Last Updated: August 3, 2018
These Terms and Conditions (“Terms”) govern your use of the services, features, software and applications (the Services”) provided on the web sites owned and controlled by Looking Glass Factory Inc. (“Looking Glass Factory” “we” or “us”), including www.lookingglassfactory.com, cubetube.org, and l3dcube.com (the “Sites”), as well as online orders and pre-orders (collectively, “Orders”) of any and all products or services we offer (“Products”). Please read these Terms carefully before submitting an Order for a Product. By submitting an Order or using our Sites (as defined below), applications or software, you agree to be legally bound by these Terms.
For easy reference, below is a summary of some of the key provisions of these Terms. Please note that this is not a full summation of all Terms and it shall not limit or change the full, legally binding Terms that follow the summary.
- By submitting an Order, you are offering to purchase a Product from us. We may reject your offer, for any reason, and refund the Purchase Price (as defined below).
- Specifications for our Products may change from the specifications currently published on our Sites.
- The Product is being sold before it is ready to ship. While we will make every effort to ship in the timeframe described on our purchase page, shipping of the Products may be delayed for unforeseen reasons.
- Any warranty we make available for our Products will be available before we accept your offer to purchase a Product.
- Each Product contains a one (1) year Limited Warranty period, which will begin when the Product is shipped and a shipping confirmation email has been sent to you.
- When you purchase a HoloPlayer One, you understand that HoloPlayer One is intended for indoor use and will not live up to its full glory in sunlight.
- You may cancel your Order and receive a full refund any time before we ship your Order.
- HoloPlayer One is a patent-pending technology owned by Looking Glass Factory, with multiple patents pending worldwide. For all the inventors out there: Patents do not prevent individual non-commercial experimentation and are actually designed to encourage this. If you have any questions about our patent portfolio, please email us.
- Please be aware that these terms contain provisions governing how claims that you and we have against each other are resolved. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
- Any dispute or claim relating in any way to the Sites, Products or Orders will be governed and interpreted by and under the laws of the state of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
Terms & Conditions
- Order and Acceptance. Each Order you submit for a Product constitutes an offer to purchase that Product. Orders are complete when you provide your payment information to us. Completed Orders are subject to Looking Glass Factory’s acceptance and may be rejected at any time prior to shipping and for any reason at Looking Glass Factory’s sole discretion. If Looking Glass Factory rejects your offer, Looking Glass Factory will, as your sole and exclusive remedy and Looking Glass Factory’s sole and exclusive liability, refund the Purchase Price (as defined in Section 3). Looking Glass Factory will send an email to you at the email address provided by you once Products are shipped to indicate whether your Order has been accepted or rejected. If you have any questions, comments, or concerns regarding Looking Glass Factory’s Order acceptance policy, or if you believe that your Order was rejected in error, please contact Looking Glass Factory at [email protected] When you place an Order for a Product, you may be required to provide additional information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Looking Glass Factory shall have no responsibility or liability for inaccurate purchaser information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to shipment of the Product by sending an email to [email protected].
- You must be at least 18 years old to purchase a Product. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are purchasing a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
- You will be charged the purchase price for the Product, including shipping charges and certain taxes (see Section 8), (the “Purchase Price”) at the time you place your Order for a Product. Your placing of the Order constitutes your express agreement for Looking Glass Factory to charge your provided payment method at such time. Payment does not guarantee our acceptance of your Order.
- If you request a refund at any time before we accept your Order, we will refund the Purchase Price. Once we have accepted your Order, the policy in the immediately preceding sentence no longer applies. Instead, Looking Glass’s refund policy and limited warranty (“Limited Warranty”) will apply. The Looking Glass Factory refund policy will be published in these Terms (“Refund Policy”). For further information on Looking Glass Factory’s Limited Warranty, please see Section 14 of these Terms. Once your Order has been accepted, the Order is final, non-cancelable, and nonrefundable, except as specified in these Terms or applicable law.
- After your Order has been accepted, the ordered Products will be shipped to the address you designate as the Shipping Address. Shipments should arrive within ten (10) business days from the date that you receive tracking information. For international shipping, the ordered Products should arrive within fifteen (15) business days from the date you receive tracking information.
