Last Revised: June 13, 2022
These Terms apply to your access to and use of the websites, developer portals, forums, customer resources and similar online services available at magicleap.com or our related online properties that link to these Terms (collectively, the "Sites").
The Sites are operated by Magic Leap, Inc. ("Magic Leap" or "we"). We are a company registered in Delaware, U.S.A. with our registered office at 7500 W. Sunrise Blvd., Plantation, Florida U.S.A. To contact us, please email firstname.lastname@example.org.
These Terms are a binding agreement between you and Magic Leap, Inc. ("Magic Leap" or "we"). If you are an individual using the Site on behalf of an entity, you represent and warrant that you have the legal authority to bind such entity to these Terms and that such entity agrees to be responsible to Magic Leap in the event you violate these Terms. Except for the prior sentence, when we say "you," throughout these Terms, we mean you as an individual and such legal entity. If you are accepting these Terms on behalf of an entity, you agree that such entity is responsible for the acts and omissions of its employees and contractors who access and use the Site in furtherance of their relationship with such entity.
These Terms do not alter the terms or conditions of any other license or agreement that you may have with Magic Leap, such as the software license agreement governing use of our augmented reality devices or any related operating system software, software development kits (SDKs) and developer tools or similar technology. Any such licenses will be separately presented to you for review and acceptance at the point of download, installation or first use of such products and services. Please visit magicleap.com/legal for more information and copies of such terms.
The Magic Leap 2 Software License Agreement governs the download, installation and use of software for use on and with the Magic Leap 2 device.
Magic Leap reserves the right to change these Terms from time to time. If Magic Leap makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the date at the top of these Terms. Unless we say otherwise, the amended Terms will be effective immediately and your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination of your account or right to use the Sites.
3. Ownership of the Materials
Unless otherwise indicated on our Sites, the Sites and all content and other materials on the Sites – including, without limitation, Magic Leap's name, trademarks, logos, taglines, product names, and service names, and all product documentation, learning resources, customer care articles, artwork, designs, text, graphics, pictures, information, data, software, sound files, page headers, button icons, scripts and other files, and the selection, arrangement, and "look and feel" thereof (collectively, the "Site Materials") are the property of Magic Leap or its licensors and are protected by U.S. and international trademark, trade dress, copyright, patent and other intellectual property and unfair competition laws. In particular, Magic Leap's name, trademarks, logos, taglines, product names, and service names are registered and unregistered trademarks of Magic Leap, Inc. All such rights are reserved.
4. Use of the Site and Site Materials
Magic Leap grants you the right to access and use the Site Materials in accordance with these Terms and solely for the following approved purposes: (i) for informational purposes solely to learn about Magic Leap and its products and services, (ii) to purchase products or services sold by Magic Leap through the Sites, and (iii) to support your development of applications that run on Magic Leap's augmented reality devices and leverage Magic Leap's products and services.You may not do (attempt to do), or allow a third party to do, any of the following: (a) use or interfere with the Sites in a way that could interfere with, disrupt, or negatively affect others or our ability to provide the Sites or Site Materials; (b) use our Sites or Site Materials for any illegal or unauthorized purpose; (c) use any technology or other means not authorized by us to access our Sites or Site Materials, or to extract data; (d) attempt to gain unauthorized access to any part of the Sites, including by trying to circumvent any restrictions; (e) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, modify, copy, distribute, publicly perform, publicly display or create derivative works of the Sites, any functionality included within the Sites or the Site Materials, or the source code of the software used to provide the Sites or any functionality included within the Sites (except as and only to the extent permitted by applicable law); (f) introduce into the Sites, or the functionality included within the Sites, any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, hack into, or perform unauthorized actions on a computer system; (g) use our Sites or the functionality included within the Sites in excess of any applicable technical or capacity limitations; (h) remove or alter any proprietary notices or labels on or in the Sites or the Site Materials; (i) infringe upon or violate the rights of Magic Leap, our licensors, other users, or any third party; or (j) use the Sites or the Site Materials other than for their intended purpose.Any use of the Sites or the Site Materials other than as specifically authorized herein, without Magic Leap's prior written permission in each instance, is strictly prohibited. Any unauthorized use of the Sites or Site Materials may violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or elsewhere on the Sites, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
5. Account Creation
In order to access and use certain areas or features of our Sites, you may need to register for an account. You must be at least 18 years of age or older to access, use or register for an account on the Sites. By registering for an account, you agree to (a) provide accurate, current and complete information to Magic Leap; (b) maintain and update your account information if it changes; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) notify Magic Leap if you suspect any unauthorized use of your account. We also reserve the right to suspend, disable or terminate your account if in our reasonable opinion you have failed to comply with any of these Terms.We reserve the right to reject, reclaim or recycle user names or IDs (e.g. if a trademark owner complains that your chosen user name is confusingly similar to its trademark and does not closely relate to your actual name). If Magic Leap disables your account, you will not create a new account without our prior written consent.Our Sites may include functionality that enables you to interact with others, including using chat or forum features. You are responsible for your interactions with others through our Sites. When using these interactive features on our Sites, you agree not to post, transmit, upload or otherwise publish any materials that (a) are abusive, obscene, invasive of privacy or publicity rights, pornographic, offensive or threatening; (b) violate any intellectual property or proprietary right of a third party; (c) are illegal or encourages illegal behavior; (d) impersonates a person or entity or misrepresents your affiliation with an organization; (e) is off-topic or constitutes unsolicited promotions, political campaigning, advertising or spam; (f)contains a virus or harmful component; and/or (g) is otherwise harmful or may expose Magic Leap or its users to liability. You may not use interactive features of our Sites to create, receive, maintain or transmit data that is sensitive or regulated, such as protected health information (defined by applicable law) or other sensitive data controlled by similar legal frameworks.
