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IMMERSED ACCESS Terms & Conditions

Last updated: May 18, 2015

Please read these Terms of Use carefully, as they constitute a binding agreement (the “Agreement”) between you and the Immersive Technology Alliance (“ITA”). In particular, this Agreement governs your use of ITA, whether such use be over the Internet at www.ita3d.com (the “Web Site” or the “Immersed Access” site) or by means of mobile or wireless access, and your use of any of ITA’s services, software, information, text, graphics, photos or other material uploaded, downloaded or appearing as ITA’s services provided through the Web Site or elsewhere (the “Service”). This Agreement exempts ITA and other persons from liability or limits their liability and contains other important provisions that you should read.

Each time you use the Web Site, the text of this Agreement, as it then reads, will govern your use. Accordingly, when you use the Web Site, you should check the date of this Agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference. The Web Site and the Service are always evolving and may be modified with reasonable notice. If you have any questions about this Agreement, the Web Site, the Service or ITA, please email us at customerservice@ita3D.com.

YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and ITA, and governs your use of the ITA Web Site and its content and the Services provided through the Web Site. Each time you use the Web Site, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes any type of incorporated or unincorporated entity, including your employer, without limitation or qualification, to be bound by this Agreement for using the Web Site, you agree to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site and Service.

CHANGES TO THIS AGREEMENT

You may not change, supplement, or amend this Agreement in any manner. However, ITA may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, with reasonable notice and without liability to you or any other person. If ITA makes material changes to this Agreement, ITA will make reasonable efforts to notify you by posting an announcement on the Service or Web Site and/or by sending you an email. Material changes to this Agreement will be binding thirty (30) days after such changes have been introduced and for which notification of such material changes has been made.

You should check for revisions to this Agreement each time you access the Web Site. Your continued use of the Service or the Web Site following the posting of any changes to this Agreement constitutes acceptance of those changes.

PERMITTED USERS AND ACCESS

You represent and warrant that, if you are an individual, you are of legal age to form a binding contract, and that, if you are using the Web Site on behalf of an entity, you are authorized to enter into and bind such entity to this Agreement.

The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.  If you are under the age of majority, you must have your parent’s consent to these terms and conditions on your behalf.

RULES AND CONDUCT

Your use of the Web Site does not transfer to you or any other person any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement.

The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of ITA. You may not use any of the software that is used in the operation of the Web Site except in the course of using the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.

The Web Site is made available to you for your lawful use only. You may access, browse, post, publish, link to/from or upload to the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You are expressly prohibited from participating in, conducting, and promoting illegal activities, sending viruses, spamming, interfering with the Web Site creating any other undue burden on the Web Site. You understand that your ability to access and use the Web Site is dependent on your compliance with this Agreement. Breach of this Agreement and any of its provisions may result in restriction or termination of your ability to access and/or use the Web Site or Service.

Each time you use the Web Site, the text of this agreement, as it then reads, will govern your use. Accordingly, when you use the Web Site you should check the date of this agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference.

DEFINITIONS

“Immersed Access” (subscription / private membership portion of “ita3D.com”) provides the web site including the private home page and content (collectively, the “Immersed Access” site) subject to your compliance with the terms and conditions below.

“The Immersive Technology Alliance” (also known as “The ITA”) refers to a formal non-profit organization designed to meet the needs and interests of the immersive technology industry.

“Immersed Access” refers to the private online community and service developed, owned, and operated by The Immersive Technology Alliance.

“Registrant” refers to the individual or corporation who has joined The Immersive Technology Alliance and/or is using the Immersed Access service and its content.

“Contributor” refers to an Immersed Access Registrant or ITA approved Immersed Access guest that posts or contributes new material or content to the Immersed Access private community via blog, forum post, video, or any recognized media form.

 

IP OWNERS

Contributor retains all rights, title and interest into all materials contributed to or posted on the Web Site by such person, save and except for the limited license granted herein.   Registrants are granted a limited, non-exclusive, non-transferable, license during the term such person is Registrant in good standing to review the material posted by Contributors for internal learning purposes only.   Registrant have no right to use the materials (whether by reference, integration or otherwise) for any other purposes. Persons who use Contributor material in a manner contrary to the terms herein, shall indemnify and hold ITA and the Contributor harmless for breach of the terms herein and for all damages resulting from such breach. All Contributors are third party beneficiaries to this Agreement and rely on may enforce terms of same against Registrants.

