TERMS OF USE
Date of last revision: 04/02/2025
THE VIKING CORPORATION (“VIKING”) WELCOMES YOU (THE “USER” OR “YOU”) TO VIRTUAL VIKING (“THE SOFTWARE”). WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE (THE “TERMS”), WHICH CONSTITUTE AN AGREEMENT REGARDING YOUR USE OF THE SOFTWARE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THE META QUEST STORE (THE “META PLATFORM”). BY ACCESSING, VIEWING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS.
DEFINITIONS
In these Terms the following terms have the meanings ascribed next to them:
1.1. “Viking Content” means visual, numeric, graphical, text, code, audio or other data or content, which is displayed or made available through the Software or otherwise by us.
1.2. “User Content” means any data, video, materials or other content uploaded or otherwise submitted in and through the Software by a User.
1.3. “Intellectual Property Rights” means all intellectual property or proprietary rights in any jurisdiction, including e.g. rights in or to patents, registered and unregistered copyrights, software, technology, domain names, trademarks, service marks, designs, and registrations and applications for any of the foregoing, data and documentation thereof, trade secrets and know-how (including but not limited to inventions, development information, specifications, plans, proposals and technical data).
1.4. “Personal Data” means any information relating to an identified or identifiable natural person.
LICENSE GRANT
Subject to these Terms, Viking grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Software for your personal use and access, stream, download, and use the Software, strictly in accordance with these Terms.
USE OF THE SOFTWARE
The Software is provided solely as a download to current users of the Meta Platform, which offers streaming services for online and virtual reality gaming. The Software provides training tools and resources to utilize various Viking products.
The Software may contain features that permit the transmission of User Content to Viking and/or the Meta Platform. User Content must conform with all applicable rules and restrictions as outlined in any applicable Meta Platform terms.
RESTRICTIONS
Except as expressly permitted in these Terms, you may not, and shall not allow any third party to: (i) rent, lease, copy, transfer, resell, sublicense, time-share, or otherwise provide access to the Software to a third party; (ii) publicly disseminate information regarding the performance of the Software (which is deemed Viking’s confidential information); (iii) modify or create a derivative work of the Software or any portion of it; (iv) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Software, except to the extent expressly permitted by applicable law and then only with advance notice to Viking; (v) access the Software for the purpose of building a competitive product or service or copying its features or user interface; (vi) use the Software for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication without Viking’s prior written consent; (vii) remove or obscure any proprietary or other notices contained in the Software, including in any reports or output obtained from the Software (viii) upload, transmit, or submit any viruses, malware, or malicious code, or other harmful materials in and through the Software, or otherwise interfere with the operation of the Software; (ix) use the Software in an unlawful manner or for any unlawful purpose; (x) provide any false or misleading information or any information it does not have the right to provide; or (xi) otherwise violate any of Viking’s published rules, policies, or guidelines.
YOUR RESPONSIBILITY
You represent and warrant that: (i) the User Content you provide is accurate and complete, lawful and non-infringing; (ii) your use or access of the Software will not: (a) infringe on the Intellectual Property Rights of any third party or any rights of publicity or privacy; (b) violate any law, statue, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); (c) create or cause any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Data; (d) create or cause situations or environments where any failure or time delays of, or errors or inaccuracies in, Viking Content, or information on any systems of any third party could lead to death, personal injury, or severe physical or environmental damage; (e) create or cause any damages, corruption, loss, interferences, security intrusions or any failure of any systems in your control, possession, or your business operations, or any systems of any third-party. Viking makes no representation that the materials are appropriate or available for use outside the United States. If you access this Software from outside the United States, you will be responsible for compliance with all local laws.
INTELLECTUAL PROPERTY
Title and full, exclusive ownership rights in the Software (and all parts of either, including Viking Content), and all reproductions, corrections, modifications, enhancements and improvements, and all related Intellectual Property Rights, including data related to your usage of the Software (excluding User Content), are the exclusive property of Viking. You do not obtain any rights in the Software, Viking Content, our technology, or our intellectual property. Any suggestions, recommendations, improvements, inventions and feedback by you or by anyone on your behalf in connection with the Software, are the sole property of Viking, irrespective of the creator.
All Intellectual Property Rights and all other rights, title and interest of any nature in and to User Content are and shall remain your exclusive property. Except as expressly set forth herein, nothing in these Terms shall be construed as transferring any rights, title or interests in User Content to Viking or any third party. You grant to Viking a limited, non-exclusive, non-transferable license to store and use User Content to the extent necessary for us to provide the Software, to perform our obligations, and exercise our rights hereunder.
