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Swing Genius Terms of Use

PLEASE READ THIS TERMS OF USE AND END-USER LICENSE AGREEMENT ("TERMS OF USE") CAREFULLY BEFORE USING OR ACCESSING ANY FEATURES OF THE SWING GENIUS VIRTUAL REALITY ("VR") APPLICATION. BY INSTALLING OR USING THE SWING GENIUS VR APPLICATION, PROGRAM, APPLICATION TUTORIALS, AND OTHER APPLICATON DOCUMENTATION (COLLECTIVELY THE "APPLICATION"), YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MUST DELETE THE APPLICATION FROM YOUR HEADSET DEVICE, COMPUTER, AND OTHER ELECTRONIC HARDWARE.

This Application is offered under a limited license from Swing Genius, Inc. (referred to herein as "Swing Genius," "we," or "us"). Questions concerning the Application or its operation should be directed to the contact set forth at the end of these Terms of Use. Use of the Application is offered to you conditioned on your acceptance without modification of all terms, conditions, and notices contained or referenced herein. Use of this Application is restricted to persons over 12 years of age. Your use of the Application and services constitutes your agreement to all Terms of Use; if you do not agree to these terms, do not download or use the Application. You agree to familiarize yourself with the Terms of Use and to abide by them if and when you use the Application.

Swing Genius is free to revise these Terms of Use at any time by posting the updated version to www.swinggenius.com, and your use after such change signifies your acceptance of the changed terms. Such changes shall become effective immediately upon the posting thereof. It is your responsibility to check the Terms of Use posted to www.swinggenius.com ("Website") periodically for changes.

In addition to the Terms of Use provided herein, by downloading or using the Application you are indicating your acknowledgement and acceptance of additional terms and conditions published by Meta, the owner of the Horizon Store and the manufacturer of the headset device on which you download, access, or use the Application ("Headset"). Meta's terms and conditions for the use of the Quest Store and the Headset are not governed by these Terms of Use.

Proprietary Documentation

You acknowledge and agree that any documentation supplied with the Application or available on the Website ("Documentation") is protected by copyright, trademark, and other proprietary rights and laws. You may download or save to your disk or hard drive one copy of the Documentation for your personal use only, and any copies you make of the Documentation must include the notice of copyright, trademark, or other proprietary notice located on the Website from which you downloaded or copied the Documentation. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from the Documentation. You agree not to systematically retrieve data or other content from the Application for the purpose of creating a collection, compilation, database, or directory without Swing Genius's written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this Application does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these Terms of Use.

Intellectual Property

You agree that your use of the Application is a license and not a sale of the Application. You agree that the Application and its contents including, but not limited to, the Application's user interface, design and executable, object code, Spatial Computing Technology, recordings, graphics, video clips, text, editorial content, notices, and all other material generated, stored, or maintained in the Application, contain proprietary information and are protected by applicable United States and foreign intellectual property and other laws, including but not limited to trade secrets, copyrights, trademarks, and patents (collectively, the "Intellectual Property") and that the Intellectual Property is the property of Swing Genius. You agree that you will not reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of our Intellectual Property. You agree that you will not use our Intellectual Property in any way that contradicts these express Terms of Use.

Trademarks, service marks, and logos displayed by this Application are the property of Swing Genius or the party that provided the trademarks, service marks, and logos to Swing Genius. Swing Genius and any party that provided trademarks, service marks, and logos to Swing Genius retain all rights with respect to any of their respective trademarks, service marks, and logos displayed by this Application. A reference to a third party's product, service, or publication by the Application, the Website, or in these Terms of Use (including any description or reference via hyperlink) does not imply endorsement by Swing Genius of that product, service or publication.

Nothing herein shall reduce or modify Swing Genius's ownership of the Application. Swing Genius retains and reserves all rights not expressly granted to you herein.

License

Subject to your acceptance and ongoing compliance with these Terms of Use, Swing Genius grants you ("Licensee") a personal, non-exclusive, non-transferrable and limited license to install and use the Application on an authorized Headset located in the United States and its territories, provided that all uses must be for personal purposes only ("Limited License") and is subject to the Meta Games Terms of Service (located at https://www.meta.com/legal/quest/games-terms-of-service/). This Limited License does not give you or any third party the right to sub-license the Application for use by others nor the right to use the Application to generate income in a business or professional capacity; notwithstanding the foregoing, you may contact Swing Genius to discuss using the Application as a tool in your business or professional capacity.

THE APPLICATION IS NOT INTENDED FOR USE IN THE UNITED KINGDOM ("UK") OR A COUNTRY THAT IS A MEMBER OF THE EUROPEAN UNION ("EU"). YOU ARE NOT LICENSED TO USE AND AGREE NOT TO USE THE APPLICATION WHILE RESIDING IN OR VISITING THE UK OR AN EU MEMBER COUNTRY.

