Last Updated: 1st July 2019
Welcome to MelodyVR, a virtual reality/360-degree platform that lets you watch concerts from the “unobtainable seat in the house”. We put you up on stage, up close and extremely personal with your favourite artists. We give you the opportunity to select from a variety of live and on-demand programmes, including full concerts, individual tracks, and other audiovisual content (collectively, the “Content”).
1. SERVICE DESCRIPTION
These terms and conditions (“Terms”) apply to MelodyVR’s virtual reality platform and service, including all features and functionalities, website, and user interfaces, as well as all content and software associated with the service and that may be offered from time to time through a variety of Access Points (defined below), referred to collectively as the “Service”. The term “Access Points” refers to, collectively, the MelodyVR website (available at: https://melodyvr.com/, the “MelodyVR Site”), applications, and other places where the Service and the Content are available, including websites, applications, software and hardware of MelodyVR’s third party distribution partners and other websites where users or website operators are permitted to embed, stream or have otherwise licensed the Content.
The Service is operated by MelodyVR Ltd (“we”, “us”, “our”, or “MelodyVR”).
2. ACCEPTANCE OF THESE TERMS
3. CHANGES TO THE TERMS
4. COMMUNICATION PREFERENCES
By using the Service, you consent to receiving electronic communications from MelodyVR relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Service, or in your account settings and will include notices about your account (for example, payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with us.
5. ACCESS AND USE OF THE SERVICES
A. Age Limitations
In order to use the Service and have access to our Content you will need to create an account. You must be 18 (eighteen) years of age or over to create an account, and you confirm that you are legally capable of entering into binding contracts.
B. Limited Licence
The Service and any Content viewed through our Service are for your personal and non-commercial use only. We grant you a limited, non-exclusive, non-transferable, licence to access the Service and view the Content through the Service, including accessing and viewing the Content on a streaming-only basis through the Access Points. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your purchase. Except for the foregoing limited licence, no right, title or interest in the Service will be transferred to you. You agree not to use the Service for public performances.
When you ‘purchase’ any Content on the Service, you are being granted the limited licence outlined above to receive streams of the Content through the Access Points for the time period specified at the time of purchase.
C. Geographic and Streaming Limitations
You may view the Content through the Service primarily within the country in which you have established your account and only in geographic locations where we offer our Service and have licensed such content. The content that may be available to watch will vary by geographic location. MelodyVR will use technologies to verify your geographic location.
D. Compatible Devices
In order to access the Service, you will need to use a device that meets the system requirements that fully supports 360 Virtual Reality and compatibility requirements that we establish from time to time (a “Compatible Device”). Such device may be any device from the Oculus VR Headset range together with a compatible phone to view the content. Screen resolution may vary depending on the pixel resolution on the phone used to view the content. Features and functionalities that we make available through the Service may also differ by Compatible Device and the terms of your access. Although we are working to ensure that our Service is compatible across devices, we cannot guarantee that our Service will work with all devices. Please, therefore, check that your device is compatible with the Service.
E. The Content
i. Usage Rules and Limitations
You may only access and view the Content personally and for non-commercial purposes in compliance with these Terms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trade mark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your purchase or otherwise by MelodyVR in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by MelodyVR in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by MelodyVR. You may not build a business utilising the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by MelodyVR in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
ii. Internet Service, Data Usage, and Content Quality
In order to access the Service, you must have a high-speed broadband, wireless or similar Internet connection from an Internet service provider that meets certain technical specifications. MelodyVR uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution and sound quality, may be affected by the format of the Content, your location, the speed and bandwidth of your Internet service, and the devices used, among other factors. Availability of some of the Content may depend on your Internet service and device capabilities. You are responsible for all Internet access and data charges. As a result, MelodyVR is unable to make any warranties about the Content in these respects.
iii. Explicit Content
By using the Service, you may encounter Content that may be offensive, indecent or objectionable. Except to the extent that we are required to do so by law, such Content may or may not be identified as having explicit language or other attributes. Content types, genres, categories, and descriptions may be provided for convenience, and MelodyVR does not guarantee their accuracy.
iv. Availability of Content
The Content (except for Live Streams, as explained below) that you purchase will generally continue to be available to you for streaming from the Service for the period agreed at the time of purchase. However, it may become unavailable due to potential content provider licensing restrictions or for other reasons. We also reserve the right to make some of the Content available for a limited amount of time. We will do our best to let you know of any of these changes, usage rules of restrictions, where necessary.
v. Live Streams
Where you purchase access to Content that is made available as a live/near-live stream, you can only stream such Content in real time and you will not be able to access such Content after the stream is over. The same Content may, at our sole discretion, be made available at a later date for on-demand streaming but you will need to purchase it separately in order to view it on-demand. You accept that if you commence your access to a live stream after it has commenced, you will not be able to watch such Content from the beginning of the stream.
F. Our Software
MelodyVR software is developed by, or for, MelodyVR and is designed to enable streaming and viewing of Content from MelodyVR through Compatible Devices. This software may vary by device and medium, and functionalities may also differ between devices. We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative due to repair or maintenance work, updates or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Service, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We, or a third party, shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.
G. Changes to the Service
MelodyVR reserves the right to modify, suspend, or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law).
