1.1 The Lithodomos application (‘Lithodomos App’) is operated by Lithodomos VR Pty Ltd (ACN 613 132 371) (‘We’, ‘Our’ or ‘Us’).
1.3 In this Agreement, ‘You’ and ‘Your’ includes anyone acting on Your behalf or with Your express or implied authority.
2. Registration and Access
2.1 By registering and accepting this Agreement, You agree to the terms and conditions contained herein. If You do not accept this Agreement, You must not access and use the Lithodomos App and will not be able to access or otherwise use the Content provided by the Lithodomos App to users.
2.2 This Agreement commences upon Your acceptance of this Agreement and lasts for a term of 5 years, but will continue in perpetuity as long as you continue to use and access the Lithodomos App ‘Term’).
2.3 We grant You a non-exclusive, revocable and limited licence to access the Lithodomos App for the Term. We will not be liable (nor be required to provide a refund of any fees) to You or anyone else if, for any reason, the Lithodomos App is unavailable at any time or for any period. From time to time, We may suspend or restrict access to all or some parts of the Lithodomos App. You are responsible for making all arrangements necessary for You to access and use the Lithodomos App. You are also responsible for ensuring that all persons who access the Lithodomos App (such as through Your internet connection, mobile phone, computer or any other device) are aware of this Agreement, and that they comply with them.
2.4 In order to access the Lithodomos App, You must to be over 18 years of age, and legally able to enter into contractual relations. If You are under the age of 18 years You must immediately cease and refrain from accessing or using the Lithodomos App unless and until your parents or guardians have agreed to abide by this Agreement. Your continued use of the Lithodomos App constitutes an acknowledgement by You that You are over 18 years of age, or your parents or guardians have agreed to abide by this Agreement.
2.5 When using the Lithodomos App, You must at all times comply with all of Our directions (and the directions of your tour guide), policies and guidelines advised to You from to time.
3. Intellectual Property Rights
3.1 You acknowledge that We, or Our licensors, are the owner of the Lithodomos App (and any Intellectual Property Rights contained therein) or any information, Content or technology that may be provided to, or accessed by, You in connection with your use of the Lithodomos App, all of which is, and will remain, owned by Us or Our licensors (‘Lithodomos IP’).
3.2 Accessing and using the Lithodomos App does not give You (or anyone else) ownership of, or any right, title or interest in, the Lithodomos IP.
3.3 You must only use the Lithodomos App for the viewing and experiencing of the audio visual experiences in the Lithodomos App. You must not access or use the Lithodomos App, or any part of the Lithodomos IP contained therein, for any other purposes, including commercialisation, exploitation, educational, upselling, reselling, re-using or re-packaging. Please contact Us at firstname.lastname@example.org if you would like to enquire about licensing possibilities and opportunities.
3.4 For the purpose of clause 3:
(a) ‘Content’ includes all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the Lithodomos App; and
(b) ‘Intellectual Property Rights’ means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, software, code, layout and content, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.
4. Your Obligations
4.1 You must only use the Lithodomos App in the form provided and You must not copy, edit, crop, amend, duplicate, supplement, create derivative works from, sell, translate, republish, lease, sub-lease, assign, transfer, or otherwise distribute or commercially exploit or otherwise make available to a third party, all or part of the Lithodomos App (or any of the Lithodomos IP contained therein).
4.2 You must not reverse engineer, disassemble, decompile or otherwise reduce to human-perceivable form all or any part of the Lithodomos App in any way or otherwise learn the source code or algorithms underlying the Lithodomos App (or attempt to do any of the foregoing).
4.3 In addition to Your obligation to comply with the safety guidelines. You must not, under any circumstances, use the Lithodomos App while under the influence of alcohol, prescribed medication, illicit drugs, or any other substances or circumstances that may affect or impair Your awareness or Your mental or physical capacity. If You believe You may suffer any injury or illness as a result of, or in connection with, the use of the Lithodomos App, directly or indirectly, You must not use the Lithodomos App.
5.1 To the maximum extent permitted by law, We exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the provision of the Lithodomos App and for the avoidance of doubt, We make no warranty that the Lithodomos App will be error-free, nor free from interruption or failure, nor fit for any particular purpose.
5.2 Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any similar legislation anywhere in the world or under the law of any jurisdiction (‘Relevant Law’), where to do so is unlawful.
5.3 You acknowledge and agree that, to the extent permitted by law, We make no representations, warranties or guarantees in relation to the availability, continuity, reliability, completeness, accuracy, currency or security of the Lithodomos App (or any goods or services provided in connection with the Lithodomos App). We will not be liable to You or anyone else if the Lithodomos App is unavailable for any reason, including directly or indirectly as a result of:
(a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
(b) acts or omissions of third parties (including Our third party service providers);
(c) maintenance (scheduled or unscheduled) carried out by Us or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the Lithodomos App; or
(d) a Force Majeure Event.
5.4 To the maximum extent permitted by law, We do not warrant that the Lithodomos App will be uninterrupted, error free or virus free or free from external intruders. We further do not warrant that Your use of the Lithodomos App is suitable for any particular purpose or use under any specific conditions, and the Lithodomos App is provided on an ‘as is’ and ‘where is’ basis.
