The following terms and conditions govern your Account and use of Services with Immersio. Your contract and Account may be with Immersio Learning Inc. (if you register from within Canada and the rest of the world), or with its subsidiary, Immersio Learning Inc. (if you register from within the United States). Collectively, all of these entities are referred to here as “Immersio”.By signing up for the Immersio service or using the Immersio website (our “Services”) or any of the Services of Immersio you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. Immersio reserves the right to update and change the Terms of Service by posting updates and changes to the Immersio website. We recommend that you check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Immersio or any Immersio Services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
You agree to the following terms relating to your account:
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Services or have such authorization from your parents or guardian.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You are responsible for ensuring that your registration information is true, accurate and complete.
- You acknowledge that Immersio will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Immersio cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as videos, files, data, graphics, photos and links that are uploaded to your Immersio account (“Content”).
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Immersio will result in an immediate termination of your Services.
- You have to use your own information to create a valid Immersio Account and you are responsible for the details of that account. Remember that we can cancel your service if you violate any of these terms. If we need to reach you, we will send you an email to the email that you provided.
2. Account Activation
- Subject to section 2.1, the person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Services.
- If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
The person signing up for the Immersio Services is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
3. General Conditions of Use
The following general conditions apply to your use of the Services:
- Technical support is only provided to paying Account Owners and is only available via email.
- You are responsible for the conduct on your Account and the conduct of your customers.
- You must ensure that you and your customers do not:
- use the Services for any illegal or unauthorized purpose nor may you, in your use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada;
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission;
- misuse the Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions we provide;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Immersio or Immersio trademarks and/or variations and misspellings thereof;
- circumvent or attempt to circumvent any limitations imposed on your account;
- probe, scan, or test the vulnerability of any Immersio system or network, unless we have given you prior written authorization;
- decipher, decompile, disassemble, translate, create derivative works, reverse engineer or otherwise attempt to reconstruct, identify or discover any source code, algorithms, underlying ideas or underlying user interface techniques in the Services or any of the software used to provide the Services, or attempt to do so;
- directly or indirectly identify a customer contrary to the terms of any Confidentiality Notice or other privacy setting, or attempt to do so;
- use the Services to collect or store any sensitive information (“Sensitive Information”) including personal health information, banking and credit card information, and if you do use Immersio to collect, store or otherwise process any Sensitive Information you do so at your own risk and you are responsible for ensuring compliance with all applicable laws;
- transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services;
- use the Services to infringe the Intellectual Property Rights of others, or to commit any unlawful activity;
- attempt to circumvent any license, timing or use restrictions that are built into the Services; or
- lend, resell, lease or sublicense or otherwise use the Services for the benefit of a third party, unless we have given you prior written authorization
- Questions about the Terms of Service should be sent to support@Immersio.io.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- If you are on a Immersio plan with transaction fees and don’t have written consent from Immersio, you agree not to charge people to access your courses other than by collecting payments on the Immersio Services. Any attempt to bypass the Immersio payment system to avoid transaction fees may result in the suspension or cancellation of your account. If you would like to avoid transaction fees please contact us to switch to a plan with no fees.
- We do not knowingly provide services or sell products to children. If you are below the age of 16, you may use our website or the Services only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at info@Immersio.io.
- The Immersio Services belong to us. You are not allowed to steal or copy it or use it for any illegal or sketchy purpose.
- If you’re on an older plan with transaction fees, don’t bypass our billing system to avoid them. If you’d like a no fees account, you can switch to one of our current plans.
- On the internet, your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
- Do not use our services if you are a minor without the authorization of your parent or guardian.
4. Immersio Rights
The following are Immersio’s rights in regards to the Services and these Terms of Service:
- We reserve the right to modify or terminate the Services for any reason, without notice at any time.
- We reserve the right to refuse our Services to anyone for any reason at any time.
- Immersio does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Services.
- We may, but have no obligation to, remove Content or suspend an Account Owner’s access to the Services if they share or otherwise make available Content containing material that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) by an Account Owner or its representatives directed at any Immersio customer, Immersio employee, member, or officer will result in immediate account termination.
- We reserve the right to provide our Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Immersio employees and contractors may also be Immersio customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Immersio retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, Immersio reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
- We can modify, cancel or refuse the Services at any time.
