DO XR Terms of Use

Effective Date: April 3, 2026

1. Introduction and Acceptance of Terms

These DO XR Terms of Use (the "XR Terms") govern your access to and use of DO XR application ("DO XR"), a virtual reality application made available via the Meta Quest Store for Meta Quest devices.

By downloading, installing, accessing, or using DO XR, you acknowledge that you have read, understood, and agree to be bound by these XR Terms. If you do not agree, you must not access or use DO XR.

These XR Terms constitute a legally binding agreement between you ("User," "you," or "your") and Digital Original ("Digital Original," "we," "us," or "our") governing your access to and use of DO XR application and related XR features and environments.

2. Description of DO XR

DO XR is a virtual reality application that enables Users to view and interact with digital content and digital collectibles (the "Collectibles") in immersive environments, as well as to experience curated collections, virtual exhibition spaces, and other interactive XR experiences made available by Digital Original.

DO XR forms part of the broader Digital Original ecosystem and operates in connection with Digital Original's website, applications, and related services through which Collectibles and associated functionality are made available to users (the "Platform").

DO XR is a non-transactional application and does not facilitate or process the purchase, sale, or transfer of Collectibles, nor does it provide custody, storage, or control over any Collectibles or related assets. Any acquisition, ownership, transfer, or other dealings in Collectibles occur outside of DO XR and are governed by the Terms of Service applicable to the Digital Original platform (the "Platform Terms").

Your use of DO XR is subject to these XR Terms, as well as the Platform Terms, which regulate, among other things, the availability, use, and management of Collectibles and related functionality. The Platform Terms are incorporated into these XR Terms by reference.

These XR Terms apply specifically to DO XR and operate in conjunction with the Platform Terms. In the event of any inconsistency, these XR Terms shall prevail with respect to DO XR, and the Platform Terms shall prevail with respect to all other aspects of the Platform, Collectibles, and related functionality.

3. Eligibility

To access and use DO XR, you must:

  1. be at least eighteen (18) years of age; and
  2. not be prohibited from accessing or using DO XR under applicable laws or regulations.

If a higher minimum age is required under applicable law in your jurisdiction, you must meet such a requirement.

4. User Accounts and Platform Dependencies

4.1 DO XR requires you:

  1. To have a valid Meta Account;
  2. To have a compatible Meta Quest device;
  3. To comply with Meta's terms, policies, and safety requirements.

Additionally, you may need a stable internet connection for certain features and should regularly update your virtual reality software and drivers to maintain compatibility and optimal performance.

4.2 Digital Original does not operate or control Meta's hardware, software, platform infrastructure, or account systems.

4.3 Digital Original is not responsible for:

  1. Meta Account suspensions or restrictions;
  2. Meta content moderation or enforcement decisions;
  3. device incompatibility;
  4. firmware or operating system updates;
  5. Meta Quest Store distribution decisions;
  6. third-party service interruptions;
  7. connectivity failures.

User avatars, nicknames, and identity representations displayed in DO XR are automatically sourced from the Meta platform and are not created or controlled by the Digital Original.

4.4 If DO XR becomes unavailable due to Meta platform actions or technical changes, Digital Original shall have no liability for resulting loss of access.

5. Access Model: Public and Private Rooms

5.1 Public Rooms and Capacity Limits. DO XR may include public virtual rooms that are subject to user capacity limits. Digital Original does not guarantee availability of access to any public room and shall not be liable if you are unable to access or use a public room due to such capacity limits being reached or exceeded.

5.2 Avatars and Usernames in Public Environments. DO XR may display your Meta avatar and Meta nickname within public virtual environments, and such avatars and nicknames may be visible to other users. By entering or participating in any public room or public environment, you acknowledge and consent to the display of your Meta avatar and Meta nickname to other users within DO XR.

5.3 Private Rooms. Where such functionality is made available, you may create private virtual rooms and generate access codes for such rooms ("Room Codes"). By creating a private room and inviting other users to it, you acknowledge and agree that your Meta avatar and Meta nickname may be displayed to and visible by invited participants within such a private room.