- Additional Terms Regarding Pre-Orders, Beta Products and Developer’s Edition Products. If you submit an Order for a Beta Product or Developer’s Edition Product, or otherwise submit an Order for a Product that is not yet publicly released (a “Pre-Order”), you acknowledge and agree to the following additional terms:
a. You represent that the Product you have offered to purchase is for your own use and not for resale.
b. The specifications for Pre-Order Products may change prior to shipping.
c. Your use of Beta or Developer’s Edition Products may be subject to your execution of a separate beta participation agreement.
d. Beta and Developer’s Edition Products are not bug- or error-free, and, to the greatest extent permitted by law, you use them at your own risk.
5. The Products are being sold before they are ready to be shipped. If the ordered Product will not be available to ship by the Estimated Shipment Date, 16 CFR Part 435 rules (the “FTC Rules”) require Looking Glass Factory to offer you the choice of either a refund or to wait until a new expected ship date. See the FTC Rules for full details regarding Looking Glass Factory’s legal obligations http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title16/16cfr435_main_02.tpl. If shipping costs for an accepted Pre-Order are higher than the shipping costs you paid at the time that you placed your Pre-Order, Looking Glass Factory may, in its sole discretion, require you to pay additional shipping fees or to accept a refund of the Purchase Price.
- Transfer of Risk and Title. Risk of loss of the Product passes to you on Looking Glass Factory’s delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are your responsibility.
- All import duties, taxes, and other charges are not included in the Product price or shipping cost. These charges are your responsibility. Please check with your state and country’s customs office to determine what these additional costs will be prior to completing your Order.
- Export Control. You acknowledge that Products may be subject to export control laws and other laws and regulations of the United States and other countries, and that if Looking Glass Factory ships a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Product outside of the United States without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to: (i) an embargoed/terrorist supporting country, including Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the US government; (ii) a person or entity barred by the US Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or (iii) any destination for an end use that is prohibited by applicable law. You will defend and hold Looking Glass Factory harmless against all claims, damages, or liability resulting from breach of the foregoing.
- Use of the Product; Looking Glass Service. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including air quality laws, noise control laws, and other health and safety laws. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. If you do not have sufficient information to determine whether your use of the Product will comply with all applicable laws, regulations, and ordinances, then you should not place an Order for the Product. If you rescind your Order prior to our acceptance of it, we will refund to you the Purchase Price.
- Intellectual Property. The Services, Sites and Products contain content owned or licensed by us (the “Looking Glass Content“). The Looking Glass Content, including but not limited to source code, inventions, hardware, designs, trade names, logos, look-and-feel, trade dress, firmware, software and underlying systems and navigation, is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us, we own and retain all rights in the Looking Glass Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Looking Glass Content, and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Looking Glass Content without our prior written consent. If you provide us information, suggestions or feedback on our Services, Sites or Products, you agree that we are free to use any such information, suggestions or feedback for any purpose whatsoever, including without limitation developing and marketing new products, without any liability or payment to you. Any feedback you provide will be deemed non-confidential and not proprietary to you.
- Online Activity. You agree to the following terms with respect to use of our Sites:
a. We may ask you to create an account to improve your experience on our Sites. You are responsible for any activity that occurs through your account, and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. You agree that you will not create an account for anyone other than yourself.
b. You agree that you will not solicit, collect or use the login credentials of other users.
c. You are responsible for keeping your password secret and secure.
d. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Sites.
e. You may not use the Sites for any illegal, infringing or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Sites, including but not limited to, copyright laws. You may not post content to the Sites that infringes on the rights of any third party.
f. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post or display on or via the Sites.
g. You must not change, modify, adapt or alter the Sites or change, modify or alter another website so as to falsely imply that it is associated with the Sites or Looking Glass Factory.
h. You may not crawl, scrape, cache, reverse-engineer or otherwise attempt to derive the source code of the Sites.
i. You acknowledge that no communication online is 100% secure and you communicate over the Internet at your own risk.
j. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to users.
k. You must not interfere or disrupt the Sites or servers or networks connected to the Sites.
l. You must not create accounts with the Sites through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.You must not attempt to restrict another user from using or enjoying the Sites nor facilitate violations of these Terms.
m. We may terminate your account, any content you post or any service offered on the Sites at any time, without advance notice and without liability to you.
