A. Acceptance of Terms
The Platform is currently owned and operated by Immrse Education Private Limited.
All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Platform in any manner.
1. Immrse endeavors to provide the best possible services to its users by the means of videos, gamified simulations and bonafide information through our Virtual Internship Program. The information provided on our site, is only meant for bonafide guidance but should not be considered or relied upon as the sole factor for arriving at any decision. We, by no means should be held liable for any loss caused to the users through the use of our services.
2. The users must understand and acknowledge that Immrse do not present a scientific approach to career decision-making. There are other means and ways to obtain requisite guidance; users must exercise discretion.
3. Immrse has spoken to numerous professionals in different fields and have produced high quality videos and simulations based on such interaction and research. These videos and gamified simulations are made bearing in mind various factors including but not limited to users’ age and hence have been simplified to cater to your needs. The information disseminated is not exhaustive and should not be misconstrued as the same.
4. Immrse endeavors to include changes witnessed in professional requirements, standards, regulations, norm and regulations. Immrse shall not be held liable for the failure of such inclusion in a timely manner.
5. All professionals on our sites are bonafide experts in their own fields. Immrse has not resorted to using actors in our videos and simulations. All information, views and opinions provided by such professionals are their own.
6. Immrse has conformed to professional ethics and norms of all professions mentioned on its sites. The association between Immrse and the professionals must not be construed as a marketing/ advertising tie-up.
7. Immrse provides advise and recommendations based on the information received from the user/s and results of the simulations and is not responsible for the outcome of the assessments in any manner.
8. Immrse shall not be responsible in any manner for any liability that may arise directly or indirectly due to use of information, content or the report, including (but not limited to) errors or omissions, the accuracy, completeness, reliability, or reasonableness of factual or scientific assumptions, studies, remarks, test results or conclusions contained in such information, content or report.
9. Immrse is not responsible for any liability for, claims, losses and damages of any kind, direct or indirect, arising out of use, reference to any information/result provided by the Platform.
10. Immrse shall not be held liable for unsatisfactory user experience on account of users’ poor internet/broadband connection or outdated hardware/software.
C. Membership and Accessibility
1. LICENSE TO ACCESS
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Platform is available for all adults and minors who have obtained guardian/parental consent and supervision. You represent, acknowledge and agree that you have met the above criteria, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Platform and Services offered through this Platform do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are not complying with any applicable laws, rules or regulations.
You need not register with Immrse to simply visit and view the Platform, but to access and participate in certain features of the Platform, you will need to create a password- protected account (“Account”). To create an account, you must submit your name and email address through the account registration page on the Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Immrse in providing you with a more customized experience when using the Platform. You may also register for an Account using your other existing account and log-in credentials (your “Third-Party Site Password”).
You are solely responsible for safeguarding your Immrse password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Immrse immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s
Account without Immrse’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform.
You hereby expressly acknowledge and agree that you yourself and not Immrse will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Immrse or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a “Registered User.”
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
- You will not copy or distribute any part of the Platform in any medium without Immrse’s prior written authorization.
- You will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose.
- You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
- You shall not use any automated system, including but not limited to, “robots,” “spiders” “offline readers,” “scrapers,” etc., to access the Platform for any purpose without Immrse’s prior written approval.
- You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
- You shall not in any way that transmits more request messages to the Immrse servers, or any server of a Immrse subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Immrse reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not take any action that (i) unreasonably encumbers or, in Immrse’s sole discretion, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (iii) bypasses Immrse’s measures that are used to prevent or restrict access to the Platform.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.
3. ADDITIONAL POLICIES
D. Member Conduct
1. PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including your profile (“Profile”) and Feedback (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
- invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage Immrse or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is
- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material
and to grant Immrse all of the license rights granted herein;
- contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on platforms or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Immrse employee, agent, manager, host, another user, or any other person though any means;
- advertises or solicits a business not related to or appropriate for the Platform (as determined by Immrse in its sole discretion);
- contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
- contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm Immrse, or the interests or property of Immrse users
- contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Immrse
2. NO DISCRIMINATION
1. Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Immrse will not knowingly accept any Posting which is in violation of the law. Immrse has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
2. PROHIBITIONS WITH RESPECT TO SERVICES
While using the Platform, you shall not:
- post content or items in any inappropriate category or areas on the Platform;
- fail to deliver payment for Services purchased by you.