You acknowledge and agree that you are solely responsible for:

  • (a) the distribution and confidentiality of any Room Codes;
  • (b) the conduct of any participants invited to or granted access to your private room; and
  • (c) any unauthorized access to your private room resulting from the sharing, disclosure, or misuse of a Room Code.

Digital Original shall not be liable for any loss, damage, or claims arising out of or related to the use, distribution, or unauthorized disclosure of Room Codes.

5.4 Room Management and Platform Controls. Digital Original may, at its sole discretion:

  1. impose or modify room capacity limits;
  2. remove users from rooms;
  3. suspend room access;
  4. terminate private rooms;
  5. alter or discontinue room functionality.

6. Digital Collectibles

6.1 Governance of Collectibles. All Collectibles are governed by the terms and conditions applicable to the Platform Terms.

DO XR does not create, issue, sell, transfer, or otherwise control Collectibles. Any rights, interests, or entitlements associated with Collectibles, including their availability, acquisition, use, and transfer, are determined solely under the Platform Terms and any applicable third-party terms.

6.2 Display Functionality Only. DO XR provides a visual and interactive environment in which Collectibles may be displayed for informational purposes only.

The display, visualization, or interaction with any Collectible within DO XR:

  1. does not constitute or evidence ownership;
  2. does not grant or modify any rights in or to such Collectible; and
  3. does not affect the legal or contractual status of such Collectible under the Platform Terms.

You acknowledge that you do not rely on any representation or display within DO XR for determining the value, authenticity, or characteristics of any Collectible.

6.3 Curation and Availability. Digital Original shall have the unrestricted, sole, and absolute discretion to select, curate, organize, arrange, promote, display, prioritize, deprioritize, modify, or otherwise present any Collectibles within DO XR. Digital Original is under no obligation to include, maintain, prioritize, or continue displaying any specific Collectible in DO XR.

Collectibles available on the Digital Original Platform may be displayed within DO XR curated collections, public rooms, or private rooms.

Digital Original reserves the right to remove or restrict content in DO XR at any time, with or without notice.

7. Intellectual Property Rights and Licenses

7.1 DO XR Ownership; Proprietary Rights. DO XR, including all virtual environments, immersive layouts, spatial arrangements, exhibition formats, software, and related features is owned and operated by Digital Original and/or its licensors.

Except for Collectibles and any User Content, all elements of DO XR, including, without limitation, visual interfaces, graphics, design elements, environments, data, compilations, software (in both source and object code), and all other content and materials made available by Digital Original (collectively, the "Digital Original Materials"), are protected by intellectual property and other applicable laws and are owned by Digital Original and/or its licensors.

You agree not to take any action inconsistent with such ownership rights. All rights in and to DO XR and Digital Original Materials are reserved by Digital Original and its licensors, including all rights to create derivative works.

Digital Original Materials may not be copied, reproduced, distributed, displayed, imitated, or otherwise used, in whole or in part, without prior written consent from Digital Original, except as expressly permitted under these XR Terms.

You may not modify, remove, obscure, or alter any proprietary rights notices (including copyright, trademark, or other notices) contained within DO XR.

"Digital Original" and associated logos are trademarks of Digital Original. All other trademarks, service marks, and logos used within DO XR are the property of their respective owners and may not be used without appropriate authorization.

Reference to any third-party products, services, or entities within DO XR does not constitute or imply endorsement, sponsorship, or recommendation by Digital Original.

7.2 Limited License. Subject to your complete and ongoing compliance with these XR Terms and the Platform Terms, Digital Original grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) download, install and use one object code copy of the downloadable application associated with DO XR obtained from the Meta Quest Store on a VR equipment that you own, control or possess; and (b) access and use DO XR. All rights not expressly granted in these XR Terms and the Platform Terms are reserved by Digital Original.

Except as expressly permitted under these XR Terms, you agree not to:

  • reproduce, distribute, publicly display, or publicly perform any part of DO XR;
  • modify, adapt, translate, or create derivative works based on DO XR;
  • interfere with, disable, or circumvent any functionality, security, or access control mechanism of DO XR; or
  • use DO XR to develop or support any competing product or service.

