TERMS AND CONDITIONS OF SALE INCLUDING LIMITATIONS OF WARRANTY ORDER PLACEMENT.

All goods and services (collectively, “the Products”) furnished by StrikerVR, Inc. are governed by these Terms and Conditions of Sale including Limitations of Warranty (hereinafter *Terms and Conditions*), including those on the face of the invoice as well as additional provisions listed in the “web site terms of use” located at: https://strikervr.com/policies/terms-of-service. Any provisions of Buyer’s order or other communication in conflict with these Terms and Conditions are expressly rejected.

Stenographic and clerical errors are subject to correction. The invoice is an offer, and Buyer’s acceptance of that offer is expressly limited to Buyer’s acceptance of the Terms and Conditions. No additions or modifications shall be valid unless confirmed in writing by StrikerVR, Inc. STRIKERVR, INC. IS NOT BOUND TO FURNISH ITS GOODS OR SERVICES EXCEPT IN ACCORDANCE WITH THE TERMS AND CONDITIONS.

PRICE / DELIVERY / DELAY.

Unless otherwise provided by StrikerVR, Inc.’s written quotation or agreed by StrikerVR, Inc. and Buyer in writing, price and delivery terms shall be F.O.B. shipping point. Buyer shall be responsible for all costs relating to freight, customs clearance and delivery from the relevant shipping location to the Buyer’s nominated destination. Prices for goods shall be those in effect on the date of invoice unless otherwise provided by our quotation or agreed to in writing by StrikerVR, Inc. If Buyer fails to accept delivery, according to the agreed upon delivery schedule, StrikerVR, Inc. may cancel the remaining balance of the order and Buyer shall be responsible for the prompt return of goods to StrikerVR, Inc. Such cancellation, if elected by StrikerVR, Inc., shall be in addition to, and not in lieu of, any other rights or remedies that StrikerVR, Inc. may have at law or equity. Prices are good for only quantities indicated. If shipment or any other act or condition affecting payment for the goods or any part of them shall be delayed on account of Buyer, payment shall be due as if shipment had been made. A reasonable storage charge may be made and such storage shall be at the risk of Buyer. StrikerVR, Inc. shall not be liable for any direct consequential, special, or incidental losses or damages resulting from its delay in shipment.

PAYMENT / CREDIT / SECURITY.

Payment shall be due upon delivery or as otherwise provided by StrikerVR, Inc. in this invoice. StrikerVR, Inc. shall be entitled to charge interest of 0.5% per month or an annual percentage rate of 18% for payments not made in accordance with the stated or agreed upon terms of payment. Whenever StrikerVR, Inc. in good faith deems itself insecure, it may, without prejudice or waiving any other rights or remedies it may have at law or equity, cancel any outstanding orders with Buyer and/or hold production/shipment of any unfilled orders: modify or revoke its extension of credit to Buyer, and take any other steps permitted by law and necessary or desirable to secure StrikerVR, Inc. with respect to Buyer’s payment for goods and services furnished or to be furnished. Buyer will pay StrikerVR, Inc.’s actual costs of collection, including but not limited to court costs, additional litigation expenses, and reasonable attorney’s fees incurred for collection of any delinquency. Title to the goods shall remain with StrikerVR, Inc. until Buyer receives physical possession of the goods and the goods are fully paid for by the Buyer. Buyer shall have no right of offset against amounts owed to StrikerVR, Inc.

ACCEPTANCE.

Goods furnished or services performed by StrikerVR, Inc. in all events will be deemed to have been accepted within thirty (30) days after receipt of Buyer, unless rightfully rejected within such period by written notice to StrikerVR, Inc., by Certified Mail, Return Receipt requested, setting forth all of the defects upon which the rejection is claimed. Claims for factory damage or shortages shall not be considered unless made in writing within ten (10) days after receipt of the goods or services and accompanied by reference to our bill of lading and invoice numbers. Buyer’s claims for damage or shortage in transit must be filed by Buyer against carrier. Defective products must be returned for inspection and disposition. An RMA (return merchandise authorization) number must be obtained prior to returning any product to StrikerVR, Inc.

LIMITED PRODUCT WARRANTY / REMEDY.

StrikerVR, Inc. warrants that all goods sold by StrikerVR, Inc. will be of the kind and quantities specified in this invoice and are free from defects in title and defective workmanship or material as of the time and place of delivery by StrikerVR, Inc. The sole and exclusive Product Warranty on the Products is copied below as the Limited Warranty & Repair Policy section. Since this is a copy of the Limited Warranty & Repair Policy, you acknowledge it may not contain up-to-date rights and pricing associated with your limited warranty or repair. You further agree that your sole and exclusive remedy arising from any alleged breach of an express or implied Product Warranty will be for repair or replacement of the Products, and that any such claim may only be made within one year of your purchase of the Products, and the terms and conditions for any such claim are set forth under the Limited Warranty & Repair Policy section.

ANY WARRANTY CLAIM MADE UNDER THESE TERMS AND CONDITIONS OR IN ACCORD WITH APPLICABLE LAW SHALL BE VOID AND IS OTHERWISE WAIVED IF: (I) THE PRODUCTS HAVE BEEN MODIFIED, TAMPERED WITH, MISUSED, OR SUBJECTED TO ABNORMAL WORKING CONDITIONS; (II) THE PRODUCTS HAVE PHYSICAL DAMAGE TO THEIR SURFACE; OR (III) THE PRODUCTS MALFUNCTION OR FAILURE RESULTED IN WHOLE OR PART FROM THEIR USE WITH ONE OR MORE OTHER PRODUCTS, SUCH AS, ACCESSORIES, PERIPHERALS, OR ANY THIRD PARTY SOFTWARE OR EQUIPMENT. THESE TERMS AND CONDITIONS ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF FITNESS OR SUITABILITY FOR A PARTICULAR USE OR PURPOSE, BOTH OF WHICH ARE HEREBY WAIVED BY YOU TO THE FULL EXTENT ALLOWED BY LAW.

INDEMNIFICATION.

Buyer shall defend, indemnify and hold StrikerVR, Inc., its owner(s), officers and employees harmless from and against any and all claims, liabilities, loss, costs, damage or expense (including reasonable attorney’s fees) of any kind or nature whatsoever relating to the performance by StrikerVR, Inc. hereunder including without limitation, claims made by Buyer or any third party for property damage or personal injury (including death), whether such claims are premised on contract or tort (including, without limitation, strict liability). This indemnity provision shall not apply where such damage or injury is attributable solely to the negligence of StrikerVR, Inc. or its employees.

WAIVER AND RELEASE OF STRIKERVR, INC. FROM LIABILITY FOR ANY CLAIMS FOR DAMAGES.

You acknowledge that the Products will be subject to upgrades or future releases, which may include changes to their features, operation, specifications, availability, pricing, and packaging. You further acknowledge that the use of the Products could result in damage to your equipment, software, servers, or other devices, which may include system downtime, equipment damage, software errors, or other failures. In addition, the improper use of the Products beyond StrikerVR, Inc.’s recommendations could result in a health hazard or injury, including, but not limited to burns, cuts, punctures, bruises, damage to limbs or joints, and loss of life. IN THAT REGARD, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS THAT YOU MAY HAVE OR THAT MAY ARISE IN THE FUTURE AGAINST STRIKERVR, INC. FOR DAMAGES OR ANY OTHER HARM ARISING OUT OF OR RELATED TO THE PRODUCTS OR ANY OF THEIR COMPONENTS, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE USE, HANDLING, TESTING, EVALUATION, SALE, PURPORTED FAILURE OF, OR DESIGN DEFECT WITHIN THE PRODUCTS OR ANY OF THEIR COMPONENTS. IN ADDITION, YOU HEREBY RELEASE STRIKERVR, INC. FROM ANY AND ALL CLAIMS, KNOWN AND UNKNOWN, THAT YOU MAY HAVE OR THAT MAY ARISE IN THE FUTURE RELATED TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM THE USE, HANDLING, TESTING, EVALUATION, SALE, PURPORTED FAILURE OF, OR DESIGN DEFECT WITHIN THE PRODUCTS OR ANY OF THEIR COMPONENTS.

