cookies in accordance with the terms of SportzVR LLC’s and SportzVR LLC Partners’s privacy policy / cookies policy.

License to Use Website
Unless otherwise stated, SportzVR LLC and /or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SportzVR LLC’s and SportzVR LLC Partners’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without SportzVR LLC’s and SportzVR LLC Partners’s express written consent.

Restricted Access
Access to certain areas of this website is restricted. SportzVR LLC’s and SportzVR LLC Partners’s reserves the right to restrict access to areas of this website, or indeed this entire website, at SportzVR LLC’s and SportzVR LLC Partners’s discretion.
If SportzVR LLC and SportzVR LLC Partners provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
SportzVR LLC and SportzVR LLC Partners may disable your user ID and password in SportzVR LLC’s and SportzVR LLC Partners’s sole discretion without notice or explanation.

User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to SportzVR LLC and SportzVR LLC Partners a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to SportzVR LLC and SportzVR LLC Partners the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or SportzVR LLC and SportzVR LLC Partners or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
SportzVR LLC and SportzVR LLC Partners reserves the right to edit or remove any material submitted to this website, or stored on SportzVR LLC’s servers, or hosted or published upon this website.
Notwithstanding SportzVR LLC’s and SportzVR LLC Partners’s rights under these terms and conditions in relation to user content, SportzVR LLC and SportzVR LLC Partners does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No Warranties
This website is provided “as is” without any representations or warranties, express or implied. SportzVR LLC and SportzVR LLC Partners makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, SportzVR LLC and SportzVR LLC Partners does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of Liability
SportzVR LLC and SportzVR LLC Partners will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if SportzVR LLC and SportzVR LLC Partners has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SportzVR LLC’s and SportzVR LLC Partners’s liability in respect of any:
death or personal injury caused by SportzVR LLC’s and SportzVR LLC Partners’s negligence;
fraud or fraudulent misrepresentation on the part of SportzVR LLC’s and SportzVR LLC Partners; or
matter which it would be illegal or unlawful for SportzVR LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Other Parties
You accept that, as a limited liability entity, SportzVR LLC and SportzVR LLC Partners has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SportzVR LLC’s and SportzVR LLC Partners’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SportzVR LLC’s and SportzVR LLC Partners’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SportzVR LLC.

Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify SportzVR LLC and SportzVR LLC Partners and undertake to keep SportzVR LLC and SportzVR LLC Partners indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SportzVR LLC to a third party in settlement of a claim or dispute on the advice of SportzVR LLC’s and SportzVR LLC Partners’s legal advisers) incurred or suffered by SportzVR LLC and SportzVR LLC Partners arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions
Without prejudice to SportzVR LLC’s and SportzVR LLC Partners’s other rights under these terms and conditions, if you breach these terms and conditions in any way, SportzVR LLC and SportzVR LLC Partners may take such action as SportzVR LLC and SportzVR LLC Partners deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
SportzVR LLC and SportzVR LLC Partners may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment
SportzVR LLC and SportzVR LLC Partners may transfer, sub-contract or otherwise deal with SportzVR LLC’s and SportzVR LLC Partners’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement
These terms and conditions, constitute the entire agreement between you and SportzVR LLC and SportzVR LLC Partners in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with governing law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Dallas, Texas.

Usage Rules

The following rules govern your participation and/or your child/ward’s participation in any activity at SportzVR LLC :