Your Data

Through your use of the Application, we will automatically collect certain personal information that may identify you and other information that does not identify you as described in the Privacy Policy for the Application displayed at www.swingenius.com ("Privacy Policy"), and you may, in addition and as described in the Privacy Policy, submit other information or data to us in connection with your use of the Application (collectively "User Data"). You assume sole responsibility for any User Data you share, and you alone are liable for the consequences when you share your User Data. All User Data is subject to the Privacy Policy.

To enable us to provide you with the Application, you hereby grant us: (a) a non-exclusive, worldwide, royalty-free, transferable, sublicensable, right and license to collect, process, and use your User Data as set forth in the Privacy Policy and these Terms of Use; and (b) an irrevocable, perpetual, worldwide, nonexclusive, royalty-free, transferable and sublicensable right and license to use for any lawful purpose your User Data in anonymized form.

If the Application is discontinued or canceled, we may permanently delete your User Data in accordance with the terms of the Privacy Policy.

Submissions

You hereby grant to Swing Genius the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all User Data, such as Projects, Spatial Blueprints, Motion Replays, Smart Objects, Expert Objects and other User content, feedback, remarks, suggestions, ideas, graphics, reviews or comments, or other information communicated to Swing Genius regarding the use of the Application (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Swing Genius will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Swing Genius operations. You agree that Swing Genius accepts no responsibility for your Submissions and can delete or refuse to use any Submission for any reason.

No Unlawful or Prohibited Use

You agree not to use the Application for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application, or interfere with any other party's use of the Application. You may not seek by any means to obtain any materials or information through the Application not intentionally made available to you through the Application.

To the extent Swing Genius, the Website, or Application provides a community forum, you agree to post messages only if they are relevant to the intended subject matter of the forum. You also agree that you will not:

  • Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.

  • Violate the copyright, trademark, or other intellectual property rights of any other person or entity.

  • Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another's computer.

  • Improperly assume or claim the identity, characteristics, or qualifications of another person.

  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.

  • Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.

  • Attempt to gain access to any portion of the Website, Application, any computer, server, account, network, software, or hardware associated with the Application, from which you are restricted.

  • Violate any applicable laws or regulations.

  • Disrupt the normal flow of dialogue, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Application.

  • Post Submissions or any other content using any manual or automatic posting tools other than those provided by Swing Genius without express written consent from Swing Genius.

  • Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.

Swing Genius is not obligated to monitor the communications posted to any community forum or other method of posting Submissions. However, Swing Genius may, at our sole discretion edit, decline to post, or remove any content thereof.

You agree that you will create only one account for use of this Application.

Legal Age of Majority

You certify that you are of the legal age of majority in the jurisdiction in which you reside ("Legal Age of Majority") and accept and agree to be bound by these Terms of Use or, if you are under the Legal Age of Majority, that you have reviewed the these Terms of Use with your parent or guardian who agrees to be bound by these Terms of Use so that you both understand all of your rights and obligations. The next section describes your obligations with respect to the use of and access to the Application by a child who has not reached the Legal Age of Majority.

Your Obligations with Respect to a Minor Child's Use of and Access to the Application

If you are a parent or guardian of a child who has not reached the legal age of majority in the jurisdiction in which you reside ("Minor") and you create a parent managed account on the Minor's behalf, these Terms of Use apply to their use of the Application. To learn more about how we collect, use, and disclose personal information, please review the Application's Privacy Policy at www.swinggenius.com. You are responsible for determining that your Minor is ready to use the Application. If your Minor is not at least 13 years of age or is not ready to use the Application as determined by you, you must not permit them to access the Application. You are responsible for the activities of your Minor when they use the Application, and for their compliance with these Terms of Use. You are responsible for supervising the Minor's access to and use of the Application. You are responsible for ensuring your Minor understands these Terms of Use, the Application's Privacy Policy, as well as other terms and policies that may apply, and for ensuring the Minor understands how to behave and interact with others when using the Application so as not to create a risk of injury or harm to themselves or others.

Authentication

When the Application opens, users are presented the option to remain anonymous or to create a permanent account. The Application utilizes the Google Firebase Anonymous Sign In capability, which allows anonymous users to utilize the Application's cloud features and save their progress without the need to provide an email or create a password. Anonymous accounts, however, can be lost if the user loses their Headset or uninstalls the Application. Anonymous accounts can be converted to a permanent account to provide greater protection against the loss of User Data. When creating a permanent account, users also can check an optional box to receive Electronic Communications from Swing Genius related to the Application. A permanent account requires the user to supply an email address and to create a password. Passwords are encrypted by Advanced Encryption Standard (AES) 256-bit encryption technology. Swing Genius does not have access to user passwords. You are responsible for the security and confidentiality of your password.