If you are prohibited from using DO XR under applicable law, you must not use it.

7.3 Feedback. Digital Original may, at its discretion, invite or accept feedback, comments, or suggestions regarding DO XR (the "Feedback").

By submitting any Feedback, you acknowledge and agree that:

  • such Feedback is provided voluntarily and without expectation of compensation;
  • Digital Original is free to use, disclose, reproduce, modify, adapt, and otherwise exploit such Feedback for any purpose, without restriction; and
  • you grant Digital Original a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up license to use and incorporate such Feedback into DO XR or any other products or services.

For the avoidance of doubt, to the maximum extent permitted by applicable law, all developments, improvements, features, functionality, inventions, works of authorship, discoveries, or other results conceived, created, developed, or derived by or on behalf of Digital Original, whether directly or indirectly, from or in connection with any Feedback, shall be and remain the sole and exclusive property of Digital Original, including all associated intellectual property rights.

8. User Content and Content Moderation

8.1 User Content Generally. DO XR may enable you to communicate, interact with other users, and participate in virtual environments through avatars, usernames, messages, voice interactions, and other interactive features (collectively, "User Content").

User Content also includes any content, data, or material created, transmitted, displayed, performed, or otherwise made available by a user within DO XR, whether in real time or otherwise, as well as any Collectibles and associated media, descriptive data, or visual representations made available to you through the Digital Original Platform and displayed within DO XR.

For clarity, Collectibles are governed by the Platform Terms and are made available within DO XR for display and interaction purposes only.

You retain any rights you may hold in your User Content, subject to the rights and licenses granted under the Platform Terms and these XR Terms.

8.2 License Grant to Digital Original. By making User Content available within DO XR, including by displaying Collectibles or interacting within XR environments, you grant Digital Original a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid license (with the right to sublicense) to:

  • host, store, display, perform, reproduce, and transmit your User Content;
  • adapt, format, and modify such User Content as necessary for display within XR environments;
  • incorporate such User Content into virtual environments, curated experiences, and promotional materials; and
  • make such User Content available across DO XR and related services, including immersive and interactive environments.

You acknowledge that this license is necessary for the operation, promotion, and improvement of DO XR and related services.

Without limiting the foregoing, Digital Original may continue to display and use Collectibles and their associated media and descriptive data within DO XR and the Platform, including in curated environments, historical records, and promotional materials, regardless of any transfer or change in ownership, unless otherwise required by applicable law.

8.3 Interaction with Other Users. To the extent that you make User Content available to other users within DO XR, you grant such users a limited, non-exclusive right to access and interact with such User Content solely as enabled by the functionality of DO XR and subject to these XR Terms.

8.4 No Upload or Creation of Collectibles in DO XR. DO XR does not independently provide functionality for creating or uploading Collectibles. Any such Collectible must be created or made available through the Platform and is governed by the Platform Terms.

8.5 User Representations and Warranties. You represent and warrant that:

  • you own or have all necessary rights, licenses, consents, and permissions to make your User Content available within DO XR;
  • your User Content does not and will not infringe, misappropriate, or violate any third-party rights, including intellectual property, privacy, or publicity rights;
  • your User Content complies with applicable laws, these XR Terms, and any applicable third-party platform policies; and
  • your User Content is not unlawful, harmful, abusive, defamatory, obscene, or otherwise objectionable.

You are solely responsible for your User Content and any consequences arising from its use or display within DO XR.

