VR Headset specific Health & Safety Center

SAFETY POLICY - USING THE VIRTUAL SMOKE SCHOOL APPLICATION AND VIRTUAL REALITY (VR) HEADSET

Do not use the headset if you are:

• Suffering from lack of sufficient sleep;
• Under influence of alcohol or drugs
• Suffering emotional stress or anxiety
• If you are younger than 18 years of age, and/or considered a "Minor".
• Under the age of 13

If you are pregnant, elderly, have vision abnormalities or psychiatric disorders, have a history of epileptic conditions or suffer from a heart condition or other serious medical condition, we strongly recommend seeing a doctor before using the VR headset.

Risk of Seizures

User should be aware that seizures, eye muscle twitching, severe dizziness or other conditions causing blackouts or loss of consciousness may be triggered by light patterns or flashes. These patterns can occur while using the VR headset.

If you experience any of these symptoms you should immediately discontinue use of the VR headset and see a doctor.

Heed Precautions

Use the VR headset while seated at all times.

At all times, use the VR headset while safely away from:

• Other people or animals
• Sharp objects, such as knives & furniture edges
• Tripping hazards
• Stairs and Stairwells
• Open doors, windows and patio doors
• Balconies and patios
• Furniture, plants and other household items
• Slippery or wet surfaces
• Light fixtures and moving objects, such as ceiling fans
• Other electrical equipment or electrical outlets
• Other items you may bump into or trip over during or immediately after use of the VR headset

We recommend taking prolonged and regular breaks while using the VR headset. An example would be removing the headset for 10 minutes every 45 minutes.

Use of the VR headset can cause motion sickness similar to car, sea or air sickness and may not present until hours after using the VR headset.

Do not use while driving or riding in a moving vehicle or operating machinery of any kind as this could lead to death, personal injury, or damage to property.

Fire Hazard

NEVER leave the headset in sunlight as this may cause fire or other property damage from sunlight focused into a high temperature area by the lenses in the VR headset.

Hot VR headset

The VR headset may become hot when used together with VR features or VR applications for an extended period of time. Take off the VR headset to help it cool down before resuming use. Prolonged contact with an overheated device may cause discomfort or burns.

USAGE POLICY - VIRTUAL SMOKE SCHOOL APPLICATION AND VR HEADSET

Updated: July 25, 2023

1. ACCEPTING THESE TERMS

The Virtual Smoke School application, online lecture and the Virtual Reality (VR) headset used to display and operate the Virtual Smoke School application are herein defined as “Services.” Your access and use of our Services shall be subject to these Terms. By accessing or using any of our Services, you agree that a legally binding contract is formed between you and Virtual Smoke School, and that you accept these Terms and you agree to comply with them. You acknowledge and agree that you are subject to and shall comply with additional terms, conditions, policies and/or guidelines for accessing and using our Services, which will be made available to you from time to time and are incorporated herein by reference. If you do not agree to any of these Terms, you must not access or use any of our Services.

Your access and use of any of our Services is also subject to our Privacy Policy, as amended from time to time and available at www.virtualsmokeschool.com. By using any of our Services, you consent to the prevailing terms of the Privacy Policy. 

We may from time to time notify you of supplemental terms applicable to you in respect of access and/or use from particular jurisdictions ("Jurisdiction-Specific Terms"), and in the event of a conflict between the provisions of the Jurisdiction-Specific Terms and the rest of these Terms, the relevant Jurisdiction-Specific Terms will supersede and control with respect to such conflict. 

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the business’ or entity’s behalf, (c) you represent and warrant that you have reached or are over the age of majority under applicable laws to enter into a binding agreement with us; (d) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your business or entity, including any employees, agents or contractors. 

IF YOU ACCESS AND/OR USE OUR SERVICES, YOU CONFIRM (AND WE ARE ENTITLED TO ASSUME WITHOUT FURTHER INQUIRY) THAT YOU ARE AT LEAST 13 YEARS OF AGE OR OF THE RELEVANT AGE UNDER APPLICABLE LAW. IF YOU ARE YOUNGER THAN 18 YEARS OF AGE OR THE RELEVANT AGE OF MAJORITY UNDER APPLICABLE LAW ("MINOR"): (A) YOU MUST OBTAIN PERMISSION FROM A PARENT OR A LEGAL GUARDIAN (IF APPLICABLE) TO ACCESS AND/OR USE OUR SERVICES; (B) THAT PARENT OR LEGAL GUARDIAN (AS THE CASE MAY BE) MUST AGREE TO THESE TERMS; AND (C) YOU MUST ONLY USE ANY OF OUR SERVICES ONLY IN CONJUNCTION WITH AND UNDER THE SUPERVISION OR CONSENT OF A PARENT OR LEGAL GUARDIAN. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR, YOU MUST ACCEPT THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL ACCESS AND/OR USE OF OUR SERVICES UNDER THESE TERMS.

