Last updated: October 16, 2017

SPRINGBOARD VR BOOKING TERMS OF SERVICE

This Terms of Service constitutes a binding agreement between you (“User” or “you”) and Springboard Virtual Reality LLC d/b/a Springboard VR ("Springboard" or “us”), an Oklahoma limited liability corporation whose principal place of business is 3334 West Main Street #389, Norman, Oklahoma 73072, as of the date you accept it, regarding the terms and conditions under which Springboard will provide you access to the Springboard VR Booking feature (the “Agreement”). Springboard and User may be referred to herein collectively as “parties” and each individually a “party.”

THIS IS A LEGALLY BINDING CONTRACT. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND AGREE TO BE BOUND BY ITS TERMS.

YOU ALSO REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS CONTRACT AND ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THIS SERVICE AND ARE AT LEAST OVER 13 YEARS OF AGE. YOU DO NOT HAVE TO ENTER INTO THIS AGREEMENT, BUT IF YOU DO NOT YOU WILL NOT BE PERMITTED TO USE THE SPRINGBOARD VR BOOKING. YOU UNDERSTAND THAT THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

SPRINGBOARD MAY MODIFY THIS AGREEMENT FROM TIME TO TIME. YOU ARE FREE TO CHOOSE TO ACCEPT A MODIFIED VERSION OF THIS AGREEMENT OR NOT, BUT ACCEPTING THIS AGREEMENT, AS MODIFIED, IS REQUIRED FOR YOU TO CONTINUE USING THE SPRINGBOARD VR BOOKING FEATURE. YOU MAY HAVE TO “ACCEPT” OR “AGREE” TO SHOW YOUR ACCEPTANCE OF ANY MODIFIED VERSION OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFIED VERSION OF THIS AGREEMENT, YOU MUST TERMINATE YOUR USE OF THE SPRINGBOARD VR BOOKING FEATURE, IN WHICH CASE YOU WILL NO LONGER HAVE ACCESS TO SPRINGBOARD VR BOOKING OR YOUR ACCOUNT.

Springboard licenses virtual reality ("VR") arcade management software to its Springboard Arcade Customers and provides access to Springboard VR Booking for use therewith. You may use the Springboard VR Booking to schedule reservations with a Springboard Arcade Customer pursuant to terms and conditions of this Agreement and subject to the Springboard Privacy Policy. YOU UNDERSTAND AND AGREE THAT ANY RESERVATION YOU MAKE USING THE BOOKING FEATURE IS A CONTRACT BETWEEN YOU AND THE SPRINGBOARD ARCADE CUSTOMER AND THAT SPRINGBAORD IS NOT RESPONSIBLE FOR DELIVERING ANY ARCADE EXPERIENCE TO YOU.

1. Definitions .

1.1. “Account” means any account created by you with Springboard which allows you to use Booking feature.

1.2. "Arcade Customer Interface" or "ACI" means the downloadable software component that is licensed from Springboard and made available by Springboard to its Springboard Arcade Customers.

1.3 “Springboard Arcade Customer” means any third-party arcade which subscribes to and pursuant to a license uses Springboard’s VR arcade management software and/or Booking.

1.4. “Arcade User” means those individuals that are customers of an Springboard Arcade Customer to whom the Springboard Arcade Customer makes available the rendering of the ACI to provide such individuals with one or more virtual reality experiences or games for a limited duration.

1.5. "Data" means any and all data, content, and information, in any form or medium, that is collected, downloaded, uploaded or otherwise received by Springboard, directly or indirectly, from a Springboard Arcade Customer or an Arcade User by or through the Springboard VR arcade management software and/or Booking, including any data, content, and information derived or processed based on use of and access to the Springboard VR arcade management software and/or Booking.

1.6. “Booking” means the Springboard VR Booking feature or application, through which you may create a reservation at a specified Springboard Arcade Customer.

1.7. “Booking Content” means any content presented by or in conjunction with Booking.

2. Reservations . Springboard makes its Booking available to you as a convenience for the purpose of assisting you in scheduling a reservation with a Springboard Arcade Customer. You agree to use Booking only to book reservations at Springboard Arcade Customers for your personal use. Resale or attempted resale of reservations is prohibited. Once a reservation is made by you, Springboard will send you confirmation by email or other electronic message format that you have agreed to. By using Booking feature, you agree to receive reservation confirmations, updates, modifications and/or cancellations by email or other electronic messages. YOU UNDERSTAND AND AGREE THAT THE TERMS OF ANY RESERVATION ARE AN AGREEMENT BETWEEN YOU AND THE SPRINGBOARD ARCADE CUSTOMER AND NOT ANY AGREEMENT FOR SPRINGBOARD TO PROVIDE ANY OTHER SERVICE TO YOU.

