Whirlwind FX

Privacy Policy

 

This privacy policy sets out how Whirlwind Virtual Realities, Inc. (“Company” or “We”) uses and protects any information that we may collect from you or that you may provide when you use the website www.whirlwindvr.com (our “Site”). By accessing this Site and our mobile app(s), you agree that you have read and understood the Company’s privacy statement, which describes how we use your personal information, and what options you have to update or request the deletion or correction of information submitted to us via the Site. If you do not agree with the terms and conditions of this Statement, please do not use the Site or mobile apps.

 

INFORMATION COLLECTED

 

Personal Information Submitted By You. We collect Personal Information you provide to us for purposes of (a) signing up for our email service (b) submitting comments to us regarding vendors, products for this Site (c) posting listings on our site (d) self-publishing and confirmation emails, (e) authenticating user accounts (f) providing subscription email services (g) registering, etc. All postings are stored in our database and may be archived elsewhere. The practices described in this Statement may also apply to Information you provide to us in writing or by telephone, such as when you contact our customer service staff. Personal Information may include items such as your name, address, telephone number, zip code and age. Unless you provide it to us voluntarily, we do not collect Personal Information about you in connection with your use of this Site or through our mobile apps.

 

COOKIES

 

Cookies are small data files that are stored on an Internet user's computer by a web server and may be used by some of the advertisers in the ads contained in our Site.

 

INFORMATION PERTAINING TO MINORS

 

We do not wish to collect Personal Information from minors (children under 18 years of age, or any other age defined under applicable law). If we become aware that a minor is attempting to or has submitted Personal Information via this Site, we will notify the user that we may not accept his or her Personal Information. We will then delete any such Personal Information from our records.

 

TRANSACTIONAL INFORMATION

 

Certain information may be collected automatically as part of your use of this site or our mobile apps, as well as from your transactions with us and our affiliates or non-affiliated third parties. This Non-personal Information is used to improve the overall Site operations, functionality and appearance. Non-personal Information may include your web browser type, domain name, date/ time and IP address, upon which you visited the Site.

 

USAGE

 

Personal Information is used by the Company for the purpose for which it was submitted. For example, if you submit your email address and other information required to subscribe to our newsletter, we will use that Personal Information to send you our newsletter. We use your IP address to help diagnose problems with our server, and to administer the Site.

 

THIRD PARTIES & LINKS

 

Linking: This Statement applies only to whirlwindvr.com. This Site or our mobile apps may include links to other third party web sites including access to content, products and services of such affiliated and non-affiliated entities. Whenever you choose to access third party content via this site or mobile app, you maybe taken to the third-parties website. We urge you to familiarize yourself with the individual privacy and other terms for each linked site prior to submitting your Personal Information.

 

DISCLOSURE OF INFORMATION TO THIRD PARTIES

 

Demographic and aggregate Information may be shared by us with third party advertisers and retail partners.We make every reasonable effort to preserve user privacy. However we reserve the right to disclose Personal Information when required or permitted by law and we have a good-faith belief that such action is necessary to comply with an appropriate law enforcement investigation, current judicial proceeding, a court order or legal process served on us.

 

SECURITY

 

This Site has security measures in place to protect the loss, misuse and alteration of the Information under our control. All employees are aware of our policies. Safeguards are in place to keep sensitive data secure via the use of passwords.

 

SALE OR TRANFER OF INFORMATION

 

In the event of a sale, merger, liquidation, dissolution, or transfer of part of the business, trade or assets of the Company, all Information collected about you via this Site may be sold, assigned, or transferred to the party acquiring all or substantially all of the equity or assets or business of the Company. Subject to your election to opt out as described below, by using this Site, you consent to the sale and transfer of your information as described in this paragraph.

 

OTHER TERMS

 

Your use of our Site or our mobile apps is subject to and contingent upon your agreement with our Terms of Use, which are hereby incorporated by reference.

 

NOTIFICATION OF CHANGES

 

We reserve the right to modify or change any privacy policies at anytime without any notice to you. Any modifications will be effective immediately as of the date the modified Privacy Policy is posted on our website or through our mobile apps.

 

OPT-OUT FROM NEWSLETTERS

 

Our Site provides users the opportunity to opt-out of receiving communications from us and our partners when you subscribe to our newsletter. You can always opt-out from receiving emails from us.

 

CONSENT

 

By using this Site, you consent to the use, storage and disclosure of your Information by us in the manner described in this Statement. We reserve the right to make changes to this Statement from time to time and will alert you to such changes via the Notification procedure described in the preceding paragraph.

