Zirous, Inc. Terms of Use
Last Modified: March 15, 2023
Acceptance of the Terms of Use
These Terms of Use (“Terms”) govern the use of the extended reality, augmented reality, and/or virtual reality video games, experiences, and activities provided, produced, and/or distributed by Zirous, Inc. (“Extended Reality Offerings”) and related services (Extended Reality Offerings, collectively with the Site and App, as defined herein, hereinafter the “Services”) provided by Zirous, Inc., (“Company” “us” “we” “our”) on our website, found at www.zirous.com (the “Site”), or our mobile application (the “App”). Before you start using the Services, you must agree to abide by these Terms. By using the Site, using our Services, and/or by clicking to accept or agree to the Terms, if this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.zirous.com/z-privacy-policy/, incorporated herein by reference. If you don’t agree to be bound by these Terms and our Privacy Policy, do not use the Services.
The Services are intended for and available only to legal residents of the fifty (50) United States (including District of Columbia) and Puerto Rico.
If you breach these Terms we may take action against you, including but not limited to terminating your access to the Services. You acknowledge that the Company has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your access or use.
Changes to the Terms of Use
The Company may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the Site or in the App. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. You are expected to check these Terms each time you access the Services so you are aware of any changes, as they are binding on you. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.
Privacy
To provide the Services, we need to collect certain information about you like your first name/last name and email address, and we only use your information where we have a legal basis to do so. The collection of information is governed by our Privacy Policy https://www.zirous.com/z-privacy-policy/, incorporated herein by reference.
Use of Services
You may use the Services only for lawful purposes and in accordance with these Terms.
While you are using our Services, please be aware of your surroundings, and interact, play and communicate safely. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, and that you will not use the Services to violate any applicable law, regulation, Event policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
The Company prohibits cheating, including any action that attempts to or actually alters or interferes with the normal behavior or rules of the Services. Cheating includes, but is not limited to, any of the following behavior, on your own behalf or on behalf of others: Accessing Services in an unauthorized manner (including using modified or unofficial third party software); Playing with multiple accounts for the same Service; Sharing accounts; Using any techniques to alter or falsify a device’s location (for example through GPS spoofing); and/or Selling or trading accounts. Apps may not work on devices that the Company detects or reasonably suspects to be cheating, and the Company will not provide support to players who attempt to or successfully cheat. You agree that the Company may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited under these Terms, including checking your device for the existence of exploits or hacking and/or unauthorized software.
Company does not intend the Site or the App to be medical or health devices, or provide medical or health advice.
You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other players and other people both in the real world and while using the Site and App. You will not harass, threaten, or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and you will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release Company (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Prohibited Uses
In addition to and without any other prohibitions contained in these terms, you agree not to use the Services:
- 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 make available any unlawful, inappropriate, or commercial Content (defined below).
- To submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Accessing the Services
If you want to use certain Services, you will need access to a supported mobile phone and an Internet connection, and other devices or connections, as applicable. The application stores have information containing a list of supported devices. We do not support rooted or jailbroken devices. You are responsible for all activities that occur under your Account and/or on your device, whether or not you know about them.
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your access. You may terminate your access at any time by contacting the Company. Upon termination of any Services or your access, the following provisions of these Terms will survive: Content Ownership, Rights Granted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and this sentence on Termination.
Age Restrictions
Users must be age 7+ in order to utilize the services. Parents/Guardians can manage parental controls within the child’s device. Company recommends that Parents/Guardians monitor the Child’s online activity and use of the Services. Children below the age of 13 must be accompanied by a parent or guardian to use the Services. A Parent who wishes to rescind their previously-provided consent to a Child’s access to and use of the Services should follow the instructions for removal of access privileges, which can be found in the respective help centers.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT/GUARDIAN. IF YOU ARE A PARENT/GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
Limited License to Use
Subject to your compliance with these Terms, Company grants you a limited, nonexclusive, non transferable, non-sublicensable license to, where applicable, download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal non-commercial purposes, and/or otherwise use the App on a separate device provided by Company, including but not limited to a virtual reality headset, as part of your use of the Services. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Company reserves all rights in and to the Site and App and Services not expressly granted to you under these Terms.
Content
Subject to your compliance with these Terms, Company grants you, where applicable, a personal, noncommercial, nonexclusive, non transferable, non sublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Services. “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including User Content. “User Content” means any Content a user of the Services provides to be made available through Services.
