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The following end user licence terms and conditions (“EULA”) apply to all use of each version and iteration of the Virtex Stadium platform (including the virtual reality technologies, applications, products, software and other materials under the “Virtex” brand) (“Platform”) as made available by Virtex Entertainment Limited and its affiliate companies (“Virtex”). For the avoidance of doubt, the Platform includes the software application itself and any related online or electronic documentation.
PLEASE READ THIS EULA CAREFULLY BEFORE USING THE SOFTWARE, AS IT EXPLAINS HOW YOU ARE LICENSED TO USE THE SOFTWARE. IF YOU HAVE QUERIES CONCERNING THIS EULA YOU MAY CONTACT US HERE (please categorise your message as “Legal”)
1.1. This Platform has been created by and is the property of Virtex. Virtex is also referred to as “us”, “we”, and “our” in this EULA. Our registered office is at 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ. We are a company registered in England, with company number 12603895.
1.2. THE TERMS AND CONDITIONS BELOW, INCLUDING THE COMMUNITY GUIDELINES IN THE SCHEDULE, SET OUT THE AGREEMENT BETWEEN YOU (“you”) AND US FOR THE USE OF THE SOFTWARE SO PLEASE READ THIS CAREFULLY.
1.3. BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA AND THE VIRTEX STADIUM CODE OF CONDUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA AND THE CODE OF CONDUCT YOU SHOULD NOT USE THE SOFTWARE.
2.1. ANY USE, REPRODUCTION OR REDISTRIBUTION OF ANY PART OF THE SOFTWARE EXCEPT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY PROHIBITED.
2.2. THIS EULA LIMITS OUR LIABILITY AS SET OUT IN CLAUSE 14 BELOW.
2.3. IF YOU ARE UNDER THE AGE OF 13 YOU MUST NOT USE THE SOFTWARE.
2.4. IF YOU ARE UNDER THE AGE OF MAJORITY IN THE COUNTRY WHERE YOU LIVE, YOU MUST HAVE A PARENT OR GUARDIAN AGREE TO THIS EULA ON YOUR BEHALF.
2.5. PLEASE READ THE HEALTH & SAFETY NOTICE IN CLAUSE 17 BEFORE YOU USE THE SOFTWARE.
We may link to, incorporate or use third party software and services, such as social networking or sharing features, within the Platform. Use of any such software or services is subject to the applicable terms of those third parties at the relevant time. You agree that you will comply with any such third party terms and conditions when using the Platform.
4.1. By using the Platform, you confirm that: (i) you are the age of majority or older; (ii) you will comply with the Community Guidelines in the Schedule; and (iii) you will comply with the Code of Conduct.
5.1. Unless otherwise expressly specified, all right, title, interest and ownership rights and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other intellectual property rights (together “Intellectual Property Rights”) in the Platform and the Platform content, including but not limited to all text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, events and all other content (“Content”), anywhere in the world belong to us and/or our licensors. All rights are asserted and reserved, save for those granted under this EULA. The Platform or Content may contain licensed materials and you hereby acknowledge that our licensors may act to protect their interests in the event of any breach of this EULA.
5.2. During the term of this EULA, we hereby grant you a non-exclusive, personal, revocable, non-transferable licence to use the Platform and Content on systems or devices which you own or legitimately control and which have the necessary specifications to run and operate the Platform.
5.3. All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation thereto.
5.4. If you are a rights owner (or agent acting for a rights owner) and believe that any Content made available through the Platform infringes your intellectual property rights and you wish us to remove it or suspend/disable access to it, contact us here (please categorise your message as “Legal”) with “Notice & Takedown” in the subject line. In your message you must set out the following information:
5.4.1. details of the content you claim is infringed, together with sufficient information for us to identify the relevant Content within the Platform which you allege infringes your rights;
5.4.2. sufficient contact information (including email address) for us to contact you to discuss your claim; and
5.4.3. a statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; and the information you supply in your notice is true and complete.
7.1. The Platform has been developed to work on the latest version of the operating system and/or browser available at the time of its release. Platform and operating system vendors may from time to time modify or update their software. We may, but shall not be obligated to, update the Platform to ensure that its functionality and performance continue with any such modification or update. You shall ensure that you are using the latest compatible public release of any such operating system or platform. We may require you to update the Platform.