No Representations or Warranties

SWING GENIUS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS APPLICATION IS FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND NEITHER PARTY SHALL BE RESPONSIBLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM THE USE OF THE APPLICATION OR ANY HACKING OR INFILTRATION OF THE APPLICATION, THE WEBSITE, OR SWING GENIUS'S COMPUTER SYSTEMS. YOU HAVE THE SOLE RESPONSIBILITY FOR ANY DAMAGE TO HEADSET OR TO ANY PROPERTY WHEN USING THE APPLICATION AND YOU AGREE TO HOLD SWING GENIUS HARMLESS FROM, AND YOU COVENANT NOT TO SUE SWING GENIUS FOR, ANY CLAIMS BASED ON THE USE OF THIS APPLICATION, INCLUDING CLAIMS FOR LOST USER DATA. ACCESS TO THIS APPLICATION CURRENTLY IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL APPLICATION DOCUMENTATION AND APPLICATION VIRTUAL REALITY TECHNOLOGY AND FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SWING GENIUS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SWING GENIUS MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, FEATURES, OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE APPLICATION FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Liability

UNDER NO CIRCUMSTANCES SHALL SWING GENIUS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THE APPLICATION, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF THE APPLICATION, DELETION OR CORRUPTION OF USER DATA, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWING GENIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

If you are dissatisfied with any portion of the Application, your sole remedy is to cease using them.

Indemnity

You agree to defend, indemnify, and hold harmless Swing Genius, and each of its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys' fees and costs) arising out of your use of this Application, any Submissions that you post using this Application, your breach of these Terms of Use or your infringement of the intellectual property rights of third parties.

Termination

Swing Genius reserves the right to terminate access to the Application or to any or all User Data associated with an account at any time without notice for any reason whatsoever, and shall not be held liable to you or any third-party for any termination of access to this Application.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. In accordance with the Digital Millennium Copyright Act (DMCA), Swing Genius has designated an agent to receive notice of unauthorized online use of copyrighted materials. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.

E-mail may be sent to: legal@myvet2pet.com

Mail may be sent to:

V2P2, LLC

DMCA Agent

PO Box 776

Bayfield, CO 81122-0776

Please notify us in writing and include all of the following:

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Swing Genius to locate the material.

  • Information reasonably sufficient to permit Swing Genius to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Nothing within this Application shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Swing Genius or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Swing Genius is the owner of all trademarks and service marks of this Application, whether registered or not.

Data Use and Privacy

Please refer to our Privacy Policy for information regarding the collection and use of personal information from use of this Application, as well as the Swing Genius Website Services Terms of Use posted to www.vet2pet.com. You agree to the collection, use, and disclosure of your data in accordance with the Privacy Policy. Despite any representations concerning privacy, Swing Genius reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific features or pages of this Application may include additional or different terms relating to the use of personal information collected from such features or pages.

General

This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein. This agreement is governed by, and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Colorado or, if appropriate, the United States District Court for the District of Colorado for the resolution of all disputes arising out of or relating to the use of this Application and the associated services. Swing Genius may assign this agreement, in whole or in part, at any time. This Agreement constitutes the entire agreement between the user and both Swing Genius with respect to this Application, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between Swing Genius and the user with respect to the Application. As such, these terms of use represent the entire understanding relating to the use of this Application and prevail over any prior or contemporaneous, conflicting or additional communications.

Swing Genius's performance of these Terms of Use is subject to existing laws and legal process. Nothing contained in these Terms of Use is in derogation of their rights to comply with governmental, court, and law enforcement requests relating to your use of the Application, or information collected by Swing Genius or the Practice in connection with such use.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Application is strictly prohibited. Swing Genius reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Swing Genius may have.

Specific features or pages of this Application may include additional or different terms relating to the use of this Application. In the event of a conflict between such terms and these terms of use such specific terms shall control.

All rights not expressly granted herein are reserved exclusively and entirely to Swing Genius.

Contact Information

Questions about these Terms of Use should be directed to:

Swing Genius, Inc.

Legal Dept.

325 W 8th Street, Unit 1110,

Los Angeles, CA, 90014

Email: legal@swinggenius.com

Please use this contact information only for legal, Terms of Use, and Privacy Policy matters. General questions about the Application should not be directed to this address and will not be replied to. For all other inquiries, refer to the Contact Us section of our Website.

This document was last revised on 11/4/2024.

Unless otherwise indicated, all material on this application © 2024 Swing Genius. All rights reserved.

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