1. Non-Disclosure Agreement

Immersed Access is a private Immersive Technology Alliance community designed to allow liability-free open discussion, experimentation, and peer to peer education amongst professionals.

Through use of the private service, the undersigned acknowledges that Immersed Access has furnished to registrant confidential information via access to its community, community interactions, content, private developments within The Immersive Technology Alliance, and more that is not intended for public or external consumption unless otherwise stated outside the Immersed Access service by the ITA and/or the authorized Contributor.

Registrant acknowledges that the following information provided by Immersed Access and its community is deemed confidential:

  • Who is part of the community (names, titles, and affiliations).
  • Shared content and / or educational sessions that have yet to be publicized by The ITA or recreated by the original Contributor externally.
  • All opinions, discussions, and interactions shared within the Immersed Access service.

Registrant is allowed to internally use or experiment with what is learned for product development purposes provided that all these criteria are met:

  • All applicable IP considerations are directly settled with the Contributor.
  • The Contributor is properly credited where applicable and appropriate.
  • The Immersive Technology Alliance, its membership, and the Immersed Access membership are not held liable for any results.

Registrant is excused from these NDA requirements provided that all these criteria are met:

  • Registrant can demonstrate they were already aware of what was shared in the Immersed Access service other than through this Web Site and not subject to obligations of confidentiality;.
  • The Immersive Technology Alliance, its membership, and the Immersed Access membership are not held liable for any results.

Registrant agrees not to publicly disclose the information other than as provided for in the following paragraph:

Registrant acknowledges that information to be furnished is, in all respects, confidential in nature other than information which is in the public domain through other means. Any disclosure or use of same by Registrant, except as provided in this agreement, may cause serious harm or damage to The Immersive Technology Alliance, its members, and the Immersed Access community at large. Therefore, Registrant agrees not to use the information furnished for any purpose other than as stated above. Registrant agrees he/she will not either directly or indirectly by agent, employee, or representative, disclose this information, either in whole or in part, to any third party; provided however that:

(a)       information furnished may be disclosed only to those directors, officers and employees of registrant and to registrant’s advisors or their representatives who need such information for the purpose of evaluating what is shared (it being understood that those directors, officers, employees, advisors and representative shall be informed by registrant of the confidential nature of such information and shall be directed by registrant to treat such information confidentially, and who shall be required to agree to this form as well); and

(b)       any disclosure of information may be made to which the Contributor directly consents in writing. At the demand of The Immersive Technology Alliance or recognized Contributor, registrant will return all records, reports, documents and memoranda furnished and will not make or retain any copy thereof.

2. Disclaimer of Statements Shared in Immersed Access

The presentations, industry views, predictions, and general opinions shared in Immersed Access are only attributable to the Contributor. They do not necessarily reflect the same by The Immersive Technology Alliance, its membership, or the company who the Registrant works for.

3. Membership Fees

Immersed Access membership fees are billed annually and are due on receipt. Rates are subject to change without notice. Immersed Access and Immersive Technology Alliance annual membership fees are non-refundable.

4. Membership Cancellation

Membership automatically concludes when the agreed term is over and renewal payment isn’t received. On its sole discretion, The Immersive Technology Alliance retains the right to cancel any membership without refund if they have cause to believe:

  • These terms and conditions have not been honored.
  • Payment for membership has not been honored.
  • The Registrant has joined Immersed Access with false information (e.g. false identity, contact info, etc.).
  • The Registrant works or writes for a non-ITA affiliated press or blogging community.
  • The Registrant or Registrant’s company serves on the Board of Directors of a competing organization and has not garnered ITA Board of Directors approval for membership in writing.
  • The Registrant is disrupting or causing harm to the Immersed Access service and community.


5. Unacceptable Practices

While visiting the Immersed Access Site, you may not:

  • Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Immersed Access Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Immersed Access Site or the Internet.
  • Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Immersed Access Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder.

6. Monitoring

The Immersive Technology Alliance is not obligated to monitor the Immersed Access Site. However, you agree that The Immersive Technology Alliance has the right to monitor the Immersed Access Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Immersed Access Site properly, or to protect itself or its subscribers.