DISCLAIMER OF WARRANTY
THE SOFTWARE AND VIKING CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SOFTWARE AND/OR VIKING CONTENT WILL MEET A USER’S REQUIREMENTS OR THAT THE VIKING CONTENT IS ACCURATE, COMPLETE, RELIABLE, SECURE, OR UP TO DATE. YOU ASSUME ALL RESPONSIBILITY FOR ACCESSING AND USING THE SOFTWARE AND VIKING CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VIKING HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
VIKING DOES NOT WARRANT THAT THE ACCESS TO AND USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL VULNERABILITIES AND DEFECTS WILL BE DETECTED, OR THAT THE SOFTWARE IS FREE FROM VIRUSES OR OTHER HARMFUL CODE. YOU AGREE THAT VIKING WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
THE VIKING CONTENT AND SOFTWARE VIEWED AND USED THROUGH THE META PLATFORM ARE INTENDED FOR GENERAL REFERENCE ONLY. THE SOFTWARE IS INTENDED ONLY TO ASSIST YOU WITH TRAINING RELATED TO VARIOUS VIKING PRODUCTS, AND IS NOT A SUBSTITUTE FOR YOUR PROFESSIONAL JUDGMENT OR YOUR OWN ANALYSIS, SIMULATION, ESTIMATION, TESTING, AND OTHER ACTIVITIES, INCLUDING JUDGMENT AS TO WHETHER ANY OUTCOME SATISFIES ANY LEGAL OR REGULATORY REQUIREMENTS. PRODUCT DETAILS MAY VARY BASED ON THE SPECIFIC LISTING/APPROVAL AND PRODUCT APPLICATION. WITH ANY TRAINING PROGRAM, PLEASE REFER TO THE MANUFACTURER’S TECHNICAL DOCUMENTATION AND ALWAYS CONSULT WITH THE APPROPRIATE AUTHORITY HAVING JURISDICTION. VIKING MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER FOLLOWING THE SOFTWARE WILL SATISFY ANY LAW, REGULATION, ORDINANCE, RULE OR OTHER REQUIREMENT. FOR VIKING MANUFACTURED PRODUCTS, PLEASE VISIT WWW.VIKINGGROUPINC.COM FOR THE MOST CURRENT TECHNICAL DATA AND PRODUCT SPECIFICATIONS. VIKING RESERVES THE RIGHT TO CHANGE PRODUCT SPECIFICATIONS AT ANY TIME WITHOUT NOTICE AND WITHOUT INCURRING OBLIGATION.
Viking reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Software. Viking may make any other changes to this Software, the Viking Content, and the products, programs, services, or prices (if any) described in this Software at any time without notice.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL VIKING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND REPRESENTATIVES, OTHER THIRD PARTIES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES, RELATED TO OR IN CONNECTION WITH THE SOFTWARE OR VIKING CONTENT MADE AVAILABLE IN OR THROUGH THE SOFTWARE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS, ANY LOSS OF, OR DAMAGE TO DATA, USER CONTENT, REPUTATION, REVENUE OR GOODWILL AND/OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES OR WORK STOPPAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIKING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF VIKING CONTENT, OR THE SOFTWARE, OR ANY DECISION MADE IN RELIANCE ON VIKING CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SOFTWARE. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THE SOFTWARE IS TO DISCONTINUE USING THE SOFTWARE AND RELATED VIKING CONTENT.
THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION SHALL APPLY: (I) EVEN IF VIKING, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Viking, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Software, violation of these Terms, violation of any law or regulation, violation of any agreement you make outside of these Terms with third parties, or violation of any proprietary or privacy right.
PRIVACY
You acknowledge and agree that we may use any Personal Data that we may collect or obtain in connection with the Software in accordance with our Privacy Statement available at https://www.vikinggroupinc.com/privacy.
TERM AND TERMINATION
Without limiting its other remedies, Viking may immediately discontinue, suspend, terminate, or block your and any user’s access to this Software at any time in our sole discretion.
ASSIGNMENT
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Viking, and any attempted assignment without such consent shall be void. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
HYPERLINK DISCLAIMERS
As a convenience to you, the Software may include links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Site you will leave this Software. If you decide to visit any Linked Sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links), and unless operated by Viking, are not maintained, controlled, or otherwise governed by Viking. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Viking. Viking does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. Links do not imply that Viking or the Software sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Viking or any of its affiliates or subsidiaries. Except for links to information authored by Viking, Viking is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any app(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Viking reserves the right to discontinue any link to Linked Site at any time without prior notice.
GOVERNING LAW & JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any conflict of law provisions. With respect to any dispute relating to or arising out of these Terms and/or the Software, the exclusive jurisdiction shall vest with the State and Federal courts located in Kent County, Michigan.
YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between Viking and you with respect to the use of the Software, and it supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and Viking with respect to the Software. Any and all existing agreements between you and Viking that are not related to the use of this Software shall remain in full force and effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO THE TERMS
Viking may revise these Terms at any time and you agree to be bound by the revised Terms. Any such modifications will become effective on the date they are first posted to the Software. It is your responsibility to return to these Terms from time to time to review the most current terms and conditions. Viking does not and will not assume any obligation to notify you of changes to these Terms. You can tell when these Terms have been updated by reviewing the date of last revision at the top of these Terms.
SOFTWARE UPDATES
Viking may revise and update the Software at any time. You agree to be bound by these Terms, or any modifications of these Terms, and agree to use any subsequent updated software in compliance with the terms contained within these Terms.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Software, including but not limited to any consent you give to receive communications from Viking solely through electronic transmission. You agree that when you click or tap an “I agree,” “Allow,” or other similarly worded “button,” link, or entry field with your keystroke, digital touch or other computer feature or device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
CONTACT US
If you have any questions about these Terms or would like to otherwise communicate with us, please e-mail us at [email protected].
Copyright © 2025, Viking Group. All rights reserved.