METAQUEST MOBILE APP/ SOAPBOX TERMS OF SERVICE (“TERMS”) v1.0
Introduction
Thank you for using Meta Quest™ virtual reality (VR) mobile application (the “App”)! The App provides cutting-edge recorded 3D multimedia content by a variety of modern performers.
The App is created and owned by SOAPBOX LLC, a Georgia limited liability company with a mailing address of PO Box 50, Powder Springs GA 30127 (referred to as “Meta Quest”, “we”, “us”, or “our”).
Applicable Terms
Your use of the App is subject to these Terms, and our Privacy Policy which may be updated from time to time (together, this "Agreement"). Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the App.
Who may use the App?
Age Requirements
You must be at least 13 years old to use the App.
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the App. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the App, you are subject to the terms of this Agreement and are responsible for your child’s activity on the App.
Your Use of the App
You are required to establish a Meta Quest account in order to use the App. Once your account has been set up, you can log into Meta Quest using your Meta Quest ID that is associated with your account, or use your existing Google account to sign in.
To protect your Meta Quest account, create a unique, strong password and keep this password confidential. Do not reuse your Meta Quest account password with other accounts or applications.
Content on the App
The App provides content including two- and three-dimensional videos, audio (music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Meta Quest or a third-party (collectively, "Content”).
Your Information
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the App.
Permissions and Restrictions
You may view or listen to Content on the App for your personal, non-commercial use only. The following restrictions apply to your use of the App. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the App or any Content except: (a) as permitted by the App; or (b) with prior written permission from SOAPBOX LLC and, if applicable, the respective rights holders;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the App (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the App or Content;
access the App using any automated means (for example, robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with Meta Quest’s robots.txt file; or (b) with SOAPBOX LLC’s prior written permission;
collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
use the App to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly show 3D videos or stream music from the App); or
Ownership
Using the App does not give you ownership of or rights to any aspect of the App or the Content delivered by the App. You are violating these Terms by misrepresenting ownership of the Content. For example, if you post Content from the App on your social media account and try and claim that a performance was your own, this is a material violation of these Terms, which may result in access to your account.
Suggestions and Improvements
SOAPBOX LLC is constantly changing and improving the App. As a result, we may make modifications or changes (to all or part of the App) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the App, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our products. These changes may affect all users, some users or even an individual user. The App may, depending on your device settings, update automatically on your device once a new version or feature is available. If we have to make material changes that negatively impact your use of the App, we will provide you with reasonable advance notice, except in urgent situations. Such urgent situations could involve preventing abuse, responding to legal requirements, or addressing security and operability issues.
Suspension/Termination
Terminations by You
You may stop using the App at any time. Any of your personal data collected during your use of the App will be handled and disposed of in accordance with our Privacy Policy.
Terminations Suspensions of Account
SOAPBOX LLC reserves the right to suspend or terminate your Meta Quest account or your access to all or part of the App if: (a) you materially or repeatedly breach these Terms; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to us or any user, or a third party.
Notice for Termination or Suspension
We will notify you of the reason for termination or suspension unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the App; or (d) would cause harm to use, any user, or a third party.
Effect of Account Suspension or Termination
If your Meta Quest account is terminated or your access to the App is restricted, you may continue using certain aspects of the App (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal by contacting Soapbox LLC at support@soapbox.us.
About Software in the App
Limited License
Soapbox LLC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software incorporated into the App. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Meta Quest App, in the manner permitted by these Terms. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit such restrictions or you have Meta Quest’s written permission.
Open Source
Some software used in our App may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these Terms, so please be sure to read those licenses.
Other Legal Terms
Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE APP IS PROVIDED “AS IS” AND SOAPBOX LLC DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE APP. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; OR (B) THE SPECIFIC FEATURES OF THE APP, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, SOAPBOX LLC, AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR:
ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
LOSS OR CORRUPTION OF DATA;
ERRORS, MISTAKES, OR INACCURACIES ON THE APP;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE APP;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE APP;
ANY INTERRUPTION OR CESSATION OF THE APP;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY;
ANY CONTENT WHETHER SUBMITTED BY A USER OR SOAPBOX, INCLUDING YOUR USE OF CONTENT; AND/OR
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
SOAPBOX AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE APP IS LIMITED TO $500.00 (US).
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Soapbox LLC, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right in or to any Content; or (iv) any claim that your misuse of the Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the App.
Third-Party Links
The App may contain links to third-party websites that are not owned or controlled by SOAPBOX LLC. SOAPBOX LLC has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the App; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
About this Agreement
Changing this Agreement
We may change this Agreement, for example, (1) to reflect changes to our App or how we do business. For example, we may change this Agreement when we add new products or features or remove old ones, (2) when laws or regulations governing the App change, (3) for security reasons, or (4) to prevent abuse or harm to us, you, or third parties.
If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you may not continue using the App.
Continuation of this Agreement
If you cancel your Meta Quest account, or stop using the App permanently, the following terms of this Agreement will still continue to apply: “Other Legal Terms” and “About This Agreement”.
Severability
If it turns out that any part of this Agreement is not enforceable for any reason, this will not affect any other terms, and the remaining parts of the Agreement will be interpreted as though the unenforceable portion did not exist in the first place.
No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future), unless we specifically provide you with a waiver in writing (for example, via email).
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes only, and should not be construed as limiting.
Governing Law
All claims arising out of or relating to this Agreement or the App will be governed by Georgia law, without regarding to Georgia’s conflicts of laws provisions, and will be litigated exclusively in the federal or state courts located in the Northern District of Georgia and Cobb County, Georgia, respectively. You and SOAPBOX LLC hereby consent to personal jurisdiction in these courts.
Limitation on Legal Action
YOU AND SOAPBOX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ACCOUNT OR THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Agreement is effective 1/23/2024