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Platform or using it for purposes unrelated to the Platform);
1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above- referenced rules in connection with leaving Feedback, Immrse, in its sole discretion, may
take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account;
2. Reporting Inappropriate Use of Feedback. You may contact Immrse regarding any inappropriate use of Feedback via-email at email@example.com.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Immrse reserves the right to (a) terminate your access to your Account, your ability to post to this Platform (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Immrse determines is inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services. When legally required or at Immrse’s discretion, Immrse will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the Internet. Immrse does not and cannot review every Posting posted to the Platform. These prohibitions do not require Immrse to monitor, police or remove any Postings or other information submitted by you or any other user.
E. Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) misuse any options made available now or in the future by Immrse in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Immrse, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User’s Account privileges; and/or (c) suspend the Service User’s Account;
F. User Content transmitted through Immrse
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of
any third-party rights. By uploading any User Content you hereby grant and will grant Immrse, its affiliated companies and partners (including but not limited to Immrse instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display,
upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).You acknowledge and agree that Immrse may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Immrse, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Immrse may also disclose user information including personal information if Immrse reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Immrse’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
2. YOUR REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Immrse to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO IMMRSE
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Immrse for posting on the Platform, you hereby grant, and you represent and warrant that you have the right to grant, to Immrse a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of,
display, and perform the Submitted Content in connection with the Platform and Immrse’s business operations, including without limitation, for the promotion and redistribution of any part or all of the Platform, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Platform a non-exclusive license to access your Submitted Content through the Platform,
networks or devices.
You may remove your Submitted Content from the Platform at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
4. IMMRSE’S DISCLAIMERS AND RIGHT TO REMOVE
2. You acknowledge and understand that when using the Platform, you will be exposed to Submitted Content from a variety of sources, and that Immrse is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you
agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Immrse with respect thereto, and agree to indemnify and hold Immrse, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.
3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Platform, or transmit to other Platform users. You understand and agree that Immrse may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal,
or that might violate the rights, harm, or threaten the safety of Platform users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Immrse, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the Platform,including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby
assign all right, title, and interest in, and Immrse is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Immrse is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
G. Service Content, Trademarks and Copyrights
“Content” means any and all information and data which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, simulations, interactive features and other materials. Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Immrse, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Immrse from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
H. Modifications to or Termination of Platform
1. MODIFICATION OR CESSATION OF PLATFORM
Immrse reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that Immrse shall not be liable to you or to any third party for any modification, suspension or discontinuance of Immrse services.
2. TERMINATION BY IMMRSE
You hereby acknowledge and agree that Immrse, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform or otherwise terminate your access to or participation in the use of the Platform (or any part thereof), immediately and without notice, for any reason, including without limitation, Account inactivity or if Immrse
3. EFFECT OF TERMINATION
Upon termination of your Account, your right to use the services offered on Immrse’s Platform including, without limitation, discounts, or other special offer rewards, shall automatically terminate. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in
the Immrse system. When and if Immrse terminates/ cancels your use of the Platform and its Services, if you provided a valid email address during registration, Immrse will notify you via email of any such termination or cancellation, which shall be effective immediately upon Immrse’s delivery of such notice.
I. Intellectual Property Rights
1. IMMRSE OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE PLATFORM
The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein ("Marks"), are owned by Immrse. Other trademarks, names and logos on this Platform are the property of their respective owners. Data on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Immrse reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any
commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
2. IMMRSE’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
your personal use in connection with accessing and participating in the Platform. The Platform may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
J. Immrse Fees
FEES INCURRED BY SERVICE USERS
Visiting Immrse’s Platform and viewing the non-chargeable parts of the Services offered is free. However, To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Immrse information regarding your credit card or other payment instrument. You represent and warrant to Immrse that such information is true and that you are authorized to use the payment
instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Immrse the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service.
Immrse reserves the right to modify its fee for its Service (or any part thereof) with or without notice. You agree that Immrse will not be liable to you for any such modification. The fee reflected on our platform will be effective from the date of modification and will not entail any retrospective effect. Should you become dissatisfied with the Service, we will not refund the amount of your purchase and subsequently terminate your access. Payments are nonrefundable and there are no refunds or credits for partially used periods. It is the sole responsibility of the user enrolling for a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment to a Program is non-transferable. You are expressly agreeing that Immrse is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Platform and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Immrse may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Immrse reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.