If you are the parent or legal guardian of a Minor, you further agree, acknowledge, and undertake to us that:

• You must carefully supervise that Minor's access and/or use of our Services;
• It is your responsibility to determine whether any part of our Services is appropriate and/or safe for that Minor;
• YOU MUST PAY IN FULL ALL SUMS DUE ARISING FROM THE ACTIVITIES OF THAT MINOR IN CONNECTION WITH OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY TRANSACTIONS MADE ON OR THROUGH OUR SERVICES BY THAT MINOR ASSOCIATED WITH YOUR ACCESS CREDENTIALS, EVEN IF THE MINOR DID SO WITHOUT YOUR KNOWLEDGE AND/OR CONSENT; and
• YOU HEREBY EXPRESSLY CONSENT on behalf of that Minor to the collection, use, disclosure and/or processing of that Minor's personal data in accordance with these Terms and our Privacy Policy, and you agree that we may deem the same.

We may also prescribe additional age limitations for certain of our Services that may be higher than 13 years of age. By using our Services where such additional limitations are prescribed, you confirm that you are over the relevant age specified. If we learn that someone under the relevant age allowed is using our Services, we shall have the right to terminate that user's account.

2. CHANGES TO THESE TERMS

We may amend these Terms from time to time, for instance when we update the functionality of any of our Services, when we combine multiple services operated by us or our affiliates into a single combined service, or when there are regulatory changes. We may use commercially reasonable efforts to generally notify users of such changes, such as by sending an email notification to the address you have provided and/or notice through Virtual Smoke School. You should look at these Terms regularly to check for such changes. 

We may also update the "Last Updated" date at the top of these Terms, which indicate the effective date of such updated Terms. Your continued access or use of any of our Services from the effective date of any such changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop accessing or using our Services.

3. LICENSE TO SERVICES

As a condition of your access to and use of any of our Services, you agree not to use our Services to infringe any intellectual property rights. We shall have the right, with or without notice, at any time and in our sole and absolute discretion to block access to and/or terminate our Services if you infringe or are alleged to infringe any copyright, trade mark or other intellectual property or moral rights or other rights of any person.

Subject to these Terms and your continuing compliance thereof, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use our Services in our permitted jurisdictions, including access to the Virtual Smoke School Content (as defined below) as part of our Services. Virtual Smoke School reserves all rights in and to the Services not expressly granted to you.

Due to legal or regulatory restrictions in any jurisdiction, you: (a) may not be able to access or use any of our Services in or from certain jurisdictions; and/or (b) may be infringing certain legal or regulatory requirements under applicable laws when accessing or using our Services in or from such jurisdictions. By accessing and/or using our Services (or continuing to do the same), you represent and warrant to us that your use and/or access meets all applicable legal or regulatory requirements under applicable laws, including without limitation all applicable technology control or export laws and regulations. It is your sole responsibility to ascertain whether any such legal or regulatory restrictions exist, and we shall not be liable for any losses arising out of your inability to access or use such Services or any contravention of such legal or regulatory requirements. You shall fully indemnify, defend and hold harmless us and our affiliates from and against any losses or damages that we may be subject to or suffer in connection with any failure by you to comply with any such legal or regulatory restrictions. Notwithstanding anything in these Terms, we shall have the right to take steps or measures to prevent any of our Services from being accessed or used in any jurisdiction as we may determine in our sole and absolute discretion from time to time. You shall not circumvent such steps or measures in any manner. 

4. YOUR ACCESS TO AND USE OF OUR SERVICES

You must not (except where such prohibition is not allowed under applicable law) without our express written consent:

