Terms and Conditions for Explore POV App

Last Updated: [01/07/2024]

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Explore POV mobile application (the "App") operated by James Hustler ("I", "me", or "my").

Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the App.

By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the App.

Use of the App

  1. The App is intended for personal, non-commercial use only.

  2. You must be at least 13 years old to use this App.

  3. You are responsible for maintaining the confidentiality of your account and password, if applicable.

  4. You agree not to use the App for any unlawful purpose or in any way that could damage, disable, overburden, or impair the App.

Subscriptions and Payments

  1. Some features of the App may require a subscription.

  2. All payments are processed through Apple's payment system. I do not collect or store your payment information.

  3. Subscription fees and terms are clearly displayed before you complete a purchase.

  4. You can manage and cancel your subscription through your Apple ID account settings.

Intellectual Property

  1. The App, including but not limited to its software, design, text, graphics, and all content within the App, particularly all immersive video experiences, is my sole and exclusive property.

  2. All rights, title, and interest in and to the App and its content are and will remain my exclusive property and that of my licensors.

  3. The App and its content are protected by copyright, trademark, and other laws of both New Zealand and foreign countries.

  4. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the App for its intended purpose, subject to these Terms.

  5. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in the App, especially the immersive video experiences.

  6. No right, title, or interest in or to the App or any content in the App is transferred to you, and all rights not expressly granted are reserved by me.

Prohibited Uses

  1. You may not use the App or its content for any commercial purpose.

  2. You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content from the App for any other purposes without my prior written consent.

  3. You may not attempt to decompile, reverse engineer, disassemble, or hack the App or to defeat or overcome any encryption technology or security measures implemented in the App.

Limitation of Liability

  1. In no event shall I be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the App.

Termination

  1. I may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

  2. Upon termination, your right to use the App will immediately cease.

Disclaimer of Warranties

The App is provided "as is" and "as available" without any warranties of any kind, either express or implied. I do not warrant that the App will be uninterrupted or error-free.

Indemnification

You agree to indemnify, defend, and hold me harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the App, any violation of these Terms, or any breach of the representations, warranties, and covenants made herein.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and me regarding your use of the App and supersede all prior and contemporaneous written or oral agreements between you and me.

Content Updates

I reserve the right to add, modify, or remove content from the App at any time without prior notice.

User Responsibilities

You are responsible for ensuring that your use of the App complies with all applicable laws and regulations. You agree not to interfere with or disrupt the App or servers or networks connected to the App.

Technical Requirements

For optimal performance, the App requires an Apple Vision Pro device. While the App may function on other configurations, I do not guarantee full functionality or performance on non-recommended setups.

Changes

  1. I reserve the right, at my sole discretion, to modify or replace these Terms at any time.

Governing Law

  1. These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Contact Me

If you have any questions about these Terms, please contact me at [email protected].