Welcome to nearbyvr.com. VR Nerds GmbH (“VRN,” “we” or “us”) provides this website (the "Site") to you subject to these terms and conditions of use (“Terms” or “Agreement”). The Site is comprised of various web pages operated by VRN. By accessing, using, or by merely browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site. Please read these terms carefully, and keep a copy of them for your reference. The purpose of this website is to provide information regarding services available through VRN.
In these Terms, our customers, hosts, vendors, partners, casual browsers of the Site and any person who gains access to this Site are referred to as “Users.” This Site is not intended to be used by children. VRN does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under 18, you may use the Site only with permission of a parent or guardian. VRN reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. The most current version of the Terms will supersede all previous versions. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at email@example.com.
Visiting VRN or sending emails to VRN constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
2. Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that VRN is not responsible for third party access to your account that results from theft or misappropriation of your account. VRN and its associates, affiliates and partners reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
3. Fees & Charges
NearbyVR may charge hosts a 5% service fee on bookings. This would be subtracted from the subtotal (the listing price before the guest’s service fee is added). For example, for a 2-hour booking at a hourly rate of $25, the host service fee is calculated as follows:
Subtotal 2 * $25 = $50
Payout $50 - (0.05 * $50) = $47.50
Service Fee $50 - $45 = $2.5
Hosts can see the amount of the service fee and a detailed summary of the transaction in their NearbyVR via the ‘Transfers’ section of the host dashboard.
In future NearbyVR may charge guests a 10% service fee on all bookings. This would be added to the subtotal. For example, for a 2-hour booking at a hourly rate of $25, the guest service fee is calculated as follows:
Subtotal 2 * $25 = $50
Total $50 * 1.1 = $55
Service Fee $55 - $50 = $5
Guests can see the amount of the service fee and a detailed summary of the transaction in their NearbyVR via the ‘My Bookings’ section of the guest dashboard.
4. Ownership, Copyright and Trademarks
In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content.” Content provided by Users is called “User Content.” User Content remains the property of the User. VRN's rights to User Content are limited to the limited licenses granted in Section 11 of these Terms. Other than User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of Desks Near Me or its licensors, and is protected by United States and international copyright and intellectual property laws, and all rights to the Site, the Content and software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by VRN. VRN collects certain information and data during the normal operation of the Site. The information and data collected through the operation of the Site is the property of NearbyVR unless NearbyVR has agreed to collect information and data on behalf of a User or customer. Any agreement by NearbyVR to collect information and data on behalf of a User or customer must be memorialized in a Services Agreement. In the event of conflict or inconsistency between any of the provisions of this Agreement and the Services Agreement, the Services Agreement shall be given precedence. Your User Content is your responsibility. NearbyVR has no responsibility or liability for your User Content, or for any loss or damage your User Content may cause to you or other people. Although NearbyVR has no obligation to do so, NearbyVR has the absolute discretion to remove any User Content posted or stored on the Site, and NearbyVR may do this at any time and for any reason. NearbyVR is solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.
5. NearbyVR Limited License of Content to You
NearbyVR grants you a limited, revocable, non-exclusive, license to access and use the Site and to view, copy and print the portions of the Content available to you on the Site strictly in accordance with these Terms. Such license is specifically conditioned upon the following: (i) you warrant to NearbyVR that you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (ii) you may only view, copy and print such portions of the Content for your own use; (iii) you may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, or otherwise make derivative works of the Site or the Content, or reproduce, distribute, exploit or display the Site or any Content (except for page caching) except as expressly permitted in these Terms; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site; and (vii) you may not use the Site or the Content other than for its intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NearbyVR or its suppliers or partners and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for your personal use, and will make no other use of the Content without the express written permission of NearbyVR and the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license, express or implied, to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by NearbyVR at any time. You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact NearbyVR at the address identified at the bottom of these Terms.
6. Providing a Reliable and Secure Service
NearbyVR takes security seriously. NearbyVR strives to maintain a reliable and secure environment for your data. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Site, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
7. Links to Third Party Sites
The Site may contain links to other third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”). The Third-Party Sites are not under the control of NearbyVR Me and NearbyVR is not responsible for the contents of any Third-Party Site, including without limitation any link contained in a Third-Party Site, or any changes or updates to a Third-Party Site. NearbyVR Me does not make any claims or representations to any Third-Party Sites. NearbyVR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement, adoption or sponsorship of, or affiliation with NearbyVR of such Third-Party Site or Third-Party Content or any association with its operators. When you leave the Site, NearbyVR's Terms and policies are no longer applicable. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the near-me.com domain, you hereby acknowledge and consent that NearbyVR may share such information and data with any third party with whom NearbyVR has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s Users and customers.
8. Third Party Accounts
You will be able to connect your NearbyVR account to third party accounts. By connecting your NearbyVR account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
9. International Users
The Service is controlled, operated and administered by NearbyVR from our offices within Germany. If you access the Service from a location outside the USA or Germany, you are responsible for compliance with all local laws. You agree that you will not use the NearbyVR Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless NearbyVR, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NearbyVR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NearbyVR in asserting any available defenses.
11. Limitation of Liability; Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST NearbyVR, ITS AFFILIATES OR SUBSIDIARIES, THEIR CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OR PERFORMANCE OF THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK. Without limitation of the foregoing, to the maximum extent permitted by law, neither NearbyVR nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from NearbyVR or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to NearbyVR or any other Released Party's records, programs or Services. In no event shall the aggregate liability of NearbyVR, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, even if NearbyVR or any of its Suppliers or Partners has been advised of the possibility of damages, exceed any compensation paid by you for access to or use of the Site during the three (3) months prior to the date of any claim. Nothing in these Terms shall limit NearbyVR's liability in any claim for fraud or fraudulent misrepresentation. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site
13. Applicable Law and Venue
PLEASE NOTE: This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. The Site is controlled by VRN and operated from its offices in Hamburg, Germany. You and NearbyVR both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and NearbyVR explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of Hamburg and the federal laws applicable therein. Except where prohibited by applicable law, any claim, dispute or controversy arising out of or relating to these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this or any prior Agreement; (3) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (4) claims that may arise after the termination of this Agreement. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Hamburg, Germany, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify NearbyVR and the other Released Parties for your failure to comply with any such laws
14. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, NearbyVR reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NearbyVR as a result of this Agreement or use of the Site. NearbyVR’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of NearbyVR's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NearbyVR with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. If a court of competent jurisdiction determines that any provision of these Terms is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms. NearbyVR may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of NearbyVR, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and NearbyVR regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and NearbyVR regarding your use of the Site. The section titles in these Terms are for convenience only and have no legal or contractual effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be written in English.
16. Questions and Comments
If you have any questions regarding these Terms or your use of the Site, please contact us here: VR Nerds GmbH., firstname.lastname@example.org