- In the event of an ownership dispute over a Immersio account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
- You expressly understand and agree that Immersio shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Immersio or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). you agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Immersio partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Services is at your sole risk. The Services is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- Immersio does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Immersio does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- Immersio does not warrant that the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
- In no event will Immersio’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the lesser of: the fees paid by you for the Immersio services hereunder during the one (1) month period immediately preceding the date on which the cause of action arose or 100$.
- We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
- Services are “as is” so it may have errors or interruptions and we provide no warranties.
- The total amount of our potential liability is limited to one month of your fees paid to us.
6. Waiver and Complete Agreement
The failure of Immersio to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Immersio and govern your use of the Services, superseding any prior agreements between you and Immersio (including, but not limited to, any prior versions of the Terms of Service).
- If Immersio chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
- These terms of Services make up the agreement that applies to you. This means that any previous agreements between you and Immersio don’t apply if they conflict with these terms.
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the Immersio Services including Content. All material you
- You retain ownership over all content that you submit to a Immersio site, including compliance of your Content with any applicable laws or regulations.
- By uploading Content, you agree: (a) to provide Immersio the right to display and store your Content: (b) to allow other internet users to view your Content; and (c) that Immersio can, at any time, review all the Content submitted by you to its Services.
- You acknowledge that, in order to ensure compliance with legal obligations, we may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms of Service. We may also prevent access to or refuse to display content that we reasonably believe violates the law or these Terms of Service. Immersio has no obligations to monitor or review any content submitted to the Services by you or any other person.
- Any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our services, site, proposed services, documentation or business (“Feedback”) that you provide to Immersio will be owned by Immersio and you hereby waive any claim you have to ownership, compensation, monetary or otherwise, for providing the Feedback and for Immersio’s use of your Feedback.
- You hereby grant Immersio a non-exclusive right to use your trade-names, trademarks, service marks, trade dress and logos to promote the Immersio service.
- We will not disclose your Confidential Information to third parties, except as required in the course of providing our Services. “Confidential Information” includes any materials or information provided by you to us which is not publicly known. Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; (d) we are required by law to disclose; or (e) that you have given your consent or instructed us to disclose.
- If you remove content, delete your account or if these Terms of Service are terminated, we will be permitted to retain a copy, including archives, of your Confidential Information or any information that is related to your account (including Content and personal information) if such retention is necessary to meet our legal and compliance obligations.
- Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
- We are allowed to keep a copy of certain information if we are required to do so by law.
8. Payment of Fees
A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
For our paid plans, Services will be billed monthly. When your billing period is over, the Account Owner will be sent an invoice via the email provided.
Account Owners must dispute any discrepancies or errors in their invoices within two weeks of their receipt of an invoice/bill.
All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and Services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Immersio’s products and Services, including without limitation, your subscription to or purchase of Immersio’s e-commerce Services (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of Immersio’s products and Services, Immersio will attempt during the purchase process to verify your location and will not charge you tax on top of your purchase. Should Immersio request it, you must provide us with a statement by email to finance@Immersio.io stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when Immersio’s products and Services were made available to you. The statement should also include your complete home and/or business location
address. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to finance@Immersio.io.
Immersio does not provide refunds.
- For live payment gateways, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay. If you’re in Canada and exempt from Canadian taxes, let us know by giving us your original exemption certificate.
- No refunds.
9. Immersio Payments
- Payments Platform. Immersio offers access to a payments platform through which you may process payment transactions with your students or other users (“Immersio Payments”). We use a third party payments processor and platform provider like Stripe Inc. (“Stripe”) to facilitate Immersio Payments (the “Provider”). We reserve the right to change the Provider at any time, in which case you agree to take whatever steps as we may advise in order to migrate the Immersio Payments service to another Provider.
- Fees. We will charge you a fee for every transaction you process through Immersio Payments, including purchase/payment transactions and credit/refund/return transactions. Fees for Immersio Payments are payable by you to Immersio in accordance with the Pricing Schedule posted on our website.
- Settlement of Transactions.