7.2. You will require an internet connection, which you must legitimately procure at your own expense, to use the Platform.
8.1. You will need to set up an account in order to use and access some of the Platform. To set up an account, you will need to register by submitting certain information and choose a username and password.
8.2. You agree, accept and understand that:
8.2.1. you will ensure that information provided to, and held about you by, us is accurate and up to date;
8.2.2. you can amend your registration details at any time either through the Platform or by writing to us here (please categorise your message as “Account”);
8.2.3. you are and shall remain responsible for maintaining the confidentiality of your account credentials; and
8.2.4. you are solely liable for any use of the Platform using your account.
8.3. It is your responsibility to check that the Content viewed via your account is suitable for you or the relevant audience. Certain Content may be inappropriate for certain audiences. The Platform will display certain descriptors for the Content allowing users to make an informed choice as to whether to access the Content. These can be found on the relevant page of our Platform, as updated from time to time (“Suitability Label(s)”). It is your responsibility to ensure that Content is appropriate for you and/or audiences who view Content via your account.
9.1. The Platform may allow you and other users of the Platform to submit content for use in or via the Platform or otherwise by us or third parties (each a “Contribution”). To the extent that such Contributions are permitted by the Platform, you acknowledge that we are involved in the transmission, storage, retrieval, hosting, formatting or translation of such third party communications, without review, selection or alteration of the content of the communication, for which the Platform is a mere conduit. By using the Platform, you agree we have no responsibility to review the content of any Contributions and that all Contributions are made available on the basis that we are not required to and do not exercise any control in respect of their content.
9.2. We shall be entitled to remove, restrict, suspend or alter any user account and/or any Contribution for any reason in our absolute discretion including, without limitation, because the conduct or content associated with such account or Contributions might be unacceptable as described in this EULA, including for the avoidance of doubt the user guidelines in the Schedule to this EULA, and/or as described in the Code of Conduct.
9.3. You agree we may use, publish, edit, modify and adapt the Contributions you make available, post to or transmit through the Platform (“Your Contributions”) for the purpose of providing and marketing the Platform and our products or services to you and others. You hereby grant to us a perpetual, irrevocable, transferable, unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for us to use Your Contributions in that way.
9.4. You hereby agree and undertake that you are entitled to make available, or post to or transmit Your Contributions only to the Platform and will not make available, or post to or transmit to the Platform any statement, material or other Contributions, nor use the Platform in any way, that is in contravention of the user guidelines set out in the Schedule to this EULA and/or of the Code of Conduct.
9.5. You hereby agree and undertake to accurately categorise Your Contributions and ensure that Your Contributions comply with all applicable laws and regulations and, where appropriate, are uploaded with suitable warnings and notices.
9.6. If you discover Contributions which you believe contravene the terms of this EULA and/or the Code of Conduct, please notify us here (please categorise your message as “Legal”).
9.7. In the event that you breach any provision of this EULA and/or the Code of Conduct, we may, at our absolute discretion, suspend or terminate (in whole or in part) your access to the Platform or part thereof.
10. INDEMNITY / COMPENSATION
10.1. You hereby indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (whether direct or indirect and including legal fees) relating to or arising from your use of the Platform (including, for the avoidance of doubt, relating to or arising from Your Contributions) or arising from any breach or suspected breach of this EULA by or directed by you or your violation of any law, regulation, code of conduct or the rights of any third party.
10.2. You further agree that we would suffer irreparable damage if the terms of this EULA were not specifically enforced. Therefore, you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedy with respect to any breach of this EULA, in addition to such other remedies as we might otherwise have available under applicable laws.
11.1. This EULA takes effect upon the earlier of your registration for, or use of, the Platform and remains effective until terminated by either of us. You may terminate this EULA at any time by deleting your account. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA and/or if you fail to comply with the Code of Conduct. Upon termination you shall cease all use of the Platform.
11.2. The following clauses of the EULA shall survive termination: Clause 5 (Ownership), Clause 10 (Indemnity/Compensation), Clause 11 (Term and Termination), Clause 13 (Limitation of Liability) and Clauses 17-22 inclusive (General Provisions).
The Platform is provided “as is”. However, if you need any help and support, please contact us here (please categorise your message as “Technical”) and we shall endeavour to assist you.
