Last revised: April 18, 2019
Your access and use of our plug-in (“Normcore”) is governed by these terms (“Terms”). Normcore is provided via normcore.io (“Site”).
By accessing Normcore, you acknowledge that you have read and agree to be bound by all of the terms and conditions set forth in these Terms. If you are accessing Normcore in your capacity as an employee, consultant or agent of a company (or other entity), you represent that you are an employee, consultant or agent of such company (or other entity) and you have the authority to agree on behalf of such company (or other entity) to all of the terms and conditions of these Terms.
These Terms constitute a legally binding agreement between you and Normal VR, LLC. (“Normal”).
Normal reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of Normal) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, posting a notice on the Site, posting the revised Terms on the Site and revising the date at the top of these Terms, or such other form of notice as determined by Normal. Your continued use of Normcore after any of the notices above constitutes your acceptance of such changes or modifications. Therefore, you should review these Terms when you access Normcore to make sure that you understand the terms and conditions that will apply to your use of Normcore.
In order to access Normcore, you must register with Normal by completing the Normal registration form provided via the Site. You agree to (a) provide accurate, current, and complete information as may be prompted by the registration form via the Site (“Registration Data”), (b) maintain the security of your Normal account password, and (c) maintain and promptly update the Registration Data. Please notify Normal immediately if you learn of any unauthorized use of your Normal account or password.
Subject to the terms and conditions of these Terms, Normal grants to you, a nonexclusive, worldwide, nontransferable, nonsublicensable, and revocable right and license to access and use Normcore solely in order to create an application (“Application”).
Normal provides different pricing tiers as further described at normcore.io/pricing. Such pricing and payment terms are incorporated into these Terms by reference. In exchange for the use of Normcore, you are responsible for paying the fees applicable to the tier you select in accordance with the payment terms applicable to such tier.
Unless Normal states otherwise, all payments must be made (a) in U.S. Dollars, and (b) by credit/debit card via an authorized Normal payment processor. You hereby (i) authorize Normal (or its authorized payment processor) to charge the credit/debit card number provided to Normal, and (ii) represent and warrant that you are authorized to use and have fees charged to the credit/debit card number provided to Normal. You understand that you may withdraw your authorization by contacting Normal.
General Obligations. Your use of Normcore must be in accordance with all of the following:
Prohibited Conduct. In using Normcore, you may not do any of the following:
Investigation and Removal of Content. Normal reserves the right, but is not obligated, to investigate any violation of these Terms or misuse of Normcore. Normal may, in its sole discretion, remove or disable access to any content for any reason or for no reason, including if Normal believes that such content violates these Terms or any other agreement we have with you for use of Normcore.
Enforcement. Enforcement of these Terms is solely at Normal’s discretion, and failure to enforce these Terms in some instances does not constitute a waiver of Normal’s right to enforce these Terms in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that Normcore will be free from conduct or content that violates these Terms.
Representations and Warranties. You represent and warrant that (a) each Application is your original work, (b) none of the Applications (excluding Normcore) will infringe, violate or misappropriate any intellectual property rights, rights of privacy, rights of publicity or any other rights of any third party, (c) you will fulfill your obligations (and exercise the rights granted to it) under these Terms in accordance with all applicable domestic and foreign laws, the Federal Trade Commission guidelines or their equivalents, rules and regulations including, but not limited to, data security, spyware or adware, privacy laws, Children’s Online Privacy Protection Act and CAN SPAM, (d) each Application (and related content) will meet the terms and conditions of the Acceptable Use Policy, or (e) none of the Applications will contain any viruses, worms, date bombs, time bombs, or other code that may damage, interrupt or interfere with Normal’s or any third party’s software or hardware.
Your Obligations. You, at your sole expense, will defend Normal and its directors, officers and employees (“Normal Indemnitees”) from and against any claims, suits, actions, or proceedings (“Claims”) and indemnify the Normal Indemnitees from any related damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising from or relating to the Applications (excluding Normcore), or any actual or alleged breach of any of your obligations under this Agreement (including, but not limited to, any alleged or actual breach of any of your representations or warranties set forth in these Terms). Normal will have the right to approve any counsel retained to defend against any Claim in which Normal is named a defendant and will not unreasonably withhold such approval. Further, Normal will have the right to control and participate in the defense of any such Claim concerning matters that relate to Normal, and you will not settle or compromise any such Claim without Normal’s written consent. If, in Normal’s reasonable judgment, a conflict exists between the interests of Normal and you in such a Claim, Normal may retain its own counsel whose reasonable fees will be paid by you.
NORMAL DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED, ORAL OR WRITTEN) ARISING OUT OR RELATING TO THESE TERMS AND/OR NORMCORE, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
NORMAL WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF NORMAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF NORMAL ARISING OUT OF OR RELATED TO THESE TERMS, NORMCORE, OR THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE) EXCEED THE AMOUNT RECEIVED BY NORMAL FROM YOU UNDER THESE TERMS DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION 6 WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Normal may terminate these Terms if Normal reasonably believes that you have breached any of the terms set forth in these Terms.
On any termination of these Terms (a) all rights and licenses granted under these Terms will immediately terminate, and (b) you will promptly return to Normal all confidential information of Normal then in your possession or destroy all copies of confidential information of Normal at Normal’s sole discretion and direction. Notwithstanding any terms to the contrary in these Terms, this sentence and 3 (Pricing and Payment Terms), 4 (Obligations and Restrictions), 5 (Representations, Warranties, and Indemnification), 6 (Disclaimer, and Limitation of Liability), and 8 (General Provisions) will survive any termination of these Terms.
Entire Agreement. These Terms (including the terms and conditions incorporated into these Terms by reference) set forth the entire agreement and understanding of the parties relating to the use of Normcore, and supersede all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom.
Governing Law and Venue. These Terms will be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. The state or federal court in New York will be the jurisdiction in which any suits should be filed if they relate to these Terms.
Feedback and Usage Stats. Any suggestions, comments, or other feedback provided by you to Normal with respect to Normcore or Normal (collectively, “Feedback”) will constitute confidential information of Normal. Normal will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise. You acknowledge and agree that Normal may monitor, collect, use and store data (anonymous, aggregate or otherwise) regarding use of Normcore (“Usage Stats”).
Ownership. As between the parties and subject to the grants set forth in these Terms, you own all rights, title and interest in and to the Applications (excluding Normcore) and all intellectual property rights (as defined below) embodied in the foregoing. As between the parties and subject to the grants set forth in these Terms, Normal owns all right, title and interest in and to Normcore, the Site, all Usage Stats, and all intellectual property rights embodied in the foregoing. Each party reserves all rights not expressly granted in these Terms, and no licenses are granted by a party to the other party under this Agreement, whether by implication, estoppel or otherwise, unless expressly set forth in these Terms.
Independent Contractors. Neither party will, for any purpose, be considered an agent, franchisor, franchise, employee, representative, owner or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
Publicity and Press Release. You consent to Normal’s use of your name and logo on any of Normal’s websites and Normal’s marketing materials identifying you as a user of Normcore.
Severability. If any provision of these Terms is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect, so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. On such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Remedies. Normal is entitled to seek and obtain injunctive relief against any breach or threatened breach by you of any of the terms or conditions set forth in these Terms, from any court of competent jurisdiction, without being required to show any actual damage or irreparable harm, prove the inadequacy of its legal remedies or post any bond or other security.
Notice for California Users. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address below with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
69 Maujer Street
Brooklyn, NY 11206
If you have any questions regarding the use of these Terms, please email Normal at email@example.com.