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END USER LICENCE AGREEMENT
1. INTRODUCTORY PROVISIONS
1.1. This End User Licence Agreement ("EULA") governs the relationship between you ("user" or "you") and Delta VR Ventures s.r.o., ID number 19621728, with its registered seat at Chvalská 718/10, Hloubětín, 198 00 Prague 9, Czech Republic, registered at Municipal Court in Prague, file number C 389336 established under the Czech law ("Delta VR Ventures" or "we") in relation to our games, Telegram bots (application) and other software products ("Game").1.2. You confirm your agreement to this EULA by clicking on the "I agree" button during the installation process of the Game or before you start playing the Game. If you do not agree to this EULA, the installation cannot be completed or you cannot start playing the Game, and you may not be able to access the Game.
1.3. The Game is not intended for children under the age of 13 and persons with limited legal capacity that precludes them from using the Game ("Protected Persons"). Protected persons may not access and play the Game without the permission and supervision of their parent or legal guardian. If you as a parent or a legal guardian permit a Protected Person to access the Game, you agree to this EULA on their behalf and its provisions become binding on you directly. You understand and agree that you are responsible for all uses of the Game by a Protected Person and that you have the same duty of care as in your own matters. You agree that you will not knowingly allow any Protected Person to use or access the Game without permission and supervision of a parent or a legal guardian.
1.4. The age limitation specified in 1.3 of this EULA does not apply to the Telegram bot "the Tap".
2. YOUR DELTA VR VENTURES ACCOUNT
2.1. This paragraph does not apply to Telegram bots, where you use your Telegram account to sign in.2.2. In other cases, to use all features of the Game, you will need to create an Account in the Game, or you can connect to your account. ("Account").
2.3. For establishing the Account, you will need to provide an e-mail address at your disposal and safeguard the Account with a password. You will be asked to fill in more information in the Account. It is important that you provide this information truthfully and accurately and keep it up to date, so that we have correct details about you and your Account.
2.4. Upon the creation of an Account, it is obligatory to create a unique username ("Nickname") to represent the user within the Game. The Nickname may not be transferred to another individual. Furthermore, users are prohibited from selecting a Nickname already used by another user. You may not select a Nickname that is offensive or rude, or that infringes the rights of others, particularly personal rights. Failure to adhere to this guideline may result in appropriate measures being taken by us, including but not limited to changing your Nickname, restricting access to communication with other users, or suspending or blocking access to the Game.
2.5. The Account is strictly personal and may not be shared, transferred, assigned, or traded with any other individual ("Prohibited transfer").
2.6. Users are required to maintain strict confidentiality of all Account-related information, including but not limited to passwords. Under no circumstances should users disclose their password to any party. If you breach the confidentiality obligation or realize Prohibited transfer, you may be responsible for the conduct and actions of third parties using your Account, including for all violations of this EULA and we reserve the right to suspend access to your Account or to close your Account and terminate this EULA.
2.7. It is your responsibility to ensure the security of your Account against unauthorized access by third parties. Promptly notify us via e-mail in the event of:
2.7.1. Any unauthorized usage of your Account or any breach of security.
2.7.2. Any detection or suspicion of hacking tools being employed or potentially used in connection with Account or Game.
2.8. We have instituted physical, electronic, and managerial protocols to assist in safeguarding and preventing unauthorized access, usage, alteration, modification, and/or disclosure of your Account information. However, we shall not be liable to you for any loss or damage incurred due to unauthorized use of your Account or unauthorized access, usage, alteration, modification, and/or disclosure of your personal information, to the extent resulting from your culpable omissions or negligent behavior. We retain the right to suspend access to your Account or close your Account upon discovery of Account hacking.2.7.2. Any detection or suspicion of hacking tools being employed or potentially used in connection with Account or Game.
3. LICENSE TO USE THE GAME
3.1. The Game encompasses a diverse array of content which includes, but is not limited to, software, technology, text, posts in forums and chