Terms & Conditions
Terms and Conditions:
These TERMS OF SALE; USE OF THE PRODUCT OR PROTOTYPE; LICENSE; LIMITATIONS (these “Terms”) apply to all offers, sales and purchases of the Cybershoes® virtual reality locomotion system prototype and related items and accessories (the “Product or Prototype”) produced by Cybershoes, Inc. (“by Cybershoes”). References to “us”, “we” or “our” shall be construed to mean the company Cybershoes, Inc. and his affiliates; and references to “you” or “your” shall be construed to mean the purchaser of the Product or Prototype through this site.
Satisfaction guarantee: If you do not like the product, you can return it and get a full refund. But the return shipping is on you. In that case, please send us an email within 30 days after receipt of the product to qualify for the refund and to get the correct return address.
Two Year Limited Warranty: Cybershoes, Inc. provides a replacement or repair service and technical help, depending on the problem you have. Please contact us at firstname.lastname@example.org In some cases, we’ll send you replacement parts and a description how to exchange the part. Consumables like the sole, the soft parts of the bindings, the stickers and the carpet are exempt from the warranty. For business use with frequent usage by alternating users, typically that is arcades and showrooms the warranty is limited to 8 months.
(a) Any prices, quotations and descriptions made or referred to on this Site with respect to the Product are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below).
(b) While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock, immediately available, or available for distribution or delivery in all parts of the Distribution Market (as defined below) when you submit your order. The announced delivery date of the product might be subjected to change. We may reject your order without liability if we are unable to process or fulfill it for any reason. If this is the case, we will refund any prior payment that you have made for that item.
(c) An order submitted by you constitutes an offer by you to us to purchase the Product on these Terms and is subject to our subsequent acceptance.
(d) Prior to such acceptance, an automatic e-mail acknowledgment of your order may be generated. Please note that any such automatic acknowledgment does not constitute a formal acceptance of your order.
(e) Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order and accepting your credit card or other payment for both the Product and shipment of the Product (“Acceptance“). Your order is not complete until payment for the shipment of the Product has been received.
(f) After Acceptance, you may not modify or cancel your order without our prior written consent; however:
(i) we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, and in such event, we will issue you a credit or refund; and (ii) for any “backorders” of the Product (as specifically identified on the Site), you are permitted to cancel your preorder up until such time as the Product has been shipped (the foregoing collectively constitutes our “Cancellation Policy“).
FEEDBACK. Any feedback you provide to Cybershoes, Inc regarding the Product or Prototype, including but not limited to impressions, experiences, ideas, suggestions, and criticisms (the “Feedback”) shall be owned exclusively by Cybershoes, Inc. You hereby assign all right, title, and interest in and to the Feedback to Cybershoes, Inc, and Cybershoes, Inc shall be free to use and incorporate the Feedback into current and future versions of the Product or Prototype and related software and hardware in Cybershoes, Inc’s sole discretion.
CONFIDENTIALITY. You acknowledge that the Product or Prototype contains valuable trade secrets and proprietary information owned by Cybershoes, Inc, and you agree not to reverse engineer any components or disclose such trade secrets as can be found upon opening the Cybershoes® without the advance written consent of Cybershoes, Inc. Furthermore, you agree to take reasonable measures to safeguard the confidentiality of Cybershoes, Inc’s trade secrets. (“no photos from the inside of the shoes”)
INJUNCTION. Because of Cybershoes, Inc would be irreparably damaged if these Terms and Conditions were not specifically enforced, you agree that Cybershoes, Inc shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches hereof, in addition to such other remedies as Cybershoes, Inc may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold Cybershoes, Inc, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses, including attorneys’ fees (“Claims”) relating to your use of the Product or Prototype, your breach of these Terms and Conditions, or any third party claims relating to your development of interactive software applications for use with the headset, if any.
LIMITATION OF LIABILITY. Cybershoes, Inc’S LIABILITY SHALL BE LIMITED TO THE PRICE YOU ACTUALLY PAID TO Cybershoes, Inc FOR THE PRODUCT OR PROTOTYPE OR TO REPLACEMENT OF THE PRODUCT OR PROTOTYPE, AND YOU WILL NOT BE ENTITLED TO ANY OTHER REMEDY REGARDLESS OF YOUR CLAIM. IN NO EVENT WILL Cybershoes, Inc BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR POSSESSION, USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR PROTOTYPE, INCLUDING WITHOUT LIMITATION DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF PROFITS OR REVENUE, ATTORNEYS’ FEES, DOWN-TIME COSTS, LOSS OF USE OF EQUIPMENT, OR ANY OTHER CLAIM WHETHER IN NEGLIGENCE, STRICT LIABILITY, OR OTHER PRODUCT OR PROTOTYPE LIABILITY THEORIES. THESE LIMITATIONS ON LIABILITY SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Cybershoes, Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN LIABILITIES SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATION IS SO PROHIBITED. THESE LIMITATIONS OF LIABILITY AND WARRANTY DISCLAIMERS STATED IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND APPLY REGARDLESS OF WHETHER ANY LIMITED REMEDY HEREUNDER FAILS IN ITS ESSENTIAL PURPOSE.