LIMITATION OF LIABILITY AND INDEMNITY FOR MULTIPLE-PLAYER USE FACILITIES.

YOU ALSO HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STRIKERVR, INC. OF AND FROM ANY AND ALL CURRENT OR FUTURE CLAIMS, INCLUDING CLAIMS AND/OR LIABILITIES FOR BODILY INJURY, PROPERTY DAMAGE, AND ANY OTHER CLAIM OR TYPE OF DAMAGE AND/OR INJURY WHATSOEVER, INCLUDING CLAIMS FOR INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES BY ANY AND ALL PERSONS, FIRMS AND ENTITIES, INCLUDING ANY CLAIMS THAT MAY BE MADE BY ANY EMPLOYEE OF YOU, OR ANYONE ELSE, WHICH RELATE IN ANY WAY TO THE PRODUCTS WHEN THEY ARE DEPLOYED BY YOU OR ANYONE ELSE ON YOUR BEHALF OR AT YOUR REQUEST IN A COMMERCIAL, RETAIL OR GOVERNMENTAL FACILITY WHERE MULTIPLE PLAYERS USE THE PRODUCTS (“MULTI-PLAYER USE”). IN NO EVENT SHALL STRIKERVR, INC.’S LIABILITY TO YOU FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO ANY MULTI-PLAYER USE EXCEED THE PURCHASE PRICE PAID BY YOU TO STRIKERVR, INC.’S FOR THE PRODUCTS.

STRIKERVR, INC.’S OWNERSHIP OF INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION.

You agree not to reverse engineer or attempt to derive the composition or the underlying information of the Products or any of their components and agree not to direct or otherwise assist anyone else in an effort to do so. You agree not to disclose or otherwise deliver the Products or their component parts to a third party without prior written approval from STRIKERVR, INC. or export or re-export Product to any country without obtaining all necessary approvals from STRIKERVR, INC. You acknowledge and agree that STRIKERVR, INC. owns all rights, title, and interests in the STRIKER VR trademark and in any innovations, copyrights, trade secrets, patents, or other proprietary information incorporated in or related to the Products or their components; and you agree not to register, file a patent application, file a trademark application, or otherwise make claims on the underlying technology of the Products or any related intellectual property rights. Further, you agree to maintain in confidence and not disclose to others or use in any manner except in connection with the use or evaluation of the Products any technical or other proprietary details regarding the Products disclosed by STRIKERVR, INC. to you and identified as confidential or proprietary information.

FORCE MAJEURE.

StrikerVR, Inc. will not be liable for any delay in the performance of its obligation under this invoice or for any damages suffered by the Buyer by reason of such delay, when such delay is directly or indirectly caused by or in any manner arises from: fires, floods, accidents; riots; acts of God,; governmental interference; embargoes; strikes; labor difficulties; shortages of labor; fuel; power materials or supplies; transportation delays; any existing or future laws or acts of the Federal or any State government (including specifically, but not exclusively, any others, rules or regulations issued by any official or agency or any such government) affecting the conduct of StrikerVR, Inc.’s business; or any other cause or causes (whether or not similar in nature to any of those specified above) beyond StrikerVR, Inc.’s control, including modifications to the fabricating specifications requested by the Buyer subsequent to commencement of production by StrikerVR, Inc. and shall not pay and shall not be liable for express mailing, telephone, telecopy, telegraph, traveling expenses or similar charges occasioned by non-delivery of goods covered by this provision.

NO WAIVER.

The failure of StrikerVR, Inc., upon knowledge of any default or violation by Buyer of any of the Terms and Conditions of this agreement to enforce its rights or remedies shall not be construed as a waiver of such default or violation, or of any provision hereof, or any of its rights or remedies.

LIMITATION OF LITIGATION / ATTORNEY FEES.

Any controversy or claim of Buyer arising out of or related to this invoice must have accrued within the applicable warranty period, and then be commenced within (1) year after the cause of action has accrued. StrikerVR, Inc. shall be entitled to reimbursement of all costs and expenses, including reasonable attorney’s fees and other litigation expenses, from the Buyer relating to any lawsuit arising from this Agreement in which StrikerVR, Inc. prevails.

