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Welcome to XR Media Viewer!

Introduction

Thank you for using the XR Media Viewer platform (XR Media Viewer apps and 360XR.live) and the products, services and features we make available to you as part of the platform (collectively, the “Service”).

Our Service

The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small.

Your Service Provider

The entity providing the Service is CS Platinum LLC, a company operating under the laws of Texas, located in Texas, USA (referred to as “XR Media Viewer”, “we”, “us”, or “our”).

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement or do not accept any part of it, then you may not use the Service.

Who may use the Service?

Age Requirements

You must be at least 16 years old to use the Service. However, XR Media Viewer includes content suitable for viewing for children of any age.

Permission by Parent or Guardian

If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

Businesses

If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

Your Use of the Service

Content on the Service

The content on the Service includes videos, audio, graphics, photos, text (such as comments and descriptions), branding (including trade names, trademarks, service marks, or logos), interactive features, and other materials whether provided by you, XR Media Viewer or a third-party (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Service. XR Media Viewer is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Acceptable Use Policy or the law, you can report it to us.

XR Media Viewer Accounts, Channels & public Content

You can use parts of the Service, such as browsing and searching for Content, without having a XR Media Viewer account. However, you do need a XR Media Viewer account to use some features. With a XR Media Viewer account, you may be able to like videos, subscribe to channels, create your own XR Media Viewer channel, and more.

Creating a XR Media Viewer account will give you access to additional features and functions, such as uploading and sharing pictures and videos, making comments, and creating playlists.

To protect your XR Media Viewer account, keep your password confidential. You should not reuse your XR Media Viewer account password on third-party applications.

Hosting Plans

Plan Types: We offer free (Basic) accounts and paid plans that allow you to upload and share multimedia (pictures, photos, graphic art, animation, video) content. You may purchase a plan online. Professional content creators and VIPs can work with XR Media Viewer and execute an customized agreement. Advertised prices and features may change.

Basic (Free) Accounts: Basic (Free) members may submit content up to the memory storage maximum limit for Basic users. Users that wish to remain on the free tier must remove and replace content as needed to remain below the maximum allowed storage limits of the free tier.

Self-Serve (paid) Accounts: XR Media Viewer utilizes a tiered pricing schedule based on the amount of memory storage needed above the free user threshold. Tiers and pricing are subject to change.

Fees: You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for bandwidth usage.

Free Trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Refund Policy: Subject to the terms hereof, Self-Serve subscribers who purchase plans directly from XR Media Viewer may cancel and receive a pro-rated refund of their initial purchase within thirty (30) days after purchasing an annual plan and five (5) days after purchasing a monthly plan. Our refund policy does not apply to:

Fees other than annual or monthly hosting and subscription fees;

Requests made after the specified periods;

Customers who have breached this Agreement or whose accounts were terminated for copyright issues;

Customers who joined using a promotion that expressly disclaimed our refund policy;

Enterprise Plan customers;
In-app purchases;
Attempted abuse of the refund policy;
Customers who have initiated a chargeback dispute; Fees charged immediately after a free-trial period ends;

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless cancelled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused storage, bandwidth, and other usage limits do not roll over.

How to Decline Renewal: Self-Serve subscribers may opt out of automatic renewal by changing their account settings. Enterprise plan customers may opt out according to the terms of their Agreement. Any opt-out or notice of non-renewal will not affect the current subscription period. XR Media Viewer may decline renewals.

Lapse Policy: When a subscription ends, the account will, at XR Media Viewer’s option, revert to Basic (free) account status, will be deleted, or may be archived. Any content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving your content. XR Media Viewer shall not be responsible for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require XR Media Viewer to provide any level of post-subscription account status.

Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.

The following restrictions apply to your use of the Service. You are not allowed to:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from XR Media Viewer and, if applicable, the respective rights holders;

2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;

3. access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with XR Media Viewer’s robots.txt file; or (b) with XR Media Viewer’s prior written permission;

4. collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;

5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;

6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them

with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;

7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;

run contests on or through the Service without permission from XR Media Viewer;

use the Service to view or listen to Content other than for personal,

non-commercial use; or

10. use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where XR Media Viewer videos are the main draw for users visiting the webpage).

Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or XR Media Viewer.

Changes to the Service

XR Media Viewer is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we

feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.

Your Content and Conduct

Acceptable Use Policy

XR Media Viewer may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. XR Media Viewer may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.

You may not submit any content that:

Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

Is sexually explicit or promotes a sexual service;

Is defamatory;

Is harassing or abusive;

Contains hateful or discriminatory speech;

Promotes or supports terror or hate groups;

Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;

Exploits or endangers minors;

Depicts or encourages self-harm or suicide;

Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals;

Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;

Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;

Contains false or misleading information about voting;

Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or

Violates any applicable law.

In using our Services, you may not:

Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);

Act in a deceptive manner or impersonate any person or organization; Harass or stalk any person;
Harm or exploit minors;
Distribute “spam” in any form or use misleading metadata;

Collect personal information about others;

Access another’s account without permission;

Use or export any of our services in violation of any U.S. export control laws;

Engage in any unlawful activity;

Embed our video player on or provide links to sites that contain prohibited content;

Cause or encourage others to do any of the above. You will not:

Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;

Submit any malicious program, script, or code;
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage our Services.