8.6 Content Standards and Prohibited Content. Without limiting the foregoing, you agree that your User Content must not include, promote, or relate to any of the following:

  1. Sexual or exploitative content, including pornography or non-consensual material;
  2. Violence and harm, including excessively graphic violence or content that promotes or facilitates abuse, exploitation, or cruelty;
  3. Hate and discrimination, including content that promotes or incites harm or exclusion based on protected characteristics;
  4. Harassment or threats, including bullying, intimidation, or abusive conduct;
  5. Terrorism and organized harm, including content supporting or representing violent or criminal organizations;
  6. Self-harm, including content promoting suicide, self-harm, or eating disorders;
  7. Fraud or deception, including scams, spam, or misleading conduct;
  8. Illegal or regulated activities, including promotion or facilitation of prohibited goods or services;
  9. Gambling or financial exploitation, including real-money gambling or value extraction mechanisms;
  10. Unauthorized medical or health claims;
  11. Exploitation of sensitive events, including tragedies or crises;
  12. Improper targeting of minors, including content directed at users below the minimum permitted age.

8.7 Content Standards and General Restrictions. You acknowledge and agree that all User Content must comply with these XR Terms, the Platform Terms, and any applicable third-party platform policies.

Digital Original reserves the right, in its sole discretion, to determine whether any User Content or user behavior is inappropriate, non-compliant, or otherwise inconsistent with the intended use of DO XR.

Digital Original may remove, restrict, or disable access to any User Content, or suspend or terminate access to DO XR, at any time and without prior notice, where it reasonably determines that such content or conduct:

  1. violates these XR Terms or the Platform Terms;
  2. infringes the rights of any third party;
  3. poses a risk to user safety, platform integrity, or legal compliance; or
  4. is otherwise objectionable or inconsistent with applicable standards for virtual environments.

Digital Original may apply different moderation standards depending on context, including whether content appears in public or private XR environments, and may take into account applicable third-party platform rules.

8.8 Content Disclaimer and Moderation. Digital Original does not control and is not responsible for User Content made available by users within DO XR.

Digital Original may, but is not obligated to, review, monitor, screen, modify, remove, or restrict access to any User Content at any time and for any reason.

Digital Original makes no representations or warranties regarding the accuracy, legality, quality, or ownership of any User Content and disclaims all liability arising from or related to such content.

You agree to waive any claims against Digital Original arising out of or relating to User Content made available within DO XR.

8.9 Monitoring. Digital Original does not undertake any obligation to monitor User Content or user activity within DO XR. However, Digital Original reserves the right to monitor, record, and analyze interactions and content for operational, safety, compliance, and service improvement purposes.

8.10 Reporting. If you believe that any content on DO XR infringes upon your intellectual property rights, please notify us by email immediately with the following information: (a) identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed; (b) identification of the specific content that is claimed as infringing and information sufficient to permit us to locate that content (providing a URL is the best way to help us locate the content quickly); (c) your contact information – at a minimum, your full legal name (not pseudonym) and email address; (d) a declaration that contains all of the following: (i) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law; (ii) a statement that the information in the notice is accurate; and (iii) a statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed; (e) your physical or electronic signature (of your full legal name). Please note that by submitting a notification as per the above, you agree that Digital Original may provide copies of such notification to the alleged infringer and that the information in such notification is subject to the XR Privacy Policy. In addition, you will be liable for any damages (including costs and attorneys' fees) incurred by Digital Original or the alleged infringer in the event you knowingly and materially misrepresent that any content is infringing (taking into consideration copyright defences (such as fair use) and exceptions). If you are unsure whether content you are reporting is infringing, you should contact an attorney before filing a notification. Digital Original cannot provide you with legal advice as to whether or not you are entitled to file a notification.

9. Acceptable Use and Conduct

9.1 General Standard of Conduct. You agree to use DO XR in a lawful, respectful, and responsible manner. You acknowledge that DO XR operates within a broader virtual ecosystem and may rely on third-party platform standards and policies, including those established by Meta. Accordingly, your use of DO XR must also comply with any applicable third-party codes of conduct, platform rules, and community standards.

