Coco VR Terms of Use

Last Updated: Nov 1, 2017

Walt Disney Pictures ("we", "us" "our") is pleased to introduce you to the Coco VR Application and its virtual reality content that includes audio and visual works and data ("Coco VR App"). PLEASE READ THESE COCO VR TERMS OF USE CAREFULLY BEFORE USING THE COCO VR APP.

1. These Coco VR Terms of Use. These Coco VR Terms of Use are a contract between you and Walt Disney Pictures or one of its related companies (collectively, "Disney"). You must read and agree to these terms before accessing and using the Coco VR App. You agree to these Coco VR Terms of Use by your use of any aspect of the Coco VR App. If you do not agree, you may not use or access the Coco VR App. These Coco VR Terms of Use incorporate The Walt Disney Company Terms of Use ("TWDC Terms of Use") and your agreement to these Coco VR Terms of Use constitutes your agreement to the TWDC Terms of Use. For purposes of interpreting the TWDC Terms of Use in the connection with the Coco VR App. If any provision in these Coco VR Terms of Use conflicts with any provision in the TWDC Terms of Use, the conflicting provision in these Coco VR Terms of Use will control. Capitalized terms used but not defined herein shall have the meanings provided in the TWDC Terms of Use. We reserve the right to modify any of the Coco VR Terms of Use at any time, with or without notice, even though such changes may affect your use of the Coco VR App. If you do not agree to any change to these Coco VR Terms of Use, you should discontinue your use of the Coco VR App. You are solely responsible for remaining knowledgeable as to any changes that we may make to these Coco VR Terms of Use.

2. License Grant. Within the Territory (defined below in  Section 7) only, Disney grants you a limited, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable license to (a) download, install and use the Coco VR App on a personal, noncommercial use basis, on a Performance Computer (defined below in Section 3) and (b) download, install and use software that updates, modifies or changes the Coco VR App (the "Updates" which are deemed part of the Coco VR App when released). This is a license agreement and not an agreement for sale or assignment.

3. Optimization. To optimize your enjoyment of the Coco VR App, we suggest that you familiarize yourself with the applicable system requirements, virtual reality headsets, high performance computers ("Performance Computers") and other VR support devices as well as any descriptions about the optimal viewing environment for the Coco VR that may be displayed at the site where you downloaded the Coco VR App.

4. Coco VR App. Your installation and use of any Updates or modifications to, or replacement versions of, the Coco VR App demonstrates your acceptance of any and all such Updates and your agreement that the Updates are covered by these Coco VR Terms of Use. Disney reserves the right, at its sole discretion, to change, modify, add to, or delete any elements comprising the Coco VR App. You acknowledge that the Coco VR App may require administration from Disney and may be discontinued at any time at the sole discretion of Disney. Accordingly, if Disney changes or discontinues any part of such administration of the Coco VR App, you acknowledge that you may no longer be able to access the Cocor VR App to the same extent, or at all, as prior to such change or discontinuation. In no event will Disney be liable in any way for the discontinuation of, or any Updates to, the Coco VR App or the removal of or disabling access to portions of the Coco VR App.

5. Restrictions. You may not circumvent or disable any content protection system or digital rights management software or other security technology that is associated with the Coco VR App or which controls access to and delivery of the Coco VR App. Except to the extent otherwise expressly allowed elsewhere in these Coco VR Terms of Use, you may not edit, modify, translate, create derivative works or adaptations of, decompile, re-sell, copy, rent, lease, reproduce, reverse engineer, disassemble or otherwise reduce to a human-readable form the Coco VR App. You agree that you will not (a) duplicate or otherwise reproduce the Coco VR App, or any portion thereof, onto any physical medium, memory or device including but not limited to CDs, DVDs, VCDs or any other such device or medium now known or hereinafter devised except to on a Performance Computer as authorized hereunder; (b) use the Coco VR App to violate any legal rights of any third party, including any publicity or privacy right, copyright or other intellectual property right; or (c) counterfeit or paste any content from the Coco VR App to any web site or web page except through functionality that may be offered through the Coco VR App. The rights granted in these Coco VR Terms of Use do not transfer to you any commercial or promotional use rights in the Coco VR App. Without limiting the above, except as allowed by law or as clearly indicated in writing by Disney, the Coco VR App may not be reproduced, displayed, exhibited or performed in whole or in part in or at public places. Click here for open source notices and any additional terms.

6. Age Requirements. Access to the Coco VR App is not intended for those users who are under 13 years. If you are under the age of 13, your use of the Coco VR App is unauthorized, unlicensed and in violation of these Coco VR Terms of Use. If you are between the ages of 13 and the legal age of majority in the State in which you reside, your use of the Coco VR App must be under the supervision of your parent or legal guardian who agrees to be bound by these Coco VR Terms of Use.

7. Territory. The Coco VR App is only available for use by consumers residing in the territories in which it was downloaded from the authorized distributor (the "Territory").

8. Warnings: Before using the Coco VR App, please read the health and safety warnings that are accessible by clicking here.

