Terms of Use ("Terms")

Last updated: August 30, 2018

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using any websites (“Sites”) or Apps (collectively our “Service” as defined below) operated by Merge Labs, Inc. (“MERGE”, “us”, “we”, or “our”).

Your access to and use of our Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use our Service. These Terms were originally written in the English language (US). To the extent any translated version of these Terms conflicts with the English version, the English version controls.

Definitions

  • “App(s)” means the MERGE iOS application(s), available for download from Apple, Inc., Android application(s) available for download from Google LLC, and any other software application made by MERGE for use on a mobile device, tablet computer, or desktop computer.
  • “Content” means all content contained in our Sites or the Apps, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of MERGE
  • “Product(s)” means any products purchased from MERGE or through the MERGE Sites or Apps.
  • Our “Service” means all services provided by MERGE through our Sites, Apps or Products.
  • “Sites” means any websites, web pages, and any subpages under MERGE’s control, whether partial or otherwise, including mergevr.com, shop.mergevr.com, dev.mergevr.com, signin.mergevr.com, miniverse.io, etc. and any subpages.
  • “User,” “you,” and “your,” means you and all individuals and/or entities on whose behalf you are accessing or using our Service for any reason.

Eligibility

By accessing or using our Service, you represent and warrant to MERGE that (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to access or use our Service, and your parent has read and agrees to these Terms on your behalf; (ii) all information you provide is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; and (iv) if you are accepting these on behalf of an institution, school, company or other legal entity, you have the authority to bind that institution, school, company or legal entity to these Terms. You also certify that you are legally permitted to use and access our Service and take full responsibility for the selection and use of and access to our Service. These Terms are void where prohibited by law, and the right to access our Service is revoked in such jurisdictions.

Children and Our Service

While our Products are aimed to be used by children of varying ages, some of our Service (including our Sites and any Accounts, as defined below) are intended to be used only by parents, legal guardians and/or teachers over the age of 18 (or age of majority relating to contracts in your jurisdiction).

In order to access certain features of our Service and to post any User Content (as defined below) on or through our Service, a parent, legal guardian or teacher must register to create an account (“Account”) on the website: signin.mergevr.com. By creating an Account, you represent and warrant that you are at least 18 years of age. MERGE reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. It is your responsibility not to disclose your Account credentials to anyone. You will immediately notify MERGE of any unauthorized use of your Account.

In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under 13 years of age.

If a school and/or teacher (the “Educational Institution”) with students that are under 18 years of age uses our Service and provides us with personally identifiable information about its students in order to create user profiles for each of its students, such teacher must first obtain written consent from each student’s parent and/or legal guardian to submit such personally identifiable information to us and use such personally identifiable information in our Service. We use that information to provide our Service to the Educational Institution, consistent with our Privacy Policy. Each Educational Institution acknowledges and agrees that it will not use our Service in any way to collect personally identifiable information from users known to be under 13 years of age.

Each Educational Institution shall also indemnify and hold MERGE harmless from any and all claims that arise from (i) failure to use our Service as intended or (ii) failure to comply with the Child Online Privacy Protection Act of 1998 (COPPA), the Family Educational Rights and Privacy Act (FERPA) or any applicable law.

Purchases

If you wish to purchase any product or service made available through our Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on our Sites. We may experience delays in updating information on our Sites and in our advertising on other web sites. The information found on our Sites may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on our Sites and we cannot guarantee the accuracy or completeness of any information found on our Sites.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of MERGE and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MERGE.

Links To Other Web Sites

Our Services may contain links to third party web sites or services that are not owned or controlled by MERGE.

MERGE has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that MERGE 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, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding our Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Service.

Contact Us

If you have any questions about these Terms, please contact us.

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