9.2 Prohibited Conduct. You agree not to, and not to assist, encourage, or enable any third party to:

  1. Harmful or Abusive Conduct:
    • harass, threaten, intimidate, bully, stalk, or otherwise harm other users;
    • engage in hateful, discriminatory, or degrading behavior based on race, ethnicity, nationality, religion, gender, sexual orientation, disability, or any other protected characteristic;
    • engage in conduct that is abusive, obscene, defamatory, or otherwise objectionable;
    • engage in any form of non-consensual interaction, including unwanted advances or sharing of intimate content without consent;
  2. Safety and Physical Harm:
    • engage in or promote violence, self-harm, suicide, or physical injury;
    • exploit, endanger, or abuse minors in any manner;
    • encourage or coordinate harmful real-world behavior or unsafe use of virtual reality environments;
  3. Deception and Misrepresentation:
    • impersonate any person or entity, or falsely represent your affiliation;
    • create, use, or attempt to use fake, misleading, or unauthorized identities;
    • engage in fraud, scams, or deceptive practices;
    • mislead other users regarding ownership, rights, or characteristics of any content or Collectible;
  4. Privacy and Security Violations:
    • collect, use, disclose, or exploit personal data of other users without authorization;
    • engage in doxing, account compromise, or unauthorized access;
    • share account credentials or facilitate unauthorized account use;
    • introduce malware, viruses, or harmful code into DO XR;
  5. Platform Integrity and Technical Abuse:
    • interfere with, disable, bypass, or circumvent any technical safeguards, access controls, or security features;
    • attempt to reverse engineer, decompile, disassemble, or derive source code of DO XR;
    • disrupt servers, networks, or infrastructure supporting DO XR;
    • exploit bugs, vulnerabilities, or unintended features;
  6. Misuse of XR Features and Rooms:
    • misuse Room Codes or access private rooms without authorization;
    • distribute Room Codes in a manner that enables unauthorized or uncontrolled access;
    • disrupt, overload, or interfere with public or private XR environments;
  7. Content and Commercial Misuse:
    • commercially exploit DO XR or its content without prior written consent;
    • spam users, including repeated unsolicited promotions or requests;
    • distribute or display content that is sexually explicit, excessively violent, or otherwise inappropriate for the context, particularly in public environments;
    • unlawfully promote, sell, or facilitate regulated or prohibited goods or services;
  8. Intellectual Property Violations:
    • upload, display, or use content that infringes intellectual property or proprietary rights of any third party;
  9. Illegal Activity:
    • use DO XR for any unlawful purpose or in violation of applicable laws or regulations.

9.3 Responsibility for Private Rooms. If you create or administer private XR environments, you are responsible for:

  • enforcing appropriate conduct within such environments;
  • managing access and participation; and
  • ensuring that invited participants comply with these XR Terms.

Digital Original reserves the right, but has no obligation, to intervene in private environments.

9.4 Enforcement and Moderation. Digital Original may, at its sole discretion and without prior notice:

  • remove or restrict access to content or XR environments;
  • remove users from rooms;
  • suspend or terminate access to DO XR;
  • limit functionality or features available to a user;
  • take any other action it deems appropriate to enforce these XR Terms or maintain the integrity and safety of DO XR.

Where applicable, enforcement actions may also be influenced by or coordinated with third-party platform providers.

Digital Original does not undertake any obligation to monitor user activity within DO XR but reserves the right to do so for operational, safety, or compliance purposes.

9.5 Compliance with Third-Party Standards. You acknowledge and agree that failure to comply with applicable third-party platform rules (including Meta's policies) may result in independent enforcement actions by such platforms, including account restrictions or loss of access, for which Digital Original bears no responsibility.

9.6 Reporting Violations. Digital Original provides mechanisms that allow users to report conduct, content, or behavior within DO XR that may violate these XR Terms or applicable codes of conduct, including a reporting form available through the application or related services.

You may also report such issues by contacting Digital Original via email at [email protected].

Digital Original may review and act upon such reports at its sole discretion and does not guarantee any specific outcome or response time, unless otherwise required by applicable law.

10. Privacy and Data Handling

Your use of DO XR is subject also to the DO XR Privacy Policy, which forms an integral part of the legal framework applicable to the application and is hereby incorporated by reference into these XR Terms.