EXPORT CONTROL. You acknowledge that products, prototypes and technical data purchased or received under these terms and conditions may be subject to export control laws and regulations of Austria, the European Union and other countries. You are responsible for compliance with all applicable export control laws and regulations. You represent that you are not purchasing to export, re-export, or transfer indirectly or directly any product or prototype outside of the European Union, without first obtaining proper authorization from the applicable government agencies. You agree to defend and hold Cybershoes, Inc harmless against all claims, damages or liability resulting from breach of the foregoing or other failure to comply with export laws and regulations.
MISCELLANEOUS. These Terms and Conditions represent the complete agreement concerning the Product or Prototype between you and Cybershoes, Inc and supersede all prior agreements and representations between the parties on the subject. These Terms and Conditions may be amended by Cybershoes, Inc. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of these Terms and Conditions shall not be affected. These Terms and Conditions shall be governed by Austrian law (without regard to its choice of law principles) and you consent to the exclusive jurisdiction of the courts in Vienna, Austria.
CERTIFICATION. Complies with the FCC rules.
Read and follow all Health and Safety Warnings.
HEALTH AND SAFETY WARNINGS
Read and follow these Health and Safety Warnings and instructions. When you let other people play on your Cybershoes make sure to warn them, let them read these warnings and always supervise them as they are new to the system and cannot assess the danger properly.
Obvious and less obvious dangers:
Besides the obvious danger (very slippery sole of the Cybershoes), there are less obvious dangers preset as well, e.g.: It is possible to fall over with the chair, respectively to fall off the chair. The use of VR can heavily impact sensations or strongly stress the brain. This may lead to very dangerous situations – especially conjunct with Cybershoes. Read and follow all further Health and Safety Warnings and instructions as well. Use Cybershoes at your own risk.
Don’t walk with the shoes around, don’t stand up. The Cybershoes are very slippery and the risk to stumble or slip or fall is very high. Only wear them while being seated. Make sure there are no dangerous objects around you, meaning when you fall you do not fall onto a sharp edge. Clear all space around you. It is possible to loose balance.
Due to the compact size of the mobile stand (diameter 41cm), it is possible to fall over with the chair, especially while being active in VR. It is also possible to fall off the chair. Do not completely forget yourself and your situation while using Cybershoes. Clear all space around you. When you fall, make sure you fall onto a soft surface.
3rd party bar stools:
Some bar stools come with a very small stand (diameter 38cm). Do not use them. We have tested bar stools with a mid-sized stand (diameter 41cm-45cm) at various conventions and trade shows. They are relatively safe. Out of 4000 users, 3 fell over with the chair. Each time it was a tall and extremely active person.
The barstools that we recommend on our website have a mid-sized stand. We cannot be held responsible for what a vendor sells. Before usage, check if the diameter of the stand is 41cm or more. When following our suggestion on how to modify the bar stool to work better with Cybershoes, you do it at your own risk.
Cybershoes station bar stool aka Cyberchair:
The bar stool included in the Cybershoes Gaming station set does not provide more safety than 3rd party bar stools – but has been optimized and tested for the use with Cybershoes.
Keep in mind playing Cybershoes with VR can be very addictive. Take breaks, be responsible for yourself and others. This device is not for children.
DO NOT USE CYBERSHOES OR A BAR STOOL THAT IS DAMAGED OR HAS PARTS THAT ARE LOOSE.
Note: Changes or modifications not expressly approved by the party responsible for compliance could void the user’s authority to operate the equipment.
By using any of the CYBERSHOES® virtual reality locomotion system (either prototype or product) and related items and accessories you agree to the terms and conditions of usage set forth by Cybershoes, Inc.
TRADEMARKS AND COPYRIGHTS
© 2019 by Cybershoes, Inc.
CYBERSHOES® is a registered European Union Trademark of Cybershoes, Inc.
CYBERSHOES® is a US Trademark registered of Cybershoes, Inc.
CYBERSHOES® is a registered trademark in the People’s Republic of China.
Additional company and product names may be trademarks or registered trademarks of the individual companies and are respectfully acknowledged.
Cybershoes, Inc. reserves the right to make changes in specifications and other information contained in this document without prior notice. Every effort has been made to ensure that the information in this document is accurate.
Not for resale.
Developed in Austria.
Made in Europe.
Ships from the United States.
ABOUT THE MANUAL
No licenses, express or implied, are granted with respect to any of the technology described in this manual. Cybershoes, Inc. retains all intellectual property rights associated with the technology described in this manual. This manual is intended to assist with installing Cybershoes, Inc. products.