Company does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use your User Content. Subject to the foregoing, Company and its licensors, as applicable, exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
By making any User Content available through the Services you grant to the Company a nonexclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others. By accepting these terms, you allow the Company to benefit freely from the above rights, including but not limited to: The right to reproduce User Content by any means and in any form; The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), in return for payment or free of charge in all places by any means or process known or unknown at the present time, and in particular via Internet, pay per view, pay per play, theatrical or television broadcasting, DVD, and print; The right to use the User Content for demonstration, promotion and advertising for all Services; and The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by Services or by any outside party of its choice.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by the Company on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against the Services or any third party designated by Services.
Conduct
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so: collect, store or share any personally identifiable information of other users from the Services without their express permission; extract, scrape, or index the Services or Content (including information about users or gameplay); use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to (a) gathering in-App items or resources for sale outside the Apps, (b) performing services in the Apps in exchange for payment outside the Apps, or (c) selling, reselling, or renting the Apps or your access; attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by the Services or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind); attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content; bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Services or Content; use, display, mirror, or frame the Services or any individual element within the Services, name, trademark, logo, or other proprietary information, or the layout and design of any page or App without Company’s express written consent; post, publish, submit or transmit any Content that 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; access, tamper with, or use nonpublic areas of the Services, computer systems, or the technical delivery systems of Company’s providers; attempt to probe, scan, or test the vulnerability of any Services system or network or Services, or breach any security or authentication measures; use any meta tags or other hidden text or metadata utilizing a Company trademark, logo, URL, or product name without Company’s express written consent; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information; interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services; delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content; violate any applicable law or regulation; or encourage or enable any other individual to do any of the foregoing.
Although Company is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. Company may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF THE TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Events
The term “Event(s)” means any in-person event, gathering, activity or the like which is directly organized, hosted, or managed by Company, and any Promotion (as defined below). By registering or, where required, purchasing tickets for an Event, you represent and warrant that the information you provide is true and accurate. If you are registering or purchasing tickets on behalf of others, you represent and warrant you have all necessary rights and consents to register and provide this information for others.
Subject to applicable law and the exceptions set forth in these Terms, no refunds or exchanges of Event tickets are permitted and tickets are non-transferable. Reasonably acceptable proof of identity, for example a driver’s license or passport, showing the same first and last name as those provided at time of prior registration, may be required to access an Event. Actual or attempted resale of tickets subjects them to revocation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen, or counterfeit and may not be honored. Tickets cannot be replaced if lost, stolen or destroyed. Commercial use of tickets is prohibited without written approval from Services. Tickets are not redeemable for cash or credit. You agree to abide by any published ticket limits or restrictions, and orders exceeding or violating these restrictions are subject to cancellation without notice or refund. Events may have limited space and/or availability and Services does not guarantee your ability to purchase a ticket or attend an Event.
Unless otherwise prohibited under applicable law, by attending an Event you acknowledge that Company may use your data collected pursuant to the Privacy Policy for providing Event features (both in person and online), including contacting you and giving you updates about the Event, emailing you required materials (e.g., a QR code), providing emergency or severe weather notifications, or public Event leaderboards and gameplay competitions.
You shall at all times comply with all applicable laws and any rules and policies provided by Company or any other authorized party involved in creating or delivering the Event, including all health and safety policies and procedures and all reasonable instructions of the venue staff and Company representatives at the Event. As a condition of participation, you agree to comply with all policies on the Site or in the App, including, without limitation, any applicable Event website.
Illicit drugs, controlled substances, contraband, weapons and illegal items are prohibited at Events. You agree and consent to reasonable security precautions and search on entry. To the fullest extent permitted by applicable law, you waive and release Company and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such security precautions and/or searches. If you elect not to consent to such security precautions and searches, you may be denied entry, or removed from, an Event without refund or other compensation.
Company and its authorized third parties reserve the right to refuse admission to, or to remove from an Event without refund or compensation of any kind, any person that (a) does not comply with these Terms, (b) engages in disorderly conduct or willful misconduct, or (c) Company or its authorized third parties believe will cause a negative effect on the Event, participants, spectators, and/or personnel. Any minor attending an Event must be accompanied by a Parent/Guardian.
