Legal
Sense/Net Player terms of service
The agreement between you and Sense/Net when you use the Sense/Net Player. Please read section 14: it requires disputes to be resolved by individual arbitration.
- Last updated
- Applies to
- The Sense/Net Player and every Fullfield title played in it
- Questions
- legal@sensenetstudios.com
1. This agreement
These terms are an agreement between you and Sense/Net Studios LLC (“Sense/Net”, “we” or “us”), a subsidiary of Sense/Net Holdings, Inc., for your use of the Sense/Net Player (the “Player”) and the Fullfield titles you play in it (“titles”). You accept them when you create an account or use the Player. Our privacy policy explains what we do with your information.
Section 14 contains an agreement to resolve disputes by binding individual arbitration and a waiver of class actions. You may opt out of it within 30 days of accepting these terms.
2. Accounts, age and profiles
2.1 You must be 18 or older, and an adult where you live, to hold an account. You may hold one account, and you must give us accurate details and keep them up to date.
2.2 You may add up to five household profiles for members of your household aged 7 or over. Each profile has an age band, which you set and are responsible for, and a profile cannot open a title rated above its band. Fullfield titles are not suitable for children under 7, and no profile may be set up for one.
2.3 We may ask you to confirm your age before you open a title rated 18+. If you do not complete the check, your account will be limited to titles rated 16+ or below. You may appeal a limit by writing to trust@sensenetstudios.com.
2.4 Keep your sign-in details to yourself. You are responsible for what happens under your account, and you must tell us at once if you believe someone else has used it.
3. Certified equipment
Titles play only on headsets and haptic garments certified for Fullfield. Without a certified garment, a title plays with picture, sound and motion only. You are responsible for your equipment, its fit and its condition, and for following its maker’s instructions. A garment that is damaged, or that has been modified, must not be used.
4. Your licence to play titles
4.1 Subject to these terms, we give you a limited, personal, non-exclusive, non-transferable and revocable licence to play titles you have access to, on certified equipment linked to your account, for private viewing by you and the members of your household.
4.2 The licence does not allow public performance, exhibition, broadcast or any commercial use. A screening for an audience, in a classroom or at an event needs a licence from Sense/Net Licensing.
4.3 Titles are licensed, not sold, even when you pay once for a title. Copies kept on a device for offline viewing are encrypted, play only in the Player and expire if the device does not connect for 30 days. All rights not expressly given to you are reserved.
4.4 Most titles have an original cut, which every viewer sees, and an adaptive edition, in which Fullfield Ambient creates the street, crowd and weather afresh for each play. You may switch to the original cut at any time. The performer’s own recording is the same in both.
5. When a title is withdrawn
5.1 Every Fullfield performer may ask at any time for a title they appear in to be withdrawn from public access, and we will withdraw it within 30 days (Consent Standard §5.1). A title may also be withdrawn when our rights in music or a location end, or at the request of a performer’s estate.
5.2 When a title is withdrawn, it can no longer be played, including from a copy kept for offline viewing. If you paid separately for a title that is withdrawn within five years of your purchase, we will refund what you paid or credit your account, as you prefer. If you have a subscription, a withdrawn title stops being part of it. You agree that you have no other claim against us because a title has been withdrawn.
6. Ratings, content warnings and your health
6.1 Every title has an age rating (All ages, 13+, 16+ or 18+) and a motion rating (Gentle, Moderate or Strong), and some carry content warnings for heights, enclosed spaces, deep water, flashing light, animals, a medical setting or a depiction of injury. Ratings and warnings are our guidance. They are not a substitute for your own judgment about what is suitable for you or for the members of your household.
6.2 Fullfield moves your point of view without moving your body, and some viewers feel unwell. Start with Gentle titles. If you feel dizzy, sick, disoriented or distressed, close your eyes; playback pauses when the headset senses that you have. Then take the headset off and rest.
6.3 Do not use the Player without medical advice if you have had a seizure or loss of awareness triggered by flashing light or motion, have a heart condition, are pregnant, or use an implanted medical device; and set garment intensity to off if you have a condition affected by pressure on the skin.
6.4 Never use the Player while driving, operating machinery, cycling, walking near traffic or water, or carrying an infant, or anywhere you could fall or collide with something. Clear the space around you before you start.
6.5 You can report discomfort from the Player. A person reads every report, and titles that draw more reports than their motion rating would lead us to expect are re-rated.