K. Dispute Resolution
strongly encourage you to first contact us directly to seek a resolution via e-mail at firstname.lastname@example.org The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
L. GOVERNING LAW
Aspects of the Platform and other Immrse services may be supported by advertising revenue. As such, Immrse may display advertisements and promotions on the service. The manner, mode and extent of advertising by Immrse on the Platform are subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by Immrse of any advertised products or services. You agree that Immrse
shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
N. Third-party Links, Contact Forms and Phone Numbers
The Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other platforms or resources, including, without limitation, social networking, blogging and similar platforms through which you are able to log into the Platform using your existing account and log-in credentials for such third-party platforms. Certain areas of the Platform may allow you to interact and/or conduct
transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Platform to be shared with your contacts in your third-party site account. Because Immrse has no control over such sites and resources, you acknowledge and agree that Immrse is not responsible for the availability of such external sites or resources, and is not responsible
or liable for any content, advertising, products, goods or services on or available from such platforms or resources. Unless expressly stated on the Platform, links to third-party sites should in no way be considered as or interpreted to be Immrse’s endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that Immrse shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such platform or resource. The Third-party platform may have different privacy policies and terms and conditions and business practices than Immrse. In certain situations, you may be transferred to a Third-party platform through a link or
Immrse has undertaken meticulous and extensive research before designing and producing its services. On the instance of disagreement between our “Right Answer” as mentioned in the VIP and your opinion, you can write to us at email@example.com regarding the same. Immrse is always open to the suggestions of the user/s and shall endeavor to do all such suggestions that may enhance the utility to the user/s for the benefit of user/s as well as Immrse. However, Immrse is not bound by such suggestions in any manner whatsoever.
P. Disclaimer of Warranties
You agree that your use of the platform shall be at your own risk. To the fullest extent permitted by law, and immrse and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this platform, the services offered on or through this platform, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this platform, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this platform, the services offered on or through this platform, data, materials, submitted content, and any information or material contained or presented on this platform is provided to you on an “as is,” “as available” and “whereis” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Immrse does not provide any warranties against errors, mistakes, or inaccuracies
of data, content, information, materials, substance of the platform or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, any interruption or cessation of transmission to or from the platform, any defamatory,
offensive, or illegal conduct of any third party or service user or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the platform or submitted content posted, emailed, transmitted, or otherwise made available via the platform. Immrse does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or
offered by a third party through the platform or any hyperlinked site or featured in any banner or other advertisement. Immrse will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party service professionals of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Q. Limitations of Liability
1. In no event shall immrse, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the platform or any services offered by any service professionals via the platform, including services provided pursuant to an agreement formed independently of the platform, whether or not an agreement for service formed via the platform is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the platform or submitted content; (iii) any
unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party; (v) any interruption or cessation of transmission to or from the platform; (vi) any errors or omissions in any data, content, information, materials or substance of the platform or submitted content; (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the platform; (viii) any defamatory, offensive, or illegal conduct of any third party or service user or service professional; or (ix) any use of any data, marks, content, information, materials or substance of the platform or submitted content posted, emailed, transmitted, or otherwise made available on or through the platform, whether based on warranty,
contract, tort (including negligence), or any other legal theory, and whether or not immrse is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
2. In no event shall the total, aggregate liability of immrse, or any of the above-referenced respective parties, arising from or relating to the platform, and/or submitted content exceed the total amount of fees actually paid to immrse by you hereunder. You hereby acknowledge and agree that immrse shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or
service provider and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that immrse shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between
platform users entered into independently of the platform. The platform may contain links to third-party platforms that are not owned or controlled
by immrse. Immrse does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party platforms. In addition, immrse will not and cannot censor or edit the content of any third-party site. By using the platform, you expressly relieve immrse from any and all liability arising from your use of any thirdparty platform. Accordingly, please be advised to read the terms and
R FORCE MAJEURE
S. Indemnification and Release
T. No Third-party Beneficiaries
V. General Information
2. SECTION HEADINGS