11. Health and Safety; Assumption of Risk

When using DO XR, it is essential for you to prioritize health and safety. You are fully responsible for ensuring that your environment is safe and conducive to virtual reality usage. This includes establishing a clear and hazard-free area, ideally a dedicated space, where movement can be made safely without risk of health injury or property damage. You should adhere to the safety instructions provided by your virtual reality equipment manufacturer, particularly regarding physical space requirements and the use of safety straps or other protective measures.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Digital Original and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, affiliates, agents, representatives, predecessors (collectively, the "Digital Original Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, DO XR; (2) your violation of these XR Terms, any representation, warranty, or other agreements referenced in these XR Terms, or any applicable law or regulation; (3) your negligence or wilful misconduct; (4) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (5) any dispute or issue between you and any other users, you and any third party; or (6) any Feedback you provide. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

13. Disclaimer of Warranties

DIGITAL ORIGINAL XR, ALL DIGITAL ORIGINAL MATERIALS AND ANY CONTENT (INCLUDING USER CONTENT, COLLECTIBLES) AVAILABLE THROUGH DIGITAL ORIGINAL XR ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. DIGITAL ORIGINAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO DIGITAL ORIGINAL XR, ALL DIGITAL ORIGINAL MATERIALS AND ANY CONTENT AVAILABLE THROUGH DIGITAL ORIGINAL XR, INCLUDING:

  1. ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND
  2. ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

DIGITAL ORIGINAL DOES NOT WARRANT THAT DIGITAL ORIGINAL XR OR ANY PORTION OF IT, OR ANY DIGITAL ORIGINAL MATERIALS, OR ANY CONTENT AVAILABLE THROUGH DIGITAL ORIGINAL XR, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DIGITAL ORIGINAL DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

DIGITAL ORIGINAL DOES NOT CONTROL META'S PLATFORM OR SERVICES AND DISCLAIMS ANY WARRANTY ARISING FROM OR RELATING TO META SERVICES. YOU ACKNOWLEDGE THAT VIRTUAL REALITY EXPERIENCES MAY INVOLVE RISKS, INCLUDING PHYSICAL DISCOMFORT, INJURY, OR PROPERTY DAMAGE, AND YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF DIGITAL ORIGINAL XR.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGITAL ORIGINAL XR, DIGITAL ORIGINAL, DIGITAL ORIGINAL ENTITIES, ANY DIGITAL ORIGINAL MATERIALS OR ANY CONTENT AVAILABLE THROUGH DIGITAL ORIGINAL XR WILL CREATE ANY WARRANTY REGARDING DIGITAL ORIGINAL, ANY OF DIGITAL ORIGINAL ENTITIES OR DIGITAL ORIGINAL XR THAT IS NOT EXPRESSLY STATED IN THESE XR TERMS AND THE PLATFORM TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE DIGITAL ORIGINAL XR OR ANY PORTION OF IT AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING DEVICES USED IN CONNECTION WITH DIGITAL ORIGINAL XR), ANY LOSS OF DATA, INCLUDING USER CONTENT, RESULTING FROM YOUR USE OF DIGITAL ORIGINAL XR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITAL ORIGINAL OR THE DIGITAL ORIGINAL ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, DIGITAL ORIGINAL XR, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, DIGITAL ORIGINAL AND THE DIGITAL ORIGINAL ENTITIES SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO:

  • third-party platforms, devices, or services (including availability, restrictions, or failures);
  • XR functionality, including access limitations, room features, or content availability;
  • room capacity limits, removal of users from rooms, suspension of access, or termination of private rooms;
  • misuse, disclosure, or unauthorized use of room codes;
  • QR-code functionality or failures;
  • user interactions, communications, or disputes;
  • any User Content or its accuracy, legality, or ownership;
  • the display or availability of any Collectibles, or any matters relating to Collectibles, which are governed by the Platform Terms;
  • unauthorized access, security incidents, or technical failures;
  • any VR-related effects or incidents, including motion sickness, disorientation, personal injury, or property damage.