7. Respecting performers and participants
Every title is made from inside a real person’s experience, under consents they gave for that title and nothing else. You agree that you will not:
- record, capture, extract, re-encode, copy or distribute any part of any title, by any means, and in particular the Touch, Breath or Heart tracks, which record a performer’s body;
- use any title, or anything taken from one, to create a likeness of any performer or participant, or to train, test or develop any automated tool, model or system;
- attempt to identify, locate or contact any released extra or crew member who appears in a title, or any person created by Fullfield Ambient, who does not exist;
- harass or threaten any performer, or publish personal information about one.
If you believe you, or someone you know, appear in a title, tell us through the report form and we will check.
8. Other things you may not do
You may not circumvent, disable or interfere with any protection in the Player or the titles; reverse engineer the Player, except as the law permits despite this restriction; use the Player through automated means; share your account outside your household; or use the Player unlawfully.
9. Fees and payment
9.1 Prices for subscriptions, purchases and rentals are shown in the Player before you pay, with any taxes. You authorize us and our payment processor to charge your payment method for them.
9.2 A subscription renews automatically at the end of each period, at the price then in force, until you cancel. You may cancel at any time in the Player’s settings; cancellation takes effect at the end of the current period. We will tell you at least 30 days before a price change applies to you.
9.3 Except as section 5.2 or the law provides, payments are not refundable.
10. Changes to the Player and to these terms
We update the Player from time to time, and we may add, change or remove features. We may change these terms by giving you at least 30 days’ notice in the Player or by email; if you continue to use the Player after a change takes effect, the new terms apply. A change to section 14 does not apply to a dispute of which we had notice before the change.
11. Suspension and closing your account
You may close your account at any time. We may suspend or close it if you break these terms in a serious way, or repeatedly, or if the law requires it, and we will tell you why unless the law prevents us. You may appeal by writing to trust@sensenetstudios.com; a person who did not make the first decision will review it. Sections 4.3, 7, 12, 13, 14 and 15 continue after your account closes.
12. Disclaimers
The Player and titles are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Player will be uninterrupted or free of errors, that any title will remain available, or that any title will be comfortable for you to watch.
13. Limits on our liability
To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of data, profit or goodwill. Our total liability to you for all claims about the Player and titles is limited to the greater of the amount you paid us in the twelve months before the claim arose and one hundred US dollars. Nothing in these terms limits liability for death or personal injury caused by our negligence, or any other liability that cannot be limited by law.
14. Resolving disputes
14.1 Talk to us first. Before starting any formal proceeding, write to Sense/Net Holdings, Inc., Legal Department, 2240 Tessaro Street, Los Angeles, California 90021, or to legal@sensenetstudios.com, describing the dispute and what you want. We will try to resolve it with you within 60 days.
14.2 Arbitration. If we cannot, you and we agree that any dispute arising from these terms, the Player or any title will be resolved by binding arbitration before a single arbitrator, administered by a nationally recognized arbitration provider under its rules for consumer disputes, and not in court. The Federal Arbitration Act governs this section. The arbitration will take place in the county where you live or by video, and we will pay the provider’s filing and arbitrator’s fees beyond what you would pay to file a claim in court.
14.3 No class actions. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class or representative proceeding.
14.4 Exceptions. Either of us may bring an individual claim in small claims court, and either of us may ask a court to stop the infringement or misuse of intellectual property. Disputes between Sense/Net and performers are governed by the performer’s agreement and the Consent Standard, not by this section.
14.5 Opting out. You may opt out of this section by writing to Sense/Net Holdings, Inc., Legal Department, 2240 Tessaro Street, Los Angeles, California 90021, or to legal@sensenetstudios.com, within 30 days of first accepting these terms, giving your name and the email address of your account. Opting out does not affect any other part of these terms.
14.6 These terms are governed by the laws of the State of California, without regard to its rules on conflict of laws. Any matter not subject to arbitration will be heard in the state or federal courts in Los Angeles County.
15. General
If any part of these terms cannot be enforced, the rest remains in force. If we do not enforce a term, we have not waived it. You may not transfer these terms; we may transfer them to a company that takes over the Player. These terms, with the privacy policy, are the whole agreement between you and us about the Player. Notices to you may be given in the Player or by email; notices to us go to Sense/Net Holdings, Inc., Legal Department, 2240 Tessaro Street, Los Angeles, California 90021.