6. Limitation of Liability
6.1 To the maximum extent permitted by law, We will not be liable to You or any third party for:
(a) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities;
(b) loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity or expectation loss or loss of production; or
(c) loss of, or damage to, any property or any personal injury or death to You or any third person,
arising out of, relating or connected to, this Agreement and the provision or use of the Lithodomos App (including the use of the Lithodomos App together with a virtual reality head mounted device), regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
6.2 We will not be liable to You or anyone else, in any circumstances, where the Lithodomos App (including when it is used in conjunction with a virtual reality head mounted device) has been abused, misused or otherwise not been used strictly in accordance with:
(a) all relevant laws, manufacturer or supplier requirements;
(b) Our directions, policies and guidelines (including the safety guidelines; and
(c) any operating instructions, manuals and warnings provided, including those embedded, displayed or hyperlinked within, or via, the Lithodomos App.
6.3 All risk in using the Lithodomos App passes to You upon accepting this Agreement or otherwise using the Lithodomos App (whichever is earlier).
6.4 To maximum extent permitted by law, under no circumstances will Our aggregate liability to You or anyone else, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the fees paid by You to Use access and use the Lithodomos App.
6.5 You agree to defend, indemnify and hold Us, Our affiliates, officers, directors, employees, contractors and agents (‘Indemnified’) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:
(a) the use by You or any third party of the Lithodomos App; or
(b) any breach by You of this Agreement.
6.6 The use of the Lithodomos App (alone or in conjunction with any Third Party Products), may involve an element of risk and harm and there is a danger of accidents occurring if reasonable care is not exercised when using the Lithodomos App, including a risk of injury (whether physical, psychological or otherwise), temporary or permanent disability,, death, theft or damage to property. You understand and acknowledge that the Lithodomos App is sensory dependent, presents You with a virtual reality and there are inherent risks in using the Lithodomos App and by accessing and using the Lithodomos App You voluntarily and knowingly assume such risks. Before using the Lithodomos App, You should carefully read the safety guidelines. You should also ensure that any use of the Lithodomos App complies at all times with all relevant laws, by-laws and regulations.
7. Third Party Products
7.1 You acknowledge that You may be required to access and use third party virtual reality or augmented reality devices and virtual reality head mounted devices or headsets, content, software or hardware (‘Third Party Products’) in order to enable You to access and use the Lithodomos App, and that Your use of, and reliance on, such Third Party Products is solely at Your own risk. We have no control over, and make no representations or commitments in relation to, the accuracy, currency, suitability, functionality, integrity, security or otherwise of such Third Party Products.
7.2 We shall have no liability or obligation whatsoever to You or anyone else in relation to any Third Party Products accessed or used on, or in conjunction with, the Lithodomos App, or any contract entered into by You, with the owner, licensor or operator of such Third Party Products.
7.3 We do not endorse, sponsor or approve any Third Party Products and it is Your sole responsibility to determine that any Third Party Products, introduced or used by You or anyone else, in conjunction with the Lithodomos App are compatible with the Lithodomos App, and are suitable for the purposes for which they are used. We recommend that You refer to the third party’s terms and conditions prior to using the relevant Third Party Products.
9. Viruses and Hacking
9.1 You must not misuse the Lithodomos App by introducing viruses, trojans worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Lithodomos App (or any Lithodomos IP contained therein), the server on which the Lithodomos App is stored or any server, computer or database connected to the Lithodomos App.
9.2 We will not be liable to You or anyone else for any loss or damage caused by a virus, system failures or other technologically harmful material due to, or arising out of, Your access to, or use of, the Lithodomos App.
10. Force Majeure
We shall not be responsible to You (or anyone else) if We are prevented from or delayed in performing Our obligations, by acts, events, omissions or accidents beyond Our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, shortage of or inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network, or default of hosting or data centre providers (‘Force Majeure Event’).
11. Updates and Variations
11.1 Without notice to You, We may from time to time apply or install updates to, or new versions of, the Lithodomos App. You acknowledge that the Content on the Lithodomos App is subject to change at any time and may be out of date at any given time. We are under no obligation to update the Content or the Lithodomos App, nor notify you of any changes to the Content or Lithodomos App unless required by law to do so.
11.2 Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on the Lithodomos App. If We make any changes to this Agreement, You will be required to accept these changes before being able to continue using the Lithodomos App.
11.3 Please read this Agreement before using the Lithodomos App as the Agreement may have changed since the last time You accessed and used the Lithodomos App. If You do not agree to any change, then You must immediately stop using the Lithodomos App.
If any provision in this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the reminder of this Agreement which will continue in full force and effect.
No agency, principal-agent, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between You and Us by this Agreement.
14. Entire Agreement
This Agreement, any other documents referred to in it, represent the entire agreement between Us and You in relation to the subject matter and supersedes any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).
15. Jurisdiction and Applicable Law
15.1 The Lithodomos App is created and controlled by Us in the State of Victoria, Australia. As such, the laws of the State of Victoria will govern this Agreement. By using the Lithodomos App You submit to the exclusive jurisdiction of the courts of Victoria and agree that any legal action will only be commenced in these forums.
15.2 The Lithodomos App is available only to people who can form legally binding contracts under applicable law.