13.1. Subject to clause 13.4, we are only responsible to you for foreseeable loss and damage caused directly by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our materially breaching these terms or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
13.3. Nothing in this EULA shall limit your statutory consumer rights.
13.4. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity through your use of the Platform (whether direct or indirect).
13.5. Please back-up content and data used with the Platform. We recommend that you back up any content and data used in connection with the Platform, to protect yourself in case of problems with the Platform.
13.6. Check that the Platform is suitable for you. The Platform has not been developed to meet your individual requirements. Please check that the facilities and functions of the Platform meet your requirements.
13.7. We are not responsible for events outside our control. If the provision of, or our support for, the Platform is prevented or delayed by an event outside our control, then we will contact you as soon as possible after we are made aware, provided that it is possible for us to let you know, and we will take steps to minimise the effect of such events. You agree that, provided we do this, we will not be liable for interruptions or delays caused by the event.
13.8. You acknowledge and accept that Suitability Labels may not always be correct and that it is your responsibility to ensure that Content is appropriate for you and/or audiences who view Content via your account. If you are in doubt, you should not view, or facilitate third parties to view, the Content. Virtex accepts no liability for any incorrect Suitability Labels or Content accessible via the Platform.
13.9. Our maximum aggregate liability under or in connection with this EULA whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £10. This does not apply to the types of loss set out in condition 13.2.
13.10. You acknowledge that Content in the Platform may be updated, altered or removed at any time without notice to you. We are not responsible for, and have no liability in relation to, the content, transmission, receipt, hosting, processing or other use of any Contribution.
13.11. The Platform is provided ‘as is’ and on an ‘as available’ basis without any representation, endorsement or warranty of any kind other than that it will be of satisfactory quality, as described, and fit for purpose.
13.12. We do not guarantee that: (i) the Platform will be free of errors, viruses or bugs or other defects; (ii) the Platform or any Content or information displayed or distributed through the Platform or in the accompanying documentation will be accurate or complete; (iii) any defects in the Platform will be corrected; or (iv) operation of the Platform will be uninterrupted.
14.1. This clause applies insofar as the Platform permits you to earn, obtain or use virtual items, including virtual currency (“Virtual Items”). You may use Virtual Items in connection with your permitted use of the Platform and, where applicable, in any third party applications in which such Virtual Items may also be used. You do not own the Virtual Items. You only have a non-exclusive, non-transferable, revocable licence to use them, for their permitted uses, as may be amended and notified to you from time to time, in connection with the Platform and subject to your compliance with the terms of this EULA. Where you purchase Virtual Items from us, the purchase will be subject to our then applicable terms of sale, which may require you to pay additional fees in order to use such Virtual Items in third party applications. These terms of sale will be made available to you at the time of each purchase.
14.2. We or third parties may offer access to paid-for Content on, or in connection with, the Platform (including access to paid virtual events). Such access will be subject to the then applicable terms of sale and use. These will be made available to you at the time of each purchase.
14.3. You understand and agree that Virtual Items have no cash or redemption value and your licence to use them will be suspended and/or terminated if you are denied access to your account or your account is shut down, frozen or terminated for any reason in accordance with this EULA. We shall have no obligation to make any refund or otherwise compensate you in any amount, unless expressly indicated otherwise and subject to your mandatory consumer rights.
14.4. You are not permitted to trade, exchange, sell, rent or otherwise transfer or deal in the Virtual Items or your account, without our prior written permission. You shall not access or use any account or Virtual Items which have been traded, exchanged, sold, rented or otherwise transferred or dealt in.
15.1. In using the Platform, you agree that you shall not:
15.1.1. hack, attempt to hack, modify, adapt, merge, translate, disassemble, decompile or reverse engineer or create derivative works out of any part of the Platform or any Content or information contained in it, to the fullest extent permitted by applicable law;
15.1.2. make the Platform available to any third party, whether directly or indirectly;
15.1.3. use or deal in the Platform except as permitted by the terms of this EULA;
15.1.4. make any other commercial use of the Platform, or any part of it, without our prior written consent;
15.1.5. use the Platform or process or use the Content or information contained on or within the Platform unfairly or for any illegal or immoral purpose;
15.1.6. sell, distribute, reproduce, transfer, publicly display, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, rent, lease, loan, sub-license or otherwise deal in copies or reproductions of the Platform or Content in any way except as expressly permitted by this EULA;
15.1.7. remove, delete, obscure, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the Platform or the Content;
15.1.8. create or attempt to create software which replicates or mimics any data or functionality in the Platform; or
15.1.9. remove, disable or circumvent any copy protection software contained on or within the Platform or Content.