3. Cancelation or Modification . For convenience, you may be able to cancel or modify a reservation, subject to the Springboard Arcade Customer’s policy, which will be disclosed at the time the reservation is made. You may cancel your reservation via Booking feature or by calling the Springboard Arcade Customer directly. Upon arriving at the Springboard Arcade Customer, you must notify them that you have a reservation. If you do not timely show up for a reservation, you may be subject to a penalty and/or forfeiture of deposit in accordance with the Springboard Arcade Customer policy, which will be disclosed at the time the reservation is made. Any dispute regarding a reservation, penalty and/or forfeiture of deposit shall be resolved between you and the Springboard Arcade Customer.

4. Deposit and Payment . Some Springboard Arcade Customers may require you to provide a valid debit or credit card number or other form of payment to make your reservation. In order to use Booking feature to make reservations at these Springboard Arcade Customers, you must provide valid debit or credit card information or other acceptable form of payment. To confirm that the debit or credit card information you have provided is accurate, we may place a temporary authorization on your debit or credit card at the time you provide your debit or credit card information. After we verify that your debit or credit card information is accurate, usually within a few days, the authorization will be removed. Springboard uses this debit or credit card information as described in our privacy policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your reservation in accordance with an Springboard Arcade Customer’s cancellation policy.

5. Privacy . Springboard respects your privacy rights. This Agreement incorporates herein by reference in its entirety the Springboard Privacy Policy which can be found here {link} and which details how we collect, receive, use, share and disclose information in connection with Booking and our VR arcade management software. We collect and use information we receive from you and from Springboard Arcade Customers in connection with the Springboard Privacy Policy.

6. Your Account . You may be required to create an account to use Booking feature or other services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Springboard registration form (“Registration Data”). You may only create one Account and may use the Account solely for personal use and not for any commercial purpose. You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Springboard of any unauthorized use of your Account.

7. Communications With and From Springboard . If you use our services, Springboard may communicate with you via electronic messages, including email, text message/SMS, or mobile push notifications in accordance with our Privacy Policy. Use of Booking requires Internet access through your computer or mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of Booking.

8. Proprietary Rights and Other Licenses . All software, features, information, content and other materials provided and depicted through Booking are protected by intellectual property laws and all such intellectual property is owned by Springboard or its licensors. Other than the limited right to use Booking as expressly granted herein, no other rights or licenses are granted to you. Springboard reserves all rights, title, and interest in and to Booking, including all related intellectual property rights and proprietary rights therein.

9. Use Restrictions . The Booking feature and Booking Content are offered solely for your personal use and for the purposes described in this Agreement. Any and all other uses are prohibited. Springboard reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to Booking. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Booking feature; (2) take any action that imposes or may impose (in Springboard’s sole determination) an unreasonable or a disproportionately large load on the Booking feature or Springboard’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of Booking; (4) rent, lease, copy, provide access to or sublicense any portion of Booking or Booking Content to a third party; (5) use any portion of Booking or Booking Content to provide, or incorporate any portion of Booking or Booking Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or any non-public APIs to Booking, except to the extent expressly permitted by applicable law (and then only upon advance notice to Springboard); (7) modify any Booking or Booking Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in Booking or Booking Content; (9) use Booking or Booking Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of Booking or Booking Content or access or use Booking or Booking Content for competitive analysis or benchmarking purposes. Although the Springboard Arcade Customer sites may be located worldwide, not all features or services discussed, referenced, provided or offered through or on our Booking feature may be available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Springboard reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.