Restricted Users

You may not create or maintain an account if you are a member of a terror or hate group. You may not purchase any goods or software services from us if you are (a) located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a terrorist-supporting country; or (b) listed on any U.S. Government list of restricted parties.

Uploading Content

You are able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement , the Acceptable Use Policy, or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, offensive, and illegal content.

By submitting a picture or video and posting it to the public via feature settings, you grant XR Media Viewer permission to:

Stream the video to end users;

Embed the video on third-party websites;

Make the video available for download;

Transcode the video (create compressed versions of your video file that are optimized for streaming); and

Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).

If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this Section, your media includes its title, description, tags, and other metadata.

The license period begins when you submit the video to XR Media Viewer and ends when you or XR Media Viewer delete it; provided that XR Media Viewer may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when XR Media Viewer in good faith believes that it is legally obligated to do so.

Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to XR Media Viewer and other users of the Service, as described below.

License to XR Media Viewer

By providing Content to the Service, you grant to XR Media Viewer a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and XR Media Viewer’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.

License to Other Users

You also grant other users of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that XR Media Viewer may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

Right to Monetize

You grant to XR Media Viewer the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Any payments you may be entitled to receive from XR Media Viewer under any other agreement between you and XR Media Viewer (including for example payments under the XR Media Viewer Partner Program or Channel memberships) will be treated as royalties. If required by law, XR Media Viewer will withhold taxes from such payments.

Removing Your Content

You may remove your Content from the Service at any time. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By XR Media Viewer

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to XR Media Viewer, our users, or third parties, we may remove or take down that Content in

our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for XR Media Viewer or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, XR Media Viewer or our Affiliates.

XR Media Viewer's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.

Account Suspension & Termination

Terminations by You

You may stop using the Service at any time. Follow instructions to delete the Service and remove your XR Media Viewer Account, which involves closing your XR Media Viewer channel and unpublishing your data.

Terminations and Suspensions by XR Media Viewer for Cause

XR Media Viewer may suspend or terminate your access, your XR Media Viewer account, or your XR Media Viewer account’s access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third parties, XR Media Viewer or our Affiliates.

Terminations by XR Media Viewer for Service Changes

XR Media Viewer may terminate your access, or your XR Media Viewer account’s access to all or part of the Service if XR Media Viewer believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by XR Media Viewer unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for XR Media Viewer or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, XR Media Viewer or our Affiliates. Where XR Media Viewer is terminating your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.

Effect of Account Suspension or Termination

If your XR Media Viewer account is terminated or your XR Media Viewer account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your XR Media Viewer account has been terminated in error, you can appeal.

About Software in the Service

Downloadable Software

When the Service requires or includes downloadable software (such as the XR Media Viewer app), you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, XR Media Viewer gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by XR Media Viewer as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by XR Media Viewer, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have XR Media Viewer’s written permission.

Open Source

Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms.

Other Legal Terms

Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND XR Media Viewer DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, XR Media Viewer, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;

2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;

3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE; 4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;

5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;

6. ANY CONTENT WHETHER SUBMITTED BY A USER OR XR Media Viewer, INCLUDING YOUR USE OF CONTENT; AND/OR

7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

XR Media Viewer AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT XR Media Viewer HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO XR Media Viewer, OF THE CLAIM; AND (B) USD $1.00.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless XR Media Viewer, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by XR Media Viewer. XR Media Viewer has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

Disputes, Arbitration, and Choice of Law

If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.

Any disputes relating to this Agreement or your use of our Services will be governed by the laws of the State of Texas and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The arbitration agreement set forth will be governed by the Federal Arbitration Act.

The exclusive means of resolving any Covered Privacy Claim (defined below) shall be BINDING ARBITRATION. The hearing (if any) shall take place in the State of Texas, United States of America. EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY COVERED PRIVACY CLAIM.

Overview: Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and XR Media Viewer are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing. The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Definitions: A “Covered Privacy Claim” means any dispute or claim arising out of or relating to (a) XR Media Viewer’s collection, use, storage, analysis, or transfer of your Personal Information; (b) an alleged breach of our Privacy Policy; (c) an alleged data breach or unauthorized disclosure of data or content; or (d) an allegation that XR Media Viewer failed to comply with any privacy or data security right or obligation. “Personal Information” means any information about you, including your registration information (e.g., email address), payment information, location information, device information, biometric identifiers or information, IP address, and your activities (including viewing and search history), but does not include content that you upload (except to the extent the content contains personal information about you).

About this Agreement

Modifying this Agreement

We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. XR Media Viewer will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

All claims arising out of or relating to these terms or the Service will be governed by Texas law, except Texas’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Texas, USA. You and XR Media Viewer consent to personal jurisdiction in those courts.

Limitation on Legal Action

YOU AND XR Media Viewer AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

End