15.2. Notwithstanding clause 15.1, you may reverse engineer, decompile or disassemble the Platform only insofar as you are entitled to do so by the Copyright, Designs and Patents Act 1988 or other applicable law.
15.3. All works or copies of works arising from activities permitted by clause 15.2 shall belong to, vest in and be the exclusive property of us upon creation, and you shall permanently delete all such works in your possession or control immediately once you have concluded those activities. You hereby assign (by way of present and, where appropriate, future assignment) all such rights to us. You shall, and shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may be required for the purpose of giving full effect to any such assignment.
16.1. By downloading and installing the Platform from Steam (“Steam”), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US) you acknowledge that you have reviewed and accepted the Steam Subscriber Agreement, which you can find online here. The Steam Subscriber Agreement changes from time to time, and if it becomes inconsistent with this EULA then, where there are conflicts, the Steam Subscriber Agreement takes precedence.
16.2. By downloading and installing the Platform from Oculus (“Oculus”) you acknowledge that you have reviewed and accepted the Oculus Terms of Service which you can find online here, and the Oculus Store Terms which you can find online here. These terms may change from time to time, and if such terms becomes inconsistent with this EULA then, where there are conflicts, the relevant Oculus terms will take precedence.
17. HEALTH AND SAFETY PRECAUTIONS
17.1. The Platform or Content may contain flashing lights, realistic images and simulations. Please consult the relevant health and safety precautions, and operating instructions, for the applicable platform (including any relevant VR Platform) before downloading, installing, and using the Platform.
PLEASE READ THIS NOTICE BEFORE YOU USE THE SOFTWARE
17.2. Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness, dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when using VR equipment (including VR headsets and sensors) and viewing VR content. This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using the Platform suffers or has suffered in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using the Platform. If you or they are already using the Platform please stop and consult a doctor.
17.3. If you or any part of you feels tired, fatigue or discomfort whilst using the Platform, please stop and rest. If it continues after you stop using the Platform, please consult a doctor. If you have suffered or suffer from an injury the use of software, particularly together with VR equipment, can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.
PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THE SOFTWARE WITH VR EQUIPMENT:
17.4.1. ALWAYS READ THE RELEVANT HEALTH AND SAFETY INFORMATION AND OPERATING INSTRUCTIONS FOR THE APPLICABLE PLATFORM BEFORE USING THE PLATFORM AND BEFORE USING VR EQUIPMENT;
17.4.2. only use the Platform with VR equipment in a safe environment;
17.4.3. be aware of your surroundings before using the Platform with VR equipment;
17.4.4. do not use the Platform with VR equipment, if you are sick, sleep, or feel tired, fatigue or discomfort, under the influence of alcohol or drugs, or hung-over;
17.4.5. do not use the Platform with VR equipment while in a moving vehicle such as a car, bus, or train or while walking; and
17.4.6. do not use the Platform with VR equipment for too long at any one time. Please follow all guidance applicable to or accompanying the Platform you use in respect of playing time and take a 10 to 15 minute break every 30 minutes.
No waiver by us of any failure by you to comply with or perform a provision of this EULA shall constitute a waiver of any preceding or subsequent failure.
This EULA is personal to you. You may not assign, sub-license, transfer or otherwise dispose of your rights or obligations under this agreement.
We may change this EULA at any time for any legal, regulatory or security reason, or for any other reason that we decide at our absolute discretion. We will notify you of any changes and you will be required to accept the changes to continue to use the Platform.
21.1. Should you have any queries or complaints, please get in touch here (please categorise your message as “General”).
21.2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
If any provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
23.1. Subject always to applicable mandatory consumer protections (should these be deemed to apply) including those of your country:
23.1.1. in the event of any dispute between you and us regarding this EULA and/or your use of the Platform, the laws of England and Wales will apply; and
23.1.2. you agree that in the event that we are unable to settle any dispute with you informally, then any court or arbitration proceedings shall be held in England.