- We will deposit the amounts actually received by us for transactions submitted through Immersio Payments (less any applicable fees and Chargebacks, defined below) into your designed bank account or by any other means that we may make available and you may select (such as push card payments), in accordance with the payout schedule in your Immersio plan. Your payout schedule is subject to change if your Immersio plan changes. Payouts for new customers may be delayed while we verify your account.
- You are responsible for monitoring your transactions and ensuring that our payments to you are correct. You must notify us of any errors in payments made to you within sixty (60) days of the error first appearing on your electronic transaction history. Failure to notify us of such an error in accordance with these Terms of Service will be deemed a waiver of any right to amounts owed to you.
- We may delay settlement if we need to conduct an investigation or resolve any suspicious activity or pending dispute related to any transaction or your account, for the entire time it takes for us to do so. We also may defer settlement or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entity.
- The amount of a transaction may be reversed or charged back to your bank account (a “Chargeback”) if the transaction (a) is disputed by one of your students or other users, (b) is reversed for any reason by a payment card network (defined below), our Provider, or a payer’s or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Service. We will charge you a fee of $25 for each Chargeback.
- For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve (defined below). We may deduct the amount of any Chargeback and any associated fees, fines, or penalties assessed by the card-issuing bank or organization or our Provider from your bank account (including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay settlement of future transactions. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under these Terms of Service until such time that (a) a Chargeback is assessed due to a user’s complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which the user may dispute that the transaction has expired or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any amounts due to Immersio under these Terms of Service that are unpaid by you.
- If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your account, including without limitation, by (a) establishing new processing fees, (b) creating a Reserve (defined below) in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying settlement and (d) terminating or suspending your access to the Immersio Payments or other Services.
- Any bank account or payment card information may be held by Immersio in order to satisfy any account balances, disputes, refunds,Chargebacks or other liabilities or obligations after leaving or terminating Immersio Payments or any other Service offered under these Terms of Service.
- We may at any time in our discretion designate an amount of funds that you must maintain in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under these Terms of Service. We may require a Reserve for any reason, including if you have a high rate of Chargebacks or refunds, or other indications of performance problems related to your use of Immersio Payments or other Services. The Reserve will be in an amount as reasonably determined by us to cover anticipated Chargebacks, returns, unfulfilled services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or otherwise as we or our Provider may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your account, including but not limited to any funds (a) due to you under these Terms of Service or (b) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under these Terms of Service, including without limitation for any reversals of deposits or transfers made to your bank account.
- Refunds and Returns.
- You agree to process returns, and provide refunds and adjustments, for your goods or services through Immersio Payments in accordance with these Terms of Service and any applicable payment card network rules or our Provider’s terms. Payment card network rules may require that you will (a) maintain a fair return, cancellation or adjustment policy, (b) disclose your return or cancellation policy to customers at the time of purchase, (c) not give cash refunds to a customer in connection with a card sale, unless required by law and (d) not accept cash or any other item of value for preparing a card sale refund. You are responsible for knowing and adhering to the payment card network rules applicable to you, and Immersio will not be liable for any violation by you of the payment card network rules.
- The amount of the refund/ adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the user for postage that the user paid to return merchandise, if applicable. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the user, you may still receive a Chargeback relating to such sales. You can process a refund through your account up to sixty (60) days from the day you accepted the payment. If the balance in your account is insufficient to cover the refund, we will withdraw up to the requested refund amount from your bank account and credit it back to your user’s card. Transaction fees are also refunded, so the full purchase amount is always returned to your user.
- Customer Service. Even if Immersio handles disputes, Chargebacks or refunds on your behalf through Immersio Payments, you are solely responsible for all customer service issues relating to your services, including pricing, fulfillment, cancellation by you or customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from Immersio. As between you and Immersio, you are solely responsible for customer service issues relating to your account.
- Stripe Connected Accounts. Where Stripe is the Provider, the following provisions will apply:
- We may exchange Connected Account Data with Stripe as necessary to detect and prevent fraud, misuse, unlawful, abusive or deceptive activity, and otherwise to allow Immersio and Stripe to each comply with our legal and regulatory obligations.
- You represent and warrant that all information provided to Immersio or Stripe in connection with the creation or maintenance of a Stripe Connected Account is true and accurate in all material respects at all times. You will be responsible for any loss or liability incurred by Immersio due to activity conducted through a Stripe Connect Account initiated by you or on your behalf, or using your credentials even if not authorized by you, and Immersio may deduct such losses from your Stripe Connect Account or your Immersio Account, or require you to pay such losses to Immersio.