- Reporting Copyright & Other IP Violations. If content you own or have rights to has been posted to the Sites without your permission and you want it removed, please contact [email protected] Your notice to us must include the following information:
a. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed (of if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works);
c. Identification of the material that is claimed to be infringing or the subject of the infringing activity and information reasonably sufficient to allow us to locate the material on the Sites;
d. The name, address, telephone number, and email address of the complaining party;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner of the law; and
f. A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. If your content infringes another person’s US copyright, we will remove it if we receive proper notice under the Digital Millennium Copyright Act, or “DMCA” (see 17 USC s.512(c)(3)). If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Please see http://www.copyright.gov for details.
- Limited Warranty and Disclaimer. Looking Glass Factory provides a one (1) year Limited Warranty on each Product, in which the warranty period begins when the product is shipped and a shipping confirmation email has been sent to you. OTHER THAN AS EXPRESSLY PROVIDED BY LOOKING GLASS FACTORY IN THESE TERMS OR LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND. LOOKING GLASS FACTORY MAKES NO OTHER WARRANTIES ABOUT THE PERFORMANCE OF THE PRODUCTS, SITES OR SERVICES AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGMENT. ANY WARRANTY OR SERVICE FOR ANY PRODUCT NOT MANUFACTURED BY LOOKING GLASS FACTORY, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER AND NOT BY LOOKING GLASS FACTORY.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL LOOKING GLASS FACTORY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THE ORDERS, THE SITES OR THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LOOKING GLASS FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL LOOKING GLASS FACTORY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE HIGHER OF: (A) $100 USD, OR (B) THE AGGREGATE PURCHASE PRICE FOR PRODUCTS YOU PURCHASED, IF ANY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- Force Majeure. Neither party shall be liable to the other for any failure to perform its obligations due to an event beyond the control of such party, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could not have been reasonably foreseen. Any party affected by such event shall inform the other party and use all reasonable endeavors to comply with these Terms.
- Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Whenever these Terms are materially changed, we will notify you by either an email notification or a prominent notice displayed on the Site. You are responsible for keeping your contact information up to date if you wish to receive emailed notices of these changes. If for any reason our notification fails to reach you, our dispatch of that email will nonetheless constitute as effective notice of the changes. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Entire Agreement. These Terms represent the entire agreement governing our Sites and the Order of Products, and any prior or contemporaneous agreements on the same subject matter have no force or effect.
- If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
- Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Looking Glass Factory and limits the manner in which you can seek relief from us.
a. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your Order, the Sites or these Terms, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Looking Glass Factory may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
b. IF YOU AGREE TO ARBITRATION WITH LOOKING GLASS FACTORY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST LOOKING GLASS FACTORY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST LOOKING GLASS FACTORY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
c. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
d. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
e. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Looking Glass Factory. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
f. Waiver of Jury Trial. YOU AND LOOKING GLASS FACTORY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Looking Glass Factory are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
g. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in herein.
h. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Looking Glass Factory Inc., 95 Commercial St. Unit E, Mailbox 6, Brooklyn NY 11222, USA or [email protected], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
i. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
j. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Looking Glass Factory.
k. Notwithstanding any provision in these Terms to the contrary, we agree that if Looking Glass Factory makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Looking Glass Factory.
l. Exclusive Venue. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Looking Glass Factory agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in New York, New York, U.S.A.
- Consent to Electronic Communications. The communications between you and Looking Glass Factory use electronic means, whether you visit our website or send us emails, or whether we post notices on our website or communicate with you via e-mail. For contractual purposes, you (1) consent to receive communications from Looking Glass Factory in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Looking Glass Factory provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Contact Information. Looking Glass Factory Inc. is located at 95 Commercial St. Unit E, Mailbox 6; Brooklyn, NY 11222, USA. You may contact us by sending correspondence to that address or by emailing us at [email protected].