9. Customer Support. For Customer Support assistance, please send an email to Support@DisneyMoviesVR.com.

10. Unavailability. The Coco VR App may not be available: (a) during any maintenance or update periods, any power or server outages; (b) as a result of war, riots, strikes, social unrest; or (c) as a result of other matters beyond our control.

11. Intellectual Property. Excluding any applicable open source components, the Coco VR App, including the copyrights, patents, trademarks and any other applicable intellectual property rights in the Coco VR App, are owned by Disney and/or its licensors, and are protected by the copyright laws of the United States and other countries all over the world, as well as other intellectual property laws and treaties. The Coco VR App is valuable intellectual property and may contain confidential information of Disney and/or its licensors. Except for the limited license provided herein, Disney and Disney’s licensors do not transfer any title, right or interest to or in the Coco VR App to you. You may not remove, alter or in any way tamper with or remove any copyright notices or other proprietary markings included with the Coco VR App. Any copying, access, transfer or use of the Coco VR App other than as expressly authorized herein shall constitute an act of copyright infringement and a breach of these Coco VR Terms of Use. In such case, Disney may, at its sole discretion, terminate these Coco VR Terms of Use and pursue any other available rights or remedies at law or equity.

12. Export Restrictions. You acknowledge that the Coco VR App is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Coco VR App, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

13. Trademarks. You acquire no right under these Coco VR Terms of Use to use the names "Buena Vista", "The Walt Disney Company", "Disney", "Pixar:, "Marvel", "Lucasfilm", "ABC" or "ESPN" (either alone or in conjunction with or as part of any other word or name) or any fanciful characters, designs, trademarks, trade names or copyrighted works of The Walt Disney Company or any of its affiliates, its related content or otherwise associated therein. Other trademarks, service marks, graphics and logos used in connection with the Coco VR App may be trademarks of Disney or their respective owners and you are granted no right or license with respect to any of the aforementioned trademarks or any use of such trademarks.

14. Third Party Software. The Coco VR App was created using Unity 2017. Portions of this application © 2005 – 2017 Unity Technologies.

15. Termination. We may immediately terminate these Coco VR Terms of Use with you without notice if you fail to comply with any term of these Coco VR Terms of Use. If these Coco VR Terms of Use are terminated, you should immediately discontinue use and access of the Coco VR App.

16. Privacy. These Coco VR Terms of Use incorporate The Walt Disney Company Privacy Policy and your agreement to these Coco VR Terms of Use constitutes your agreement to The Walt Disney Company Privacy Policy.

17. Fees and Internet Connection. In order to download the Coco VR App you must have Internet access. You are solely responsible for determining and paying any fees, charges or taxes in connection with your use of the Coco VR App including, without limitation, those imposed by any Internet service provider, carrier or governmental entity.

18. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. THE COCO VR APP IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DISNEY, ITS AFFILIATES, LICENSORS, AGENTS AND SERVICE PROVIDERS (THE "DISNEY PARTIES") EACH EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE DISNEY PARTIES DO NOT WARRANT THAT THE COCO VR APP WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISNEY PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE COCO VR APP WILL MEET YOUR REQUIREMENTS. YOU AND NOT THE DISNEY PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE COCO VR APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE DISNEY PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE COCO VR APP HOWEVER CAUSED. THE LIABILITY LIMITATIONS IN THIS PARAGRAPH APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) AND EVEN IF THE DISNEY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

19. Binding Arbitration and Class Action Waiver. You agree to the terms in Section 6 of the TWDC Terms of Use that cover binding arbitration and class action waiver.

20. Choice of Forum. You agree that any action at law or in equity arising out of or relating to these terms or the use of the Coco VR App that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

21. Choice of Law. These terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.

22. Enforcement & Disputes. Disney reserves the right to take steps Disney believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Coco VR Terms of Use. You agree that Disney has the right, without liability to you, to disclose any information to law enforcement authorities, government officials, or a third party that Disney believes is reasonably necessary or appropriate to enforce or verify compliance with any part of these Coco VR Terms of Use.

23. Miscellaneous. These Coco VR Terms of Use (and other terms specifically referenced herein) constitute the entire agreement between Disney and you and governs your use of the Coco VR App, superseding any prior agreement, other communications or advertising with respect to the Coco VR App. If any part of these Coco VR Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. Disney’s failure to enforce any right or provision in these Coco VR Terms of Use will not constitute a waiver of such provision, or any other provision of these Coco VR Terms of Use. Additionally, you agree to comply with all applicable third party terms of agreement when using the Coco VR App.

24. Survivals. The terms of Sections 6, 7, 11, 13, 16, 18, 19, 20, 21, 22, 23 and 24 shall survive the termination of these Coco VR Terms of Use.

© 2017 Disney

© 2017 Pixar

YOU MAY ALWAYS READ THESE COCO VR TERMS OF USE BY GOING TO THE SITE WHERE YOU DOWNLOAD THE COCO VR APP.