EXPORT COMPLIANCE.

Buyer hereby agrees to comply fully with all applicable U.S., E.U., and other National sanctions and export control laws and regulations, including without limitation those regulations maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), Department of State, ITAR Regulations, and the U.S. Commerce Department's, Bureau of Industry and Security. Specifically, Buyer covenants that it shall not -- directly or indirectly -- sell, provide, export, re-export, transfer, divert, loan, lease, consign, or otherwise dispose of any product, services, software, source code, or technology (collectively, "Products") received from StrikerVR, Inc. under this Agreement to any person, entity, or destination, or for any activity or use prohibited by the laws or regulations of the United States without obtaining prior authorization from the competent government authorities, including but not limited to the Dept. of State and/or Dept. of Commerce, as required by those laws and regulations.

ENTIRE AGREEMENT / GOVERNING LAW AND FORM / SEVERABILITY / TERMINATION.

Except as otherwise agreed in writing, this constitutes the entire agreement between StrikerVR, Inc. and Buyer, superseding all prior quotations and understandings, oral or written. All such previous communications are hereby abrogated and withdrawn, and no stipulations, representations, general or trade custom shall alter or vary the terms hereof. Any questions concerning the validity, interpretation, or effect of this Agreement, or interpretations and enforcement of the rights and obligations of the parties hereunder, shall be governed by the laws of the State of Louisiana, and the State Courts of Louisiana shall be the exclusive jurisdiction within which to resolve all such questions, disputes, controversies, or litigation. If any provision hereof is determined invalid under applicable law, such invalidity shall be limited to such provision without invalidating the remainder of the other Terms and Conditions hereof. StrikerVR, Inc. reserves the right to terminate in the event of Buyer’s breach of any provision or any other reason.

MISCELLANEOUS PROVISIONS.

YOU AGREE THAT BY SIGNING THIS ATTACHMENT TO THE INVOICE, ISSUING PAYMENT, OR ISSUING A PURCHASE ORDER BASED ON THE INVOICE, THAT YOU ARE AN AUTHORIZED REPRESENTATIVE, ARE AWARE OF THE TERMS AND CONDITIONS AND AGREE TO BE FULLY BOUND BY THE TERMS AND CONDITIONS IN THEIR ENTIRETY.

LIMITED WARRANTY & REPAIR POLICY

The current version of this Limited Warranty & Repair Policy can be found at: https://strikervr.com/policies/refund-policy. This is a copy of the Limited Warranty & Repair Policy and, as such, may not contain up-to-date rights and pricing associated with your limited warranty or repair.

StrikerVR, Inc. warrants to the original end-user that the product on the face of the Invoice is under limited warranty for a period of one year from the date of purchase. During the limited warranty period, and upon proof of purchase (in the form of product registration, packing slip, or invoice) this product will be repaired or replaced at our option, without charge.

This warranty shall be voided if the Products are modified, tampered with, misused, or subjected to abnormal working conditions. This warranty does not cover physical damage to the surface of this product. This warranty does not apply when the malfunction results from the use of this product in conjunction with accessories, other products, or peripheral equipment.

Repair or replacement as provided under this warranty is the exclusive remedy of the purchaser. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF FITNESS OR SUITABILITY FOR A PARTICULAR USE OR PURPOSE, AND STRIKERVR, INC. SHALL IN NO EVENT BE LIABLE TO PURCHASER FOR INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR CHARACTER. Some states do not allow

the exclusion or limitation or incidental or consequential damages or allow limitations on how long an implied warranty lasts, so the above limitations and exclusions may not apply to you.

ANY USE OF THE PRODUCT(S) FOR PURPOSES OTHER THAN THOSE EXPRESSLY PROMOTED BY STRIKERVR, INC. OR ANY DISASSEMBLY OR MODIFICATION OF THE HARDWARE OR SOFTWARE WILL VOID THIS AND ANY OTHER WARRANTY OR RETURN RIGHTS.