H. Your use of the Service
You agree to, at all times, use the Service, including all features and functionalities associated with it, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or Content therein, and you will not:
i. impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Service for any unlawful purposes;
ii. use virtual private networks, false email addresses or any other means to mask your identity;
iii. attempt to access the accounts of other users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
iv. circumvent, remove, alter, deactivate, degrade or thwart any of the Content protections in the Service;
v. alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services;
vi. use any robot, spider, scraper or other automated means to access, harvest or ‘scrape’ any data from the Service;
vii. upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
viii. upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
ix. do or omit to do anything which would bring us, the Service, our suppliers, licensors, distribution partners or other users into disrepute or in any way damage our or their reputation; or
x. interfere with another user’s use and enjoyment of the Service or the Content in any other manner that could damage, disable, over burden or impair the Service or the Content.
I. Account Restriction/Termination
We may suspend, restrict or terminate your account and your access to the Service if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
6. PAYMENT AND CANCELLATION
When purchasing Content through an Apple or Android device, the payment and cancellation terms and conditions of the applicable app store will apply.
When purchasing Content through an Oculus device, you will be redirected to a secure site operated by Oculus VR, LLC (“Oculus”). Although your contract for the Service is with us, Oculus will send you an invoice for the Service, collect your payment and remit the payment to us less its commission. Oculus will also be responsible for remitting payment of VAT and any other applicable sales tax to the relevant local tax authorities. This does not affect the fact that your relationship for the provision of the Service is with us and that you should direct any query that you may have regarding the Service to us.
The price which you must pay for access to Content is displayed within the Access Point through which the Service and the Content are made available. In order to purchase any of the Content, and make payment through Oculus, you may be required to provide a valid debit or credit card or other payment account that Oculus accepts or, depending on your Compatible Device, you may be able to purchase Content through a third party app store (“Payment Method”). In each case, you agree that Oculus or any third party app store (as applicable) are authorised to charge you immediately and at time of the purchase. You also agree that you shall promptly notify Oculus or such third party app store of any change in your billing information.
i. Price Changes
We may, at any time, adjust pricing for Content, the Service or any components thereof, either immediately by posting on the Service or by notifying you via email.
ii. Payment Methods
You may manage your Payment Method information within your account settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
iii. Your Statutory Right to Cancel
If you are a consumer resident in the European Union, then you may also have the right to cancel your contract with us in relation to the Content purchased through our Service without giving any reason, and ask for a refund within 14 (fourteen) days of purchasing such Content. However, as explained below, this right is lost as soon as you stream, access or use any of the purchased Content.
To cancel your purchase, you must inform us of your decision to cancel. You can contact us by sending an e-mail to Hello@melodyvr.com Please make sure that you include the details of your Content purchase so that we can identify it.
You can also notify us by completing and submitting the Cancellation Form (which you may post or e-mail to us). If you use this method, we will e-mail you to confirm that we have received the cancellation.
If you validly cancel your purchase in accordance with this section, we will refund the price you paid for the Content (if any). We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the purchase.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you purchase Content, you expressly accept that we start providing you this Service within your 14-day withdrawal period and you accept these Terms, conditions, limitations and requirements. You acknowledge that by receiving or accessing the purchased Content during this period, you will lose your statutory right to cancel the purchase.
These rights of withdrawal do not affect your legal rights.
iv. Cancellation Due to Change to Terms
7. ACCOUNT ACCESS AND PASSWORDS
You are responsible for your own account, including making sure that your details are correct and kept up to date and for ensuring that your password is secure. If you think that your account is being used by anyone else, please Contact Us immediately at Hello@melodyvr.com . If we believe that your account has been compromised, we may suspend your account and we will contact you to try and resolve the problem.
8. USE OF INFORMATION SUBMITTED
MelodyVR is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Service, including the MelodyVR Site and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. In addition, you agree to waive any “moral rights” in and to the Feedback and Posts, to the extent permitted by applicable law.
9. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
Nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.
We will not be liable to you for any lack of performance, or the unavailability or failure of the Service or our services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. Any liability we do have for losses you suffer is strictly limited to the purchase price you paid for the Content and we are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.
Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties that may not be excluded or limited under applicable law.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it.
Where we provide digital content (including Content) as part of the Service, then the following will apply for consumers resident in the European Union:
(i) If the Content is faulty, you are entitled to request that it is repaired or replaced;
(ii) If the fault cannot be fixed within a reasonable time, you may be entitled to receive a full or partial refund of any fees paid (if any); and
(iii) If you can demonstrate that the fault has damaged your device and that we have not used reasonable skill and care, then you may be entitled to a repair or to compensation.
We assume no responsibility for the content of websites linked on the Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Nothing in these Terms will affect your legal rights and remedies provided to you under UK consumer law including the Consumer Rights Act 2015. For detailed information about your consumer rights, please visit the Citizens Advice website at www.adviceguide.org.uk.
B. Health and Safety
By accessing our Service you acknowledge that the Content is intended to be viewed in virtual reality (VR) and 360 degree two-dimensional formats (360). VR and 360 Content is not suitable for everyone and you accept that you are accessing and viewing such Content entirely at your own risk. If you have any concerns or doubts about your suitability to view the Content (for example, if you suffer from high blood pressure, motion sickness, epilepsy, inner ear infections or claustrophobia, eye strain, visual abnormalities, impaired balance, headaches or suffer from any other discomfort that may impair your experience of the Content, or are pregnant) please consult your doctor. By accessing the Content, you confirm that you do not suffer from any medical conditions which could make your experience of the Content dangerous, distressing or uncomfortable.