• All Users using the SportzVR LLC  virtual reality equipment for the first time are required to attned the demo by SportzVR LLC staff prior to using the equipment.
• We recommend consulting a physician before using the SportzVR LLC  virtual reality equipment if you are pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from a heart condition or other serious medical condition.
• The SportzVR LLC  virtual reality equipment is recommended for users who are eight (8) years of age and up and stand at least 40″ tall. Anyone under the age of 13 must be supervised by a parent/guardian at all times. Adults should monitor children who are using or have used the VR equipment for any of the symptoms described below, and should limit the time children spend using the SportzVR LLC  virtual reality equipment and ensure they take breaks during use. Prolonged use should be avoided, as this could negatively impact hand-eye coordination, balance, and multi-tasking ability. Adults should monitor children closely during and after use of the VR equipment for any decrease in these abilities.
• A comfortable virtual reality experience requires an unimpaired sense of motion and balance. Do not use the SportzVR LLC  virtual reality equipment when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches, as this can increase your susceptibility to adverse symptoms. Operation of SportzVR LLC  virtual reality equipment under the influence of drugs or alcohol is strictly prohibited.
• Immediately cease use of the SportzVR LLC  virtual reality equipment if you experience any of the following symptoms: seizures, loss of awareness, eye strain, eye or muscle twitching, involuntary movements, altered, blurred, or double vision or other visual abnormalities, dizziness, disorientation, impaired balance, impaired hand-eye coordination, excessive sweating, increased salivation, nausea, light-headedness, discomfort or pain in the head or eyes, drowsiness, fatigue, or any symptoms similar to motion sickness. Consult a physician if you have serious and/or persistent symptoms.
  Anyone who has had a seizure, loss of awareness, or other symptoms linked to an epileptic condition should consult a physician before using the SportzVR LLC  virtual reality equipment.
  The SportzVR LLC  virtual reality equipment can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers. If you have a pacemaker or other implanted medical device, do not use the SportzVR LLC  virtual reality equipment without first consulting your physician or the manufacturer of your medical device.
  Symptoms of virtual reality exposure can persist and become more apparent hours after use. These post-use symptoms can include the symptoms above, as well as excessive drowsiness and decreased ability to multi-task. These symptoms may put you at an increased risk of injury when engaging in normal activities in the real world. Do not drive, operate machinery, or engage in other visually or physically demanding activities that have potentially serious consequences (i.e., activities in which experiencing any symptoms could lead to death, personal injury, or damage to property), or other activities that require unimpaired balance and hand-eye coordination (such as playing sports or riding a bicycle, etc.) until you have fully recovered from any symptoms.
• Food and drink are not permitted within the virtual reality gaming stations.
• Users may also be required to calibrate the SportzVR LLC  virtual reality equipment prior to beginning their session. The calibration of the SportzVR LLC  virtual reality equipment may take up a portion of the User’s scheduled booking at the Premises.
• Any damage caused to SportzVR LLC  virtual reality equipment by you and/or your child/ward shall be your sole liability and you shall indemnify and save harmless SportzVR LLC  from said damages.
• SportzVR LLC  is not responsible for any lost, stolen, or damaged personal items which occur during your time on the SportzVR LLC  premises.
  Any misconduct, including but not limited to excessive yelling, swearing, misuse of equipment, intentional disruption of other patrons, will result in the immediate termination of your session at SportzVR LLC  by SportzVR LLC  staff at their sole discretion.

Media Release

• By entering any SportzVR LLC. location or premises, I authorize SportzVR LLC. to use the following personal information:
• (1) My picture – including photographic, motion picture, and electronic (video) images.
• (2) My voice – including sound and video recordings.
• I hereby grant to SportzVR LLC., its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, my name, pictures of me in film or electronic (video) form, sound and video recordings of my voice, and printed and electronic copy of the information described in sections (1) and (2) above in any and all media including, without limitation, cable and broadcast television and the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media.
• This permission extends to all languages, media, formats and markets now known or hereafter devised. This permission shall continue forever. I further grant SportzVR LLC. all right, title, and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant SportzVR LLC. the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit.
• By entering the SportzVR LLC. premises, I hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for SportzVR LLC. use of any of the material described above for any of the purposes authorized by this release. I also waive any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith or to approve the eventual use that it might be applied. I acknowledge that I have read the foregoing and I fully understand the contents.
• I also certify that in the event I am signing on behalf of a minor who is under the age of eighteen years, to whom this release applies and that I have the legal authority to execute this release, I approve the foregoing and agree that we shall be bound thereby.