UNLESS PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT BY PURCHASING TICKETS TO, PARTICIPATING IN OR ATTENDING AN EVENT, YOU WILLINGLY, KNOWINGLY AND VOLUNTARILY ASSUME ANY AND ALL RISKS OCCURRING BEFORE, DURING OR AFTER THE EVENT, INCLUDING INJURY BY ANY CAUSE AND DAMAGE, LOSS, OR THEFT OF PROPERTY. You acknowledge that Events, and certain activities at Events, have inherent and unforeseen risks, including but not limited to (a) contact or collision with persons or objects, (b) obstacles (e.g., natural and man-made water, road and surface hazards), (c) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure), (d) weather related hazards, (e) inadequate first aid and/or emergency measures, (f) judgment and/or behavior related problems (e.g., erratic or inappropriate participant, co-participant, or spectator behavior or errors in judgment by personnel at the Event), and (g) natural hazards (e.g., uneven or difficult terrain, wildlife and insects, contact with plants). You agree to take reasonable precautions before attending or participating in an Event and its activities, for example consulting with a personal physician and ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies. You further understand and acknowledge it is your responsibility to inspect the Event grounds, facilities, equipment and areas to be used, and that by participating in the Event, you acknowledge the Event grounds, facilities, equipment, and areas to be used are safe, adequate, and acceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately notify appropriate personnel and cease participation in the Event.
To the extent permitted under applicable law, you hereby waive and release Company and any other party involved in creating or delivering the Event from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to your attendance or participation in an Event, including for negligence, inherent and unforeseen risks, injury or damage to persons or property and the actions of third parties or Event participants and spectators.
Subject to applicable law, all schedules and any live or in-game experiences, activities, goods, services, perks, items, rewards and/or Content (collectively “Event Features”) advertised in connection with an Event are not guaranteed and are subject to change and/or cancellation at any time prior to or during an Event without notice or compensation of any kind. Admittance to an Event does not guarantee any specific Event Features while at the Event.
Event date, time and/or location are subject to change at any time, and Company will make a commercially reasonable effort to notify you in advance of any material changes. If an Event is canceled, suspended, or rescheduled and you are not able to attend, you will not be entitled to any compensation other than a refund of the ticket price at its face value with no further liability or compensation from Company or any other party. Any travel or accommodation costs incurred are entirely your responsibility.
Seizure warning
It’s possible that in certain cases, a player may experience seizures when interacting with certain light patterns or flashing lights in the player experience. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality/augmented reality headset/glasses/equipment may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy or motion sickness. The Company takes no responsibility for such effects in the experience and end results thereof and you are accessing and playing the experience at your own risk. Nor does the Company take any responsibility for motion sickness, any balance problem etc. that may occur from the playing of the experience.
Beta Programs
Company may offer you early access to certain pre-release mobile application software (“Beta Software”) in order to allow you to test and provide feedback on Beta Software as part of Company’s beta testing program (“Beta Program”). This Section only applies to closed Beta Programs, where Company offers private access to selected testers. This Section does not apply to open betas that Company makes publicly available on an app store.
You acknowledge that any product features or content, game documentation, promotional materials and/or any other information that Company may provide to you in connection with the Beta Program (“Test Materials”), the Beta Software, as well as everything related to the Beta Program is the exclusive property of Company, is confidential, and should be treated as confidential until such time as Company releases it.
If Company offers you access to the Beta Software, then, subject to your compliance with these Terms, Company grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta Software solely for the purposes of testing and providing feedback on the Beta Software as part of the Beta Program. Without limiting the foregoing and except as prohibited under applicable law, the following are prohibited and you may not: copy, modify, or create derivative works based on the Beta Software; give or sell the Beta Software to anyone; reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code of the Beta Software; install the Beta Software on systems you don’t directly control or that you share with others; discuss the Beta Software with or demonstrate it to anyone outside of Services; blog, tweet, or otherwise publicly post information about the Beta Software; take screenshots, photos, videos, or audio recordings of the Beta Software unless Services has allowed you to do so in writing; or make Beta Feedback (as defined below) available to any third party, unless approved by Company in writing and in advance.
Be careful when using the Beta Software in public. Do not allow anyone to see, hear, film, or photograph the Beta Software. Please notify Company promptly of any unauthorized access or of any suspected breach of your access security. Company may collect your comments, suggestions, and feedback on the Software, and may also track your use of the Software through analytic tools. All such comments, suggestions, feedback, and analytic data (collectively, the “Beta Feedback”) is the exclusive property of Company.
You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Company, and you will not be compensated for your participation or any Beta Feedback. Unless prohibited by applicable law, all Test Materials are provided to you “as is” without any explicit or implicit warranty of any kind. You understand that the Beta Software is in development and may contain errors, bugs, and other problems that could cause loss of data and/or system failure. You should install the Beta Software on non-production devices that are not business critical and have been backed up. To the extent permitted under applicable law, Company is not liable in any way for any damages you might incur as a result of your participation in the Beta Program.
You agree that any breach of your confidentiality obligation will result in irreparable harm to Company, the extent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy. Accordingly, you agree that in the event you breach your confidentiality obligation, Company will be entitled to injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies which it may have available.
Disclaimer of Warranties
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT COMPANY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms, 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 Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your state of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.