DO XR is a display and interaction environment only. Digital Original does not act as a seller, buyer, broker, or intermediary in any transaction relating to Collectibles.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF DIGITAL ORIGINAL AND THE DIGITAL ORIGINAL ENTITIES ARISING OUT OF OR RELATING TO THESE XR TERMS OR DIGITAL ORIGINAL XR EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Term and Termination

15.1 Term. These XR Terms commence upon your acceptance of these XR Terms or your first access to or use of DO XR, whichever occurs earlier, and will remain in effect until terminated in accordance with this Section.

15.2 Termination. If you violate any provision of these XR Terms or the Platform Terms, your right to access and use DO XR may be terminated.

In addition, Digital Original may, at its sole discretion, suspend, restrict, or terminate your access to DO XR, in whole or in part, at any time and for any reason or no reason, with or without notice.

You may discontinue your use of DO XR at any time.

15.3 Effect of Termination. Upon termination of these XR Terms or your access to DO XR:

  • all rights and licenses granted to you under these XR Terms will immediately terminate;
  • you must immediately cease all access to and use of DO XR;
  • you will no longer be authorized to access XR environments or related features.

Any provisions of these XR Terms that by their nature should survive termination shall survive, including, without limitation, provisions relating to intellectual property, user content, disclaimers, limitation of liability, and governing law.

16. Miscellaneous

16.1 General Terms. These XR Terms, together with any incorporated terms and policies, constitute the entire agreement governing your use of DO XR. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these XR Terms, or any provision of these XR Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Throughout these XR Terms the use of the word "including" means "including but not limited to."

16.2 Modification of Terms. We may, from time to time, change these XR Terms. Please check these XR Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept the modified XR Terms in order to continue to use DO XR. If you do not agree to the modified XR Terms, then you should remove your User Content and discontinue your use of DO XR. It is your sole responsibility to review the XR Terms and understand modifications to these XR Terms as they may be updated from time to time.

16.3 Governing Law and Jurisdiction. In the event of a dispute, controversy or claim arising out of or in relation to these XR Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies subject to the terms and conditions set forth below. Notwithstanding the foregoing and subject to the terms and conditions set forth below, either party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law. Should an amicable settlement between parties not be possible, then any dispute, controversy or claim arising out of or in relation to these XR Terms shall be governed by and construed in accordance with the laws of the State of Delaware, and the courts of the State of Delaware shall have exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not be applied to these XR Terms.

16.4 Headings. The headings and captions contained in these XR Terms are for convenience of reference only, will not be deemed to be a part of these XR Terms and will not be referred to in connection with the construction or interpretation of these XR Terms.

16.5 Successors and Assigns. These XR Terms will inure to the benefit of Digital Original, you, and the respective permitted successors, permitted assigns, permitted transferees and permitted delegates of each, and will be binding upon all of the foregoing persons and any person who may otherwise succeed to any right, obligation or liability under these XR Terms by operation of law or otherwise. You will not assign any of your rights or delegate any of your liabilities or obligations under these XR Terms to any other person without Digital Original's advance written consent. Digital Original may freely assign, transfer or delegate its rights, obligations and liabilities under these XR Terms to the maximum extent permitted by applicable law.

16.6 Severability. In the event that any provision of these XR Terms, or the application of any such provision to any person or set of circumstances, will be determined by an arbitrator or court of competent jurisdiction to be invalid, unlawful, void or unenforceable to any extent: (a) the remainder of these XR Terms, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, will not be impaired or otherwise affected and will continue to be valid and enforceable to the fullest extent permitted by law; and (b) Digital Original will have the right to modify these XR Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consumed as originally contemplated to the fullest extent possible.

16.7 Force Majeure. Digital Original will not incur any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder or in connection with the matters contemplated hereby by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the unavailability, disruption or malfunction of DO XR, Internet, the World Wide Web or any other electronic network, or hack, or denial-of-service or other attack on the foregoing or any aspect thereof, or on the other software, networks and infrastructure that enables Digital Original to provide DO XR), it being understood that Digital Original will use commercially reasonable efforts, consistent with accepted practices in the industries in which Digital Original operates, as applicable, to resume performance as soon as reasonably practicable under the circumstances.

16.8 Contact. If you have any questions, please contact us by email at: [email protected].