10. Disclaimers and Limitation of Liability .

10.1. DISCLAIMERS. SPRINGBOARD’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SPRINGBOARD IS NOT RESPONSIBLE FOR ANY LIMITATIONS, DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT FOR ANY WARRANTIES BY SPRINGBOARD EXPRESSLY PROVIDED IN THIS AGREEMENT, THE BOOKING FEATURE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR STATEMENTS OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPRINGBOARD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY SPRINGBOARD OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS WARRANTIES MADE BY SPRINGBOARD IN THIS AGREEMENT. SPRINGBOARD IS NOT RESPONSIBLE FOR PROVIDING ANY SERVICES TO YOU IN CONNECTION WITH THE RESERVATIONS. ALL SERVICES ASSOCIATED WITH THE RESERVATIONS ARE THE RESPONSIBILITY OF THE SPRINGBOARD ARCADE CUSTOMER WITH WHOM YOU MAKE THE RESERVATION. SPRINGBOARD IS NOT RESPONSIBLE FOR ANY INJURY OR OTHER DAMAGE YOU MAY INCUR AT ANY SPRINGBOARD ARCADE CUSTOMER LOCATION.

11. Indemnification . You shall indemnify, defend, and hold harmless Springboard and its officers, directors, employees, agents, successors, and assigns (each, a “Springboard Indemnitee”) from and against any and all claims, obligations, losses, damages, liabilities, fines, costs, and expenses (including attorney’s fees) arising out of, related to, or incurred as a result of, or in connection with your breach of this Agreement.

12. Term and Termination .

12.1. Term. The term of this Agreement commences as of the date you accept this Agreement as set forth above, and, until terminated.

12.2. Termination. Either party may terminate this Agreement at any time for any reason.

12.3. Effect of Expiration or Termination. Upon any termination of this Agreement, you shall immediately cease all use of Booking and your Account shall be terminated.

13. Successors and Assigns . You may not assign or transfer any rights in this Agreement or your Account. Springboard may freely assign and delegate its rights and obligations under this Agreement without notice. This Agreement is binding upon the parties hereto and their respective representatives, successors, and permitted assigns.

14. Third-Party Websites, Applications and Services . The Booking feature may contain hypertext links to websites and applications operated by parties other than Springboard. Such hypertext links are provided for User’s reference only, and Springboard does not control such websites and is not responsible for their content. Springboard’s inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. Springboard assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access Booking using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of Booking in any manner. Your access to Booking using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service, including any license transferability and other usage rules therein.

15. Release . Springboard Arcade Customers are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your interaction with or visit to any Springboard Arcade Customer or from any service of any Springboard Arcade Customer. You must resolve all disputes directly with Springboard Arcade Customer. To the maximum extent permitted by applicable law, you hereby release Springboard from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against Springboard pertaining to the subject matter of this Section.

16. Force Majeure . In no event will Springboard be liable or responsible to you, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by any circumstances beyond Springboard's reasonable control (a "Force Majeure Event"), including service interruptions by third-party providers, denial of service attacks, acts of God, war, riot, fires, floods, epidemics, or failure of public utilities or public transportation systems, or national or regional shortage of adequate power or telecommunications systems. Either party may terminate this Agreement if a Force Majeure Event continues substantially uninterrupted for a period of 30 days or more.

17. Interpretation . For purposes of this Agreement: (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to this Agreement as a whole. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

18. Severability . To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall not be affected and will continue in full force and effect.

19. Attorney’s Fees . Subject to Section 9.2, in the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its actual attorneys' fees and court costs from the non-prevailing party.

20. Relationship of the Parties . The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

21. Entire Agreement and Order of Precedence . This Agreement, together with any documents incorporated herein by reference, constitutes the full understanding of your agreement with Springboard and replaces all prior agreements, discussions, or understandings, express or implied, concerning the subject matter.

22. Waiver . No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise or delay in exercising any rights, remedies, powers, or privileges arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

23. Survival . The terms and conditions of Sections 5 and 7-26 shall survive the expiration or termination of this Agreement.

24. Arbitrary Agreement and Jury Trial Waiver, Class Action Waiver, and Forum Selection Clause . If you are a resident of the United States (including its possessions and territories), you agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Springboard or its successors or assigns shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures ”).

In the case of arbitration and where permitted by law, you are thus agreeing to give up your right to go to court to assert or defend your rights your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.

In the case of arbitration and where permitted by law, you and Springboard must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR SPRINGBOARD MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Springboard will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) Springboard also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Oklahoma in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Oklahoma for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Oklahoma.

For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

25. Choice of Law . This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Oklahoma, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction. To the extent any claim or issue may not be arbitrable, any legal suit, action or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted in the federal courts of the United States or the courts of the State of Oklahoma in each case located in the city of Oklahoma City and County of Oklahoma, and each party irrevocably submits to the jurisdiction of such courts in any such suit, action or proceeding.

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