6. Rules for Interactive Features
Although Magic Leap may (from time-to-time) monitor or review interactive portions of our Sites, we are under no obligation to do so. This Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. Magic Leap is not responsible for any liability incurred as the result of your interactions with others or your use of content provided by other users of our Sites. The information and these materials have not been verified or approved by us and any views expressed on the Sites by other users do not represent Magic Leap's views or values. Your use of any content provided by other users, and any interactions with others, is at your own risk. We may remove content from our Site which in our opinion violates these Terms. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
7. Content You Post to Interactive Features
You may only upload or submit content to interactive portions of our Sites if you own or control such posted content or otherwise have the right to share it on the Sites in accordance with these Terms. Content posted to interactive portions of our Sites is not confidential. You retain all of your ownership rights in your content, however, by posting any content on the Sites, you grant Magic Leap and its subsidiaries and affiliates a royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publicly display, publicly perform, store and distribute any content you upload or submit in order for Magic Leap to operate, provide and facilitate the interactive features of our Site. If you remove or delete your content from our Site (to the extent enabled by our functionality) we will use reasonable efforts to remove it from public view on the Sites. Magic Leap has no responsibility to back up or secure your posted content.
If you provide Magic Leap with questions, comments, suggestions, ideas, or other feedback regarding our products and services, you grant Magic Leap all rights to use and exploit such feedback for any purpose, including to incorporate such feedback within its products and services, without providing payment or any other consideration. Feedback you provide may be treated as nonconfidential by Magic Leap.
9. Third-party Materials
Magic Leap may make available through our Sites certain third party content, run third parties' advertisements or promotions on the Sites, or otherwise provide information about third party content, products or services on the Sites (collectively, "Third-Party Materials"). Your use of Third-Party Materials may be subject to additional terms and conditions of the third party. You acknowledge and agree that your use of any Third Party Materials is at your own risk and that Magic Leap is not responsible or liable in any manner for any such Third Party Materials, or for any loss or damage you may incur as the result of your use of such Third Party Materials.Our Sites may also contain links or provide access to other web sites or other online services operated by third parties. Those third-party services are not under our control, and we are not responsible for the content on any third-party service or any link contained in a third-party service. We provide these links only as a convenience and we do not have any obligation to review, approve, monitor, endorse, move, remove, warrant, or make any representations with respect to third-party services.
10. Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAGIC LEAP IS PROVIDING THE SITES AND THE SITE MATERIALS ON AN "AS IS" BASIS FOR USE AT YOUR OWN RISK. MAGIC LEAP DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES AND THE SITE MATERIALS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY. MAGIC LEAP DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. MAGIC LEAP ALSO MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ANY OF MAGIC LEAP'S LICENSORS.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL MAGIC LEAP AND ITS SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES OR AGENTS (INDIVIDUALLY AND COLLECTIVELY, THE "MAGIC LEAP PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, UNDER ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, FOR ANY CAUSE OF ACTION, LEGAL CLAIM, OR OTHER DISPUTE BETWEEN YOU AND A MAGIC LEAP PARTY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM MAGIC LEAP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MAGIC LEAP'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MAGIC LEAP PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE SITE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MAGIC LEAP FOR ACCESS TO OR USE OF THE SITES.THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAGIC LEAP AND YOU. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY FOR ANY DAMAGES CAUSED BY A MAGIC LEAP PARTY'S FRAUD, FRAUDULENT MISREPRESENTATION, INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Magic Leap Parties from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of the Sites; (b) any materials you have posted, transmitted, uploaded or otherwise published to the Sites (including Claims that such materials violate third party intellectual property rights or privacy rights); (c) your violation of these Terms; or (d) your fraud or fraudulent misrepresentation, intentional misconduct or gross negligence. You agree to promptly notify Magic Leap of any third-party Claims, cooperate with Magic Leap Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Magic Leap Parties will have control of the defense or settlement, at Magic Leap's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Magic Leap or the other Magic Leap Parties.