 

QUESTIONS REGARDING STATEMENT

 

If you have questions or concerns regarding this Statement, you should first contact the Webmaster by email at info@whirlwindvr.com

Terms of Use

 

Whirlwind Virtual Realities, Inc. (“Company” or “We” or “Us”) welcomes users / viewers (“You”) to the whirlwindvr.com (our “Site”) and our mobile apps. If you continue to browse and use this Site, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the Company’s relationship with you in relation to this Site and mobile apps. Please read them carefully and contact us with any questions. If you disagree with any part of these terms and conditions, please do not use our Site or mobile apps. By accessing our Site, tools, applications, and services you are entering into a binding contract containing the following terms:

ELECTRONIC COMMUNICATIONS

 

When you visit us online or via mobile apps or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through your mobile device. You agree that all agreements, notices, disclosures, invoices, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.

 

YOUR MEMBERSHIP ACCOUNT
FEES

 

We will from time to time post on our Site various payment options for various degrees of use of our service. When you elect an option on our Site, the payment and usage terms elected will be incorporated into this contract along with the provisions provided herein.

 

POST INFORMATION
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
ABUSE OF SERVICE

 

We may limit or terminate our service, remove any content and take technical and legal steps to keep users off the Site if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove posts, comments, profiles or keep a user off the Site or not, we do not accept any liability for monitoring the Site or for unauthorized or unlawful content on the Site or use of the Site by users.

 

MODIFICATIONS TO THIS AGREEMENT

 

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the terms of use at http://whirlwindvr.com/legal.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THIS SITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

PRIVACY

 

Our use of information provided by you is subject to the Privacy Policy posted at https://www.whirlwindvr.com/legal.

 

GOVERNING LAW

 

The contract formed under these Terms of Use shall be governed and interpreted in accordance with the laws of the State of California, excluding its choice of law principles.

 

DISPUTES

 

All disputes arising under the contract formed under these Terms of Use will be finally resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association including its Supplemental Procedures for the Resolution of Consumer-Related Disputes.

 

Terms of Sale

 

THESE TERMS OF SALE (“AGREEMENT”) SET FORTH THE TERMS UPON WHICH WHIRLWIND VIRTUAL REALITIES, INC. (“WE” OR, “US” OR, THE “COMPANY”) SELLS, AND YOU (MEANING BOTH THE INDIVIDUAL PLACING THE ORDER AND THE ENTITY ON WHOSE BEHALF SUCH INDIVIDUAL IS ACTING, IF ANY) ORDER AND PURCHASE, THE WhirlwindVR Product (THE “PRODUCT”) OFFERED BY THE COMPANY THROUGH www.whirlwindvr.com (THE “SITE”). BY PLACING AN ORDER OR PURCHASING THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW ALONG WITH THE COMPANY’S PRIVACY POLICY AND TERMS OF USE. DO NOT ORDER THE PRODUCT IF YOU DO NOT ACCEPT THIS AGREEMENT. THE COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME, SO PLEASE REVIEW THEM EACH TIME YOU MAKE A PURCHASE FROM THE SITE.