REPAIR POLICY

When StrikerVR, Inc. receives a returned product, it will determine whether the product can be repaired or needs to be replaced. If the product is not covered by the warranty due to misuse, damage caused by the end user and/or is outside the warranty period, it can be subject to the following repair fees:

Web Site Terms of Use

StrikerVR Inc. is a Delaware Corporation doing business for gaming, amusement, and entertainment purposes. StrikerVR Inc. owns all right and title to the “Striker VR” trademark. StrikerVR Inc. will be referred to by its dba & trademark name “Striker VR” or “STRIKER VR” though the remainder of the Web Site Terms of Use and throughout the StrikerVR.com Web site and other agreements, policies, and documents contained on the StrikerVR.com Web site.

Acceptance of Terms

The services that Striker VR provides to you are subject to the following Terms of Use, please read carefully. Striker VR reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Website Terms of Use" hypertext link located at the bottom of our Web pages.

Description of Services

Through its network of Web properties, Striker VR provides you with access to a variety of resources, including developer tools, download areas, communication forums, an online store, and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms of Use.​

Personal and Non-commercial Use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

Privacy and Protection of Personal Information

See the Privacy Policy disclosures relating to the collection and use of your information.

Notice Specific to Software Available on this Web Site

Any software that is made available to download from the Services ("Software") is the copyrighted work of Striker VR and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, STRIKER VR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, STRIKER VR MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. STRIKER VR DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN STRIKER VR SOFTWARE PRODUCTS.

Restricted Rights Legend

Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is STRIKER VR.

Notice Specific to Documents Available on this Web Site

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the StrikerVR.com web sites or any other Striker VR owned, operated, licensed or controlled site. Elements of Striker VR Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Striker VR Web site may be copied or re-transmitted unless expressly permitted by Striker VR.

STRIKER VR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. STRIKER VR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL STRIKER VR AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STRIKER VR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Notices Regarding Software, Documents and Services Available on this Web Site

IN NO EVENT SHALL STRIKER VR AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Striker VR immediately of any unauthorized use of your account or any other breach of security. Striker VR will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Striker VR or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Striker VR server, or the network(s) connected to any Striker VR server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Striker VR server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Use of Services

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

• Harvest or otherwise collect information about others, including e-mail addresses.

• Violate any applicable laws or regulations.

• Create a false identity for the purpose of misleading others.

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

• Striker VR has no obligation to monitor the Communication Services. However, Striker VR reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Striker VR reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Striker VR reserves the right at all times to disclose any information as Striker VR deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Striker VR's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Striker VR does not control or endorse the content, messages or information found in any Communication Services and, therefore, Striker VR specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Striker VR spokespersons, and their views do not necessarily reflect those of Striker VR.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Export Compliance

Striker VR operates an online store where purchases can be made. As such, "Buyer" hereby agrees to comply fully with all applicable U.S., E.U. and other National sanctions and export control laws and regulations, including without limitation those regulations maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), Department of State, ITAR Regulations, and the U.S. Commerce Department's, Bureau of Industry and Security. Specifically, Buyer covenants that it shall not -- directly or indirectly -- sell, provide, export, re-export, transfer, divert, loan, lease, consign, or otherwise dispose of any product, services, software, source code, or technology (collectively, "Products") received from Striker VR under this Agreement to any person, entity, or destination, or for any activity or use prohibited by the laws or regulations of the United States without obtaining prior authorization from the competent government authorities, including but not limited to the Dept. of State and/or Dept. of Commerce, as required by those laws and regulations.

Materials Provided to Striker VR or Posted at any Striker VR Web Site

Striker VR does not claim ownership of the materials you provide to Striker VR (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Striker VR, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses.

No compensation will be paid with respect to the use of your Submission, as provided herein. Striker VR is under no obligation to post or use any Submission you may provide and Striker VR may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Links to Third Party Sites

THE LINKS IN THIS AREA WILL LET YOU LEAVE STRIKER VR's SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF STRIKER VR AND STRIKER VR IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. STRIKER VR IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. STRIKER VR IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY STRIKER VR OF THE SITE.

Unsolicited Idea Submission Policy

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