13. Intellectual Property Complaints
In accordance with the Digital Millennium Copyright Act of the United States ("DMCA") and similar applicable laws of other jurisdictions, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others or post other content that violates these Terms and applicable law. If you believe that anything on our Sites infringes any copyright that you own or control or would like to bring a similar issue to our attention, you may notify our Designated Agent as follows:
Designated Agent: Anastasia Lang
Address: Magic Leap, Inc., Attn: DMCA Agent, 7500 W. Sunrise Boulevard, Plantation, Florida 33322
E-Mail Address: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification under the DMCA. Similar provisions under other applicable laws may also require you to provide a detailed notice to Magic Leap. Also, please note that if you knowingly misrepresent that any activity or material on our Sites is infringing, you may be liable to Magic Leap for certain costs and damages.
Disputes, differences, controversies, and claims arising out of or related to these Terms ("Disputes") shall, except as otherwise stated in this Section 14, be settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce ("ICC") by three (3) arbitrators. Either party may submit a Dispute to arbitration if a period of sixty (60) days has expired since the Dispute first arose between the parties, during which time the parties will attempt in good faith to resolve the Dispute amicably. The arbitration provisions herein, however, shall not preclude either party from (a) petitioning any court of competent jurisdiction or any government agency or entity with competent jurisdiction for temporary injunctive or other emergency relief or (b)seeking to confirm or enforce any arbitral award in any court of competent jurisdiction. Magic Leap and you will each select one arbitrator, and the two arbitrators so selected will select a third arbitrator. The decision of the majority of the three arbitrators will be binding and conclusive. Such decision will be written and will be supported by written findings of fact and conclusions which will set forth the award, judgment, decree or order awarded by the arbitrators. Any award issued hereunder shall be final, binding and fully enforceable, and judgment on the award, judgment, decree or order rendered by the arbitrators may be entered in any court of competent jurisdiction. The place of arbitration shall be in Santa Clara County, California, USA. The language to be used in the arbitral proceedings shall be English. In any arbitration hereunder, the prevailing party will be entitled to recover (in addition to any other relief awarded or granted) its reasonable costs and expenses, including attorneys' fees, incurred in the proceeding. The fees of each arbitrator and the administrative fee of the ICC will be borne equally by both parties. You may opt-out of this arbitration provision by delivering written notice to Magic Leap via email at firstname.lastname@example.org (or to the address set forth below) within 30 days after first becoming subject to this provision; all other provisions of these Terms will continue to apply to you.
15. Governing Law and Venue; Dispute Resolution
These Terms will be governed by the laws of the State of California interpreted, construed and enforced in all respects in accordance with the laws of the State of California without reference to its choice of law principles to the contrary. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Agreement. For any Dispute not subject to arbitration under Section 14, each party hereby consents to the exclusive jurisdiction and venue of the state and federal courts located in the Santa Clara County, California.
Magic Leap reserves the right, without notice and in its sole discretion, to terminate, suspend or disable your access to the Sites or the Site Materials if Magic Leap reasonably believes you are violating these Terms. Magic Leap also reserves the right, at any time, to terminate, modify, suspend, or discontinue the Sites or the Site Materials, or any portion thereof. You agree that Magic Leap will not be liable to you or to any third party for any termination, modification, suspension, or discontinuance of the Sites, the Site Materials, or any portion thereof.
You (a) consent to receive communications from us about your account in an electronic form, whether via email or posting on our Sites or other reasonable means; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications must be in writing. If you have any questions about this, please reach out to email@example.com.
19. Other Important Terms
You agree you will comply with all applicable laws in connection with your access to and use of the Sites and the Site Materials. You shall not, without prior U.S. government authorization, export, re-export, or transfer the Sites, the Site Materials or any other Magic Leap products, services or technology, either directly or indirectly, in violation of such applicable laws and regulations. You may not transfer, assign or delegate, by operation of law or otherwise, these Terms or your rights or obligations under it without Magic Leap's prior written consent, and any attempted assignment or delegation in violation of the forgoing is void. These Terms binds any permitted successors or assigns, and you must present these Terms to any permitted assignee. You acknowledge that Magic Leap has the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations under these Terms. Magic Leap's delay or failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by Magic Leap will have effect unless such waiver is in writing, and signed by Magic Leap. No waiver of any breach or default in one instance will constitute a waiver of any subsequent breach or default. If, for any reason, a court of competent jurisdiction finds any provision of these Terms to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms. The remainder of these Terms will continue in full force and effect to the maximum extent permissible, so as to affect the intent of the parties. These Terms constitute the entire agreement between you and Magic Leap with regard to your use of the Site and the Site Materials and supersedes any prior representation or agreement, oral or written. Notices to Magic Leap under this Agreement should be directed to Magic Leap, Inc. Attn: General Counsel, 7500 W. Sunrise Blvd., Plantation, Florida 33322 with electronic copy to firstname.lastname@example.org.
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.