  1. Orders.You may be asked to supply information in connection with your order, including your credit card or other payment method details, your shipping information and email address. By placing an order, you represent and warrant that you are 18 years of age or older, that the information you have provided is true and correct, and that you have the right to use the payment means selected by you. Verification of information may be required prior to the confirmation of an order. The Company reserves the right to accept or decline your order for any reason at any time, regardless of whether the order was confirmed through the Site. In the instance where an order is cancelled after you have already been charged, we will refund the amount of that order to your credit card.
  2. Pricing and Payment.You agree to pay the price for the Products listed on the Site by credit card or other payment method specified by the website. All prices are in US dollars unless otherwise expressly stated in writing. Prices are exclusive of shipping, taxes and duties. Any taxes and shipping fees assessed will be indicated during the checkout process. In the instance where your credit card is rejected, you will be responsible for any fees and charges associated with such rejection and we will not be liable for any delay or non-delivery.
  3. Shipping and Delivery.The Products ordered will be sent to the shipping address provided by you, subject to any shipping restrictions. In the instance where your shipping address changes, you are required to contact the Company and notify us of the change. The stated delivery period within which you will receive your order is approximate and we shall not be liable in any way for any delay or damage arising from the Company’s failure to meet any delivery dates.
  4. Transfer of Risk and Title. Risk in the Product passes to you on the Company’s delivery of the Product to the carrier, and you are responsible for any loss or damage to Products from that point. Title to the Product passes to you upon the Company’s receipt of payment for the Product.
  5. Personal Use Only; Restrictions.You shall use the Product only for personal purposes and not for resale. You shall not reverse engineer any Product or use the Product to create a competitive product.
  6. Returns; Faulty Product.If you believe any Product shipped to you is faulty, please contact the Company to request a return. The Company may, in its discretion, accept returns for Products that are defective or damaged provided that notice of such damage is given to the Company within 30 days of your receipt of such Products. The Company will accept no returns thereafter. You will comply with the Company’s return procedures when returning products. The Company is under no obligation to accept any returns of Products where the defect or fault was caused by you or the defect or fault occurred after shipment by the Company. We will ship a replacement Product to you only after receipt of the faulty Product by the Company.
  7. Intellectual Property.The Company and its licensors own all intellectual property rights in the Products. You shall acquire no interest or rights in the Company’s intellectual property by virtue of this Agreement.
  8. Warranty.The Company warrants the Products will be free from material defects in material and workmanship for a period of 1 year from the date of delivery (“Warranty Period”) to you. Except where prohibited by applicable law, this warranty is non-transferable and limited to the original purchaser. Software distributed by the Company is not covered under this limited warranty. The Company does not warrant that the Product will operate error-free and without interruption. The Company is also not responsible for any damage resulting from a failure to follow instructions or guidelines related to the use of the Product. As part of the warranty return process, you are required to contact the Company and obtain a written Return Materials Authorization (RMA). If you obtain the applicable RMA and the Product is determined to be materially defective during the Warranty Period, the Company will, at its option, repair or replace the Products or refund the price paid. Shipping and handling charges may apply except where prohibited by applicable law. Any replacement product will be warranted for the remainder of the original warranty period or 30 days, whichever is longer, or for any additional time period as applicable in your jurisdiction. The above warranty does not cover defects or damage resulting from: (a) any modification, accident, disassembly, maintenance or unauthorized repair of the Products, (b) normal wear and tear, (c) external causes such as, but not limited to, power failure or electrical power surges, (d) use of cables or other equipment not supplied by the Company, or (e) your breach of these Terms. The warranty set forth in this section 8 is the exclusive warranty made by the Company to you. The Company disclaims all other representations, warranties and conditions, whether express or implied, including but not limited to any express or implied representations, warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, or any other warranty or condition arising by statute, custom or usage of trade related to the products provided hereunder. Some jurisdictions may not allow the exclusion or limitation of implied warranties and conditions. To the extent permitted by law, any implied warranties or conditions relating to the products and services to the extent that they cannot be excluded as set out above are limited to one 1 year from the date that the Products are delivered to you.
  9. Limitation of Liability.The Product is not intended for control, whether direct or indirect, of or use with industrial, commercial, military or medical equipment, and is not intended for any use where failure or fault of the product could directly or indirectly cause risk or damage to life or property, or in any mission-critical application. Any such use is entirely at your discretion and risk, and shall void the warranty contained in these Terms. You will be solely responsible for (and the Company disclaims) any and all loss, liability, or damages resulting from such use. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY COLLATERAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE PRODUCTS, EVEN IF THE COMPANY SHALL HAVE BEEN ADVISED OF SUCH POTENTIAL DAMAGES. TO THE EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH ANY PRODUCT EXCEED THE PURCHASE PRICE OF THE PRODUCT PAID BY YOU. THESE LIMITATIONS WILL APPLY WHETHER THE LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, UNDER STATUTE OR OTHERWISE. Any legal proceedings against the Company relating to this Agreement shall be filed within 1 year after shipment of the applicable Product to you. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.
  10. Indemnity.You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless the Company and its officers, directors, employees and agents (“Indemnitees”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from your use of the Products not expressly in accordance with this Agreement or from any claim or suit made against the Indemnitees as a result of such conflicting use.
  11. Force Majeure.The Company shall not be liable for any breach of this Agreement to the extent arising from any factor outside the Company’s reasonable control.
  12. Entire Agreement.This Agreement represents the entire agreement governing the Company’s product supply relationship with you. This Agreement incorporates the Company’s Privacy Policy, which is available here. Any prior discussions and agreements between you and the Company and any general purchase conditions or other document issued by you relating to the purchase of the Company’s products will not apply, unless the Company expressly agrees otherwise in writing signed by an authorized representative of the Company. You may not assign or transfer this Agreement to any third party.
  13. Governing Law.The contract formed under these Terms of Sale shall be governed and interpreted in accordance with the laws of the State of California, excluding its choice of law principles.
  14. Disputes.All disputes arising under the contract formed under these Terms of Sale will be finally resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association including its Supplemental Procedures for the Resolution of Consumer Related Disputes.
  15. Miscellaneous.If any provision of this Agreement is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties. This Agreement shall not be modified, nor compliance with any provision waived, except in writing signed by both parties. The Company’s failure to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth herein, at law or in equity, or a waiver by the Company of any other provisions of prior, concurrent or subsequent default by the Company in the performance of or compliance with any of the terms and conditions set forth herein.

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