- You agree to indemnify, defend and hold harmless Immersio and Stripe and their respective affiliates from any claims brought by a third party arising out of any activity conducted through a Stripe Connect Account or arising out of your breach of these Terms of Service or the Stripe Documentation.
You can use our platform to accept payments and process refunds for your students. You will receive payouts on your payout schedule (based on your current Immersio plan) and you must pay us a fee for each payment/refund transaction that goes through our platform. If we suspect fraud or misuse on your account, we may suspend your payout and we may require you to keep a float on reserve to cover your transaction fees.
We will arrange for a processor to process credit and debit card payments with the payment networks and you will have to agree to the processor’s terms and conditions as well as the payment network rules. Even if you use our Services, including our Immersio Payment, you are still responsible for customer service for your students.
10. Cancellation and Termination
You may cancel your account at any time by emailing customers@Immersio.io and then following the specific instructions indicated to you in Immersio’s response.
Once cancellation is confirmed, all of your Content will be immediately deleted from the Services. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so. If you request that your Content be deleted, Immersio will not be held responsible for any data that is lost. As noted in section 7, above, if you remove Content, we may retain a copy of necessary to meet our legal and compliance obligations.
If you cancel the Services in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
We reserve the right to modify or terminate the Services for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Immersio may prevent you from creating an account or suspend or terminate any account that you create if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Services.
- To initiate a cancellation, email customers@Immersio.io. Immersio will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted and we are allowed to keep a copy, as required by law. If you cancel in the middle of the month, you’ll have one last email invoice.
- We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
11. Modifications to the Services and Prices
Prices for using Immersio are subject to change upon 30 days notice from Immersio. Such notice may be provided at any time by posting the changes to the Immersio Site (Immersio.io) or the administration menu of your Immersio site via an announcement.
Immersio reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice.
Immersio shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
We may change or discontinue the Services at any time, without liability.
12. Optional Tools
Immersio may provide you with access to, and you may choose to use, third party tools as part of the Services, including for example the Immersio App Store, over which Immersio neither monitors nor has any control or input.
You acknowledge and agree that Immersio provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Immersio shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of third-party services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
Immersio strongly recommends that instructors seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates instructors should charge end users.
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.
13. Immersio Experts
Immersio Experts is an online directory of independent third parties (“Experts”) that can help you build and operate your Immersio site. Immersio does not employ Experts and is in no way affiliated with Experts.
Immersio does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about Services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of Immersio and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, Services, activity, business, organization, or person, and any offers, products, Services, statements, opinions, content or information on any linked third-party website.
Under no circumstances shall Immersio be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Immersio experts. these limitations shall apply even if Immersio has been advised of the possibility of such damages. the foregoing limitations shall apply to the fullest extent permitted by law.
Experts are not employees of Immersio and we are not responsible for them.
14. Digital Millennium Copyright Act
14.1 General Policy
Immersio has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is Immersio’s policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue Services to repeat offenders.
14.2 Procedure for Reporting Copyright Infringement
If you believe that Content residing on or accessible through the Immersio web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Immersio is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
14.3 Once Proper Bona Fide Infringement Notification is Received by Immersio’s Support Team
It is Immersio’s policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to Immersio. If no counter-notice complying with Section 14.4 below is supplied, the infringing content will be removed from the system.
14.4 Procedure to Supply a Counter-Notice to Immersio
If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content
from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to Immersio’s Support Team listed below:
- A physical or electronic signature of the Content provider or user;
- Identification of the Content that is claimed to be infringing;
- A statement that the Content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the Content; and
- Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside the United States, for any judicial district in which Immersio is located, and that such person or entity will accept Services of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Immersio’s Support Team, Immersio will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.
14.5 Designated Agent to Receive Notification of Claimed Infringement
Please contact Immersio’s Support Team to submit a Notification of Claimed Infringement at the following address:
Name – Immersio.io, Attn: Copyright Infringement
Email – support@Immersio.io
This information can be referenced if you are setting up Immersio as a Vendor. Email us at billing@Immersio.io if you require additional information.