Kinbona Limited (“we”, “us” or “our”) offers a virtual reality (VR) hardware and software products and operates a platform under the Blync brand on which users can download, interact with and submit content and obtain services related to, or in connection with our VR products. These terms of service will apply to you and govern your use of Blync Products. You agree that the Kinbona Limited terms of service and Blync Store Terms will apply to your purchases and downloads from the Blync Store as of the effective date of those terms. By accepting these terms of services or using our Blync Products with a Blync account, you understand that this is a legally binding document and agree to be bound by the terms and conditions herein. If you do not agree to these terms of services, please do not use our Blync Products. We reserve the right to change or modify these terms at any time and at our discretion and provide you notice of it. Your continued use of our product will confirm your acceptance of our revised terms.
Our mission is to enable people ride their bikes in VR. To advance this mission, we offer a variety of physical goods, applications, software, platform services and websites that allow you to access and immerse yourself in VR worlds. To enable you access these products and services and personalise your experience, we collect and use your personal data such as the connections you make, the choices and controls you select and the things you share. We also use data we collect to make suggestions for you such as events to attend and people you may want to connect with.
To access and use Blync Products, you may be required to register for an account. And by creating an account, you agree to provide an accurate and complete information required and maintain the security of your password and not share it with any other person, and accept all risks of unauthorised access to your account. Blync Products are intended for users who are 13 years or older. If you are between the ages of 5 and 13, you must use the Blync Products with the supervision of your parent or legal guardian who agrees to be bound by these terms of service. Any registration for or use of Blync Products by anyone under the age of 13 years is unauthorised and unlicensed and breaches these terms. You must not use Blync Products if your rights to use has been suspended or terminated.
Certain equipment and software may be required to access and use Blync Products. You will be required to purchase equipment required to use Blync Products. We may need to automatically update some of the software you obtain through Blync Products or provide you with new software to keep Blync Products functioning properly. This could include new versions, enhanced features, missing plug-ins and bug fixes. We reserve the right to update these products when necessary and to disable your access to or ability to use Blync Products that we believe may present a health and safety risk or violate our terms. We will not incur any liability or responsibility if we choose to remove, disable or delete such access or ability to use any or all parts of Blync Products.
Except as otherwise agreed on, if we give you access to use the software, content, virtual items or other materials owned or licenced by us (Blync Content), we hereby grant you a limited, non-exclusive, non-sublicensable license to access, install and use the Blync Content solely for personal and non-commercial purposes, conditioned on your compliance with these terms. You will not use, copy, adapt, modify, decrypt, disassemble, reverse-engineer, decompile, attempt to derive the source code of, prepare derivative works based on, distribute, license, sell, rent, transfer, transmit, publicly display, publicly perform, stream, broadcast or otherwise exploit the Blync Software, except as expressly permitted by us. Any unauthorised use of Blync Products is strictly prohibited and will terminate the licence granted in these terms. No licences or rights are granted to you by implication or otherwise, except for the licences and rights expressly granted to you. Some contents and applications may be provided by third parties with additional end user agreements. In the event of a conflict of the agreement with the provisions of these terms, these terms will govern. Blync does not accept any responsibility or liability with respect to your access to third party content. If a provider of third-party content violates our policies, we may remove or disable their content and we accept no responsibility or liability for such removal and disabling of the content. You may be charged by your network provider for data services or any third-party charges that may arise while using Blync Products, and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
You may only buy Blync Products for your personal use or as a gift. You may not buy Blync Products for commercial use or resale, although you may use it to develop and test content, software or applications intended to be used with Blync Products. You will be required to provide us with information such as address and billing information when you place an order to buy a product. You warrant that such information is accurate and up to date and we take no responsibility for any inaccurate information and will have no obligation to determine the correct contact or delivery information. You can contact us to update your information if it is inaccurate. When you have placed an order, you may receive a communication confirming your order, but this does not mean your order has been accepted until we confirm acceptance of your order. Any delivery dates or times provided are only estimates and not guarantee that the order will arrive at that date. Nothing in these terms affect your statutory right to reject products that are damaged or defective when received. You may cancel your order at any time before it is dispatched. You have the right within 14 days of receiving the products, to cancel our contract with you and return the products. This right does not extend to any product that has been used, or are stated as non-returnable, including any product that has been personalised or modified with your instructions. The products must be returned in the original packing with proof of purchase, and you will be responsible for the cost of returning the products to us. If the returned products have been used, damaged, or are missing parts, we reserve the right to reduce the amount of refund to take account of the damage, use or missing parts. To cancel your order or return the product, you must first inform us of your decision. If you cancelled your account before the end of a subscription, the balance of the subscription will not be refunded.
By accessing or using our products, you agree that you will not use Blync Products in any manner that could interfere with, disrupt or stop anyone from enjoying Blync Products; access or use the products for any illegal or unauthorised purpose; damage or impair the functionality of the products; use or attempt to use another user’s account without authorisation; modify, adapt, hack or emulate the use of the products; infringe on or violate our rights or rights of third parties and users; circumvent or attempt to circumvent security measures designed to protect the Blync Products; or use or attempt to use an unauthorised means to try to access Blync Products.
Our Blync Products may include interactive features which may allow you to submit, post, upload, publish, transmit or interact with content, including, but not limited to, text, images, photos, videos, sounds, virtual reality environments or features, software and other information and materials (collectively, "User Content"). Except otherwise agreed, we do not claim ownership of to your User Content but if you use any content provided by us, we retain all rights to that content. By submitting User Content through Blync Products, you grant us a worldwide, non-exclusive, transferable, royalty-free and fully sublicensable right to use, copy, display, store, adapt, publicly perform and distribute such User Content. You are responsible for the User Content you make available and warrant that you have the sole and exclusive rights to ownership or have obtained rights and permissions to use the User Content; and that our subsequent use of the User Content will not infringe or violate any third party rights or available laws or regulations.
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We may display age, comfort and content ratings for digital content that are based on information provided to us by the developers of such content. We cannot guarantee that digital content ratings will always be accurate, nor can we promise that you will not find some material harmful, offensive, indecent or objectionable.
Please read and follow all setup and operating instructions provided with your Blync Products, including hardware and software recommendations. There is risk of falling while riding your bike using blync. To reduce the risk of falling, make sure to go through the manual and tutorial. Also ride your bike in slow speed until you master the blync controls and comfortable navigating in the virtual world. Lastly, there is an option to ride blync using your pc so that you can be aware of your environment.
Nothing in this disclaimer will:
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
You agree to defend, indemnify and hold harmless Kinbona Limited and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable lawyers' fees) caused by, arising out of or related to your purchase or use of, or inability to use, Blync Products and; your breach of these terms or any other applicable terms, policies, warnings or instructions provided by Blync or a third party in relation to Blync Products and; your violation of any applicable law or any rights of any third party; or any User Content you provide.
Blync shall have no liability for any loss profits or other consequential, special, punitive, indirect of incidental damages arising out of your use or inability to use the Blync Products, even where Blync has been advised of the possibility of such damages. In no event shall the total liability arising out of the use or inability to use the Blync Product exceed the amount of money paid to us for the use of our products.