The Immersive Technology Alliance will not intentionally monitor or disclose any private electronic-mail message unless required by law. The Immersive Technology Alliance reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

7. Privacy

The Immersed Access registration database and website contents are kept strictly in house, and materials will not be sold to third parties. However, even with reasonable precautions, The Immersive Technology Alliance cannot ensure or guarantee 100% privacy and security for The Immersed Access members. The Immersive Technology Alliance, its membership, and its affiliates and related companies shall be relieved of all liability in connection therewith.

8. Buying over the Internet

When making transactions through the Immersed Access Site or the Internet, you may be asked by the Merchant or information or service provider to supply specific information including payment method information (e.g. credit card) and personal identification. You agree that all information you provide any merchant or information or service provider through the Immersed Access Site will be accurate and complete. Inclusive of taxes, you agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. The Immersive Technology Alliance is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

9. Immersed Access Copyright

All original Immersed Access posts, blogs, editorials, articles, videos, and any and all content contributed to, shared, and published on Immersed Access is immediately copyrighted by The Immersive Technology Alliance and cannot be repurposed externally without prior written approval by the Immersive Technology Alliance.

The Contributor retains the right to recreate the materials for purposes outside Immersed Access provided the Immersed Access terms and conditions are honored.

Source materials used to create Immersed Access presentations and posts that are already in the public domain or are intended for public consumption at a later date are excluded from this Copyright requirement.

10. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

ITA strives to make your use of the Web Site a useful experience. Nevertheless, ITA and the ITA Parties do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:

DISCLAIMER

YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF ITA AND THE ITA PARTIES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.

THROUGH OR BECAUSE OF YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMUNICATIONS AND TRANSACTIONS OF A COMMERCIAL OR PERSONAL NATURE WITH PERSONS OTHER THAN ITA. ALL SUCH COMMUNICATIONS AND TRANSACTIONS ARE AT YOUR OWN RISK. ITA IS NOT A PARTY TO ANY SUCH COMMUNICATIONS AND TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH COMMUNICATIONS AND TRANSACTIONS. TO THE EXTENT THAT YOU CHOOSE TO PARTAKE IN SUCH COMMUNICATIONS AND TRANSACTIONS, ITA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND RELATED THERETO, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF ITA AND THE ITA PARTIES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU (AND NOT ITA OR THE ITA PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE.

THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND ITA’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.

ITA IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE. HOWEVER, YOU PROMISE NOT TO SHARE USE OF YOUR LOGIN NAME OR PASSWORD [IF APPLICABLE] NOR TO ALLOW ANYONE TO USE THE WEB SITE POSING AS YOU.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ITA AND THE ITA PARTIES MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:

  • THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
  • THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
  • THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
  • PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
  • THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
  • THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;

AND ITA AND THE ITA PARTIES DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSION

ITA AND THE ITA PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY ITA OR ANY OF THE ITA PARTIES OR ANY PERSON FOR WHOM ITA OR ANY OF THE ITA PARTIES ARE RESPONSIBLE, AND NOTWITHSTANDING THAT ITA OR THE ITA PARTIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

LIMITATION OF LIABILITY

IN NO EVENT WILL ITA’S OR ANY OF THE ITA PARTIES’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY ITA OR ANY PERSON FOR WHOM ITA IS RESPONSIBLE, EXCEED $50.

RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF ITA AND THE ITA PARTIES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF ITA AND THE ITA PARTIES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE, THE USE OF THE WEB SITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY ITA AND THE ITA PARTIES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE WEB SITE.

ADVICE AND INFORMATION PROVIDED BY ITA OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.

The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.

11. Recourse

If you are dissatisfied with the Immersed Access Site or with any terms, conditions, rules, policies, guidelines, or practices of The Immersive Technology Alliance in operating the Immersed Access Site, your sole and exclusive remedy is to discontinue using the Immersed Access Site.

12. Confidential Information

You authorize The Immersive Technology Alliance to collect from any party and to retain all relevant information relating to your use of the Immersed Access Site, and you hereby authorize any party to provide us with such information. This clause is required to prevent fraudulent activity.

13. Indemnity

You agree to defend, indemnify and hold The Immersive Technology Alliance and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the Immersed Access Site or the Internet or the placement or transmission of any message, information, software or other materials on the Immersed Access Site or on the Internet by you or users of your account.

14. Trademarks

The Immersive Technology Alliance, ita3D.com, Immersed Access and other names, logos and icons identifying “Immersed Access” and The Immersive Technology Alliance’ products and services referenced herein are trademarks of The Immersive Technology Alliance. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.

15. DISCLAIMER FOR ANY SHARED SOFTWARE

THE SOFTWARE CONTAINED IN THIS ARCHIVE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL THE IMMERSIVE TECHNOLOGY ALLIANCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE. USE OF THE FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.

16. Miscellaneous

This Agreement, including any and all documents referenced herein, constitute the entire agreement between The Immersive Technology Alliance and you pertaining to the subject matter hereof. The Immersive Technology Alliance’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.

17. Privacy Policy

The follow is a summary of the Immersed Access (The Immersive Technology Alliance) Privacy Policy. In particular, this section explains what information is gathered from our registrants and users, and how that information is used.

18. Information The Immersive Technology Alliance Gathers and Tracks

The Immersive Technology Alliance gathers two types of information about users:

  1. Data that users provide through optional, voluntary registration.
  2. Aggregated tracking information derived mainly by tallying page views throughout our sites.

This information enables us to measure our success and impact to help the alliance achieve its goals by helping its members and sponsors achieve their goals, and attracting additional participation and growth where possible.

While we do not release this information, for the purposes of preventing fraud, we do allow sponsors to cross-check information with our database to confirm eligibility for The Immersive Technology Alliance discount programs. This information includes:

  • Name
  • Address
  • Email Address
  • Telephone

This information is provided on the contractual understanding with each sponsor that it is to be used solely and exclusively for the purpose of tracking customer discount eligibility, and is a standard practice in the industry.

The Immersive Technology Alliance and Immersed Access does not provide this information to any other third parties under any circumstances.

Electronic Newsletters

Immersed Access gathers the e-mail addresses of registrants who voluntarily subscribe, and offers free electronic newsletters to users. Members may remove themselves from any mailing list by following the instructions contained in every newsletter. They can also subscribe to the newsletters at the time of registration.

Surveys

The Immersive Technology Alliance occasionally conducts customer surveys to better target our content and discount offerings for our membership. We sometimes share the aggregated demographic information in these surveys with our sponsors and partners. We never share any information about specific individuals with any third party, except as noted previously.

Contests and Sweepstakes

The Immersive Technology Alliance offers contests and sweepstakes in which we request certain personal information. These contests and sweepstakes are conducted in full accordance with United States and Canadian federal and state laws. The full rules and all information about such contests are clearly posted during such events. Information gathered is used only to verify user identity and to contact winners and/or prize recipients, except when specifically noted otherwise. Again, we do not share information about specific individuals with any third party, except as noted previously.

Usage Tracking

The Immersive Technology Alliance tracks user traffic patterns throughout The Immersive Technology Alliance website, and this information is correlated with data about individual users. Overall usage statistics, according to a user’s domain name, browser type and MIME type is collected by reading this information from the browser string (information contained in every user’s browser), and is broken down.

Cookies

A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information like a user ID that is used to track the pages you’ve visited. The only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites.

If you’ve set your browser to warn you before accepting cookies, you will receive the warning message with each cookie.

Use of the Information

The Immersive Technology Alliance uses any information voluntarily given by our members to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.

As stated above, Immersed Access uses information that members voluntarily provide in order to send out electronic newsletters, enable members to participate in polls and message boards, and more. We plan to send out newsletters to subscribers on a regular schedule and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. Immersed Access never shares newsletter mailing lists with any third parties, including advertisers or partners.

We use tracking information to determine which areas of our sites members like and don’t like based on traffic to those areas. Immersed Access tracks how well each page performs overall – not what individual members read. This helps us to further enhance our membership benefits.

The Immersive Technology Alliance uses the above-described information to tailor our content to suit your needs and help our members and supporters to better meet our membership’s needs. We do not share information about individual members with any third party, with the exceptions noted previously.

Unsubscribe Policy

Members may unsubscribe to any of our electronic newsletters at any time by following the instructions contained at the end of each newsletter.

How to Contact Us

If you ever need to contact us, please email customerservice@ita3D.com.

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