• access or use any of our Services if you are not fully authorized and legally competent to agree to these Terms;
• make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of any of our Services or any content therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by any of our Services or any derivative works thereof;
• rent, lease, loan, assign, distribute, license, transfer, or sell, in whole or in part, any of our Services, or any derivative works thereof;
• use any of our Services for any commercial (unless otherwise expressly permitted by us in writing) or unauthorized purpose, including: (i) communicating or facilitating any commercial advertisement or solicitation or spamming; and/or (ii) market, rent or lease any of our Services for a fee or charge; 
• interfere with or attempt to interfere with the proper working of our Services, disrupt any aspect of our Services, website or any networks connected to our Services, or bypass any measures we may use to prevent or restrict access to our Services;
• incorporate our Services or any portion thereof into any other program or product unless otherwise expressly permitted by us in writing. In such case, we shall have the right to refuse to provide any of our Services, terminate account(s) or limit access to our Services in our sole and absolute discretion;
• attempt to probe, scan, test the vulnerability of or gain unauthorized access to a system or network or to breach or circumvent security or authentication measures without proper authorization;
• use automated scripts to collect information, content or data from or otherwise interact with our Services;
• create a false identity on our Services, impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the false or misleading impression that any content you upload, post, transmit, distribute or otherwise make available emanates from our Services or another's account;
• mask or alter the geographical location from which you appear to our systems to be accessing and/or using any of our Services, or use IP proxying or other methods to disguise the place of your residence;
• use or attempt to use an account, Service or system without authorization from Virtual Smoke School;
• use our Services in a manner that may create a conflict of interest or undermine the purposes of our Services;
• use any of our Services in a way that could damage, disable, overburden, impair or compromise our Services or interfere with another person's usage or access to any of our Services; and/or
• use our Services to upload, transmit, distribute, store or otherwise make available in any way: (i) files that contain viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful; (ii) any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other prohibited form(s) of solicitation; (iii) any private information or personal data of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., national insurance numbers, passport numbers, etc.) or credit card numbers; (iv) any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights or moral rights of any other person; (v) any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; (vi) any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; (vii) any material that is designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; (viii) any material that contains a threat of any kind, including threats of physical violence; (ix) any material that is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability, sex or sexual orientation; (x) any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and/or (xi) material that, in the sole judgment of Virtual Smoke School, (1) is objectionable or which restricts or inhibits any other person from using our Services, or (2) may expose Virtual Smoke School, our Services or Virtual Smoke School’s users to any harm or liability of any type.

You acknowledge and agree that our Services may include analytics and other tools that may allow us to gather information about how our Services are used, usage patterns and/or user preferences, and may include our use of cookies, running of verification and compliance analysis and/or use of data capture, syndication analysis, and/or other similar tools to track, extract, compile, aggregate, archive, disclose or otherwise analyze any data and/or information resulting from any person's access to and/or use of any of our Services (including without limitation your geo-location information), and further that: (a) we shall retain all rights, title and interest in and to all such information and data; and (b) any intellectual property rights of or in the results of such analytics shall vest solely in us. 

We may require you to use certain equipment and/or software to access and use our Services, and you must only use hardware and/or software that we have approved for such purposes. We may also from time to time require you to install updates as a condition to continued access to any of our Services. In addition, we may from time to time automatically update software you obtain through our Services, or provide you with new software to keep our Services functioning properly, which could include bug fixes, patches, enhanced features, plug-ins and new versions, whether on our systems or on your systems. By accessing or using our Services, you agree to such automatic updating. If you do use such new software, you may not be able to continue to access or use our Services. 

We may from time to time, without giving any notice, upgrade, modify, alter, suspend, discontinue the provision of, or remove, whether in whole in part, any of our Services including without limitation Virtual Smoke School Content (as defined below), and/or any functionality provided therein, and to the maximum extent permitted by applicable law, we shall not thereby be liable to you or any third party. 

We reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend access to our Services if in our sole opinion your use of our Services violates or potentially violates these Terms, third party rights (including intellectual property rights), applicable laws or regulations or is otherwise harmful to the Services, our users or third parties. 

5. PERSONAL DATA AND SECURITY

Your use of our Services shall be subject to our Privacy Policy (as amended from time to time and viewable at www.virtualsmokeschool.com). Please read our Privacy Policy carefully to ensure you understand how we handle personal data and to allow you to make appropriate choices before using our Services. 

6. INTELLECTUAL PROPERTY AND CONTENT RIGHTS

As between you and Virtual Smoke School, all content, materials, software, hardware, firmware code, algorithm, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on, and "look and feel" of our Services, and all intellectual property rights related thereto (the "Virtual Smoke School Content"), are either owned by or licensed to Virtual Smoke School. Use of the Virtual Smoke School Content for any purpose not expressly permitted by these Terms is strictly prohibited. Virtual Smoke School Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, performed, adapted, edited, published, sold, licensed, reverse-engineered, decompiled, disassembled or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors', prior written consent. We and our licensors reserve all rights not expressly granted to you in and to Virtual Smoke School Content. 

Notwithstanding anything contrary hereunder, nothing in these Terms confers on you any rights to use "Virtual Smoke School" and any other trademarks, service marks, logos, get-up, trade names, goodwill, internet domain names, slogans, product names and designations and other proprietary indicia used as part of any of our Services, all of which are and remain the property of Virtual Smoke School or the relevant owner(s).

Feedback

If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:

Virtual Smoke School has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

you irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

7. EXCLUSION OF WARRANTIES

Nothing in these terms shall affect any rights that you cannot contractually agree to exclude or waive under applicable laws.

Our services are provided "as is" and “as available” and we make no warranty, representation or conditions to you with respect to them. in particular we do not represent or warrant to you that:

• any of our services will meet your requirements;
• any of our services will be uninterrupted, timely, secure, free from error or non-infringing; 
• defects in the operation or functionality of any software provided to you as part of our services will be corrected.
• our services may be subject to limitations, delays and other problems inherent in the use of communications facilities or networks.

We hereby expressly disclaim all representations, warranties or conditions, whether express, statutory or implied, oral or in writing, including but not limited to the representations, warranties or conditions of non-infringement of third party rights, title, satisfactory quality, accuracy, adequacy, completeness, timeliness, merchantability, currency, reliability, performance, security, fitness for a particular purpose, conformance with description, continued availability, or inter-operability with other systems or services, and no such representations, warranties or conditions is given in conjunction with our services (including without limitation virtual smoke school content and digital products). We may change, suspend, withdraw or restrict the availability of all or any part of our services for business and operational reasons at any time without notice.

You agree to protect, indemnify, and absolve Virtual Smoke School, its parent companies, subsidiaries, affiliates, as well as their individual officers, directors, employees, agents, and advisors from any and all claims, responsibilities, expenditures, services, and costs arising from circumstances such as the dissolution, bankruptcy, legal injunctions, or similar events affecting Virtual Smoke School and/or its partners.

8. LIMITATION OF LIABILITY

Nothing in these terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited under applicable laws, such as liability for death or personal injury resulting from negligence.

To the fullest extent permitted by law, we shall not be liable to you for:

• any (i) loss of business; (ii) loss of goodwill; (iii) business reputation; (iv) business interruption; (v) loss of profit (whether incurred directly or indirectly); (vi) loss of goodwill; (vii) loss of opportunity; (viii) loss of data suffered by you; and/or (ix) indirect or consequential losses which may be incurred by you; and/or

any loss or damage which may be incurred by you as a result of:

• any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on or in connection with our services;
• any changes which we may make to our services, or for any permanent or temporary cessation in the provision of our services (or any features within our services);
• the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted or uploaded by or through your use of our services;
• your failure to provide us with accurate account information; and/or
• your failure to keep your password or account details secure and confidential.

These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

You are responsible for any mobile or network charges that may apply to your use of our services, including data charges. If you are unsure what those charges may be, it is your responsibility to ask your service provider before using our services.

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of our services, including, by way of example and not limitation, any carrier, intellectual property right owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates and each of their respective officers, directors, employees, agents and advisors from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

To the fullest extent permitted by law, Virtual Smoke School's maximum aggregate liability for all claims, suits, demands, actions or other legal proceedings in connection with these terms, whether based on an action or claim in contract, negligence, tort, or otherwise, shall not exceed $600 U.S. dollars.

9. SALES TAX

Virtual Smoke School LLC training and consulting services are not taxable. Sales/use and added-value taxes and permits are typically not required for training services. Additional taxes and fees levied by the state or local jurisdiction are the responsibility of the client/facility, including permit fees or requirements.

10. INDEMNITY

You agree to defend, indemnify, and hold harmless Virtual Smoke School, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of or in connection with your agreement to use our Services. 

11. OTHER TERMS

• Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of Osage County Missouri, United States. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Osage County Missouri court.
• Subcontracting. We may, in our sole and absolute discretion, perform our obligations under these Terms, whether in whole or in part, through one or more of our subsidiaries, or associated or related companies or corporations, and the full and complete performance by any such person(s) shall constitute full performance by us of our corresponding obligations.
• Open Source. Aspects of our Services may contain open source software. Each item of open source software is subject to its own applicable license terms.
• Entire Agreement. These Terms, and the documents incorporated herein, embodies the entire agreement and understanding between the you and us relating to the subject matter of these Terms, and supersedes all prior agreements and understandings relating to our Services.
• No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
• Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is illegal or invalid, then that provision will be removed from these Terms without affecting the rest of these Terms, and the remaining provisions of these Terms shall continue to be valid and enforceable.

12. ADDITIONAL LEGAL POLICIES AND PROCEDURES:

The virtual reality headset manufacturer, PICO Immersive Pte. Ltd, has its own set of legal policies, procedures, and terms. These are separate from the policies of Virtual Smoke School. Information about these additional manufacturer policies can be obtained from the manufacturer's official website at https://www.picoxr.com/global/legal, or through other appropriate means.

Scope of Virtual Smoke School Policies: The manufacturer's policies do not limit or replace the policies of Virtual Smoke School. Virtual Smoke School has its own policies, which remain in effect.

Liability: Virtual Smoke School will not be held liable for any claims, demands and damages (actual and consequential) legal or not that arise from discrepancies between Virtual Smoke School and PICO Immersive Pte. Ltd and their respective terms.

"Umbrella" Policy: In cases where the manufacturer's policies cover terms, conditions, or policies that are not explicitly addressed by Virtual Smoke School, the manufacturer's policies are considered as an overarching or umbrella policy that applies.

Contact Us. If you have any questions regarding these Term or use of Virtual Smoke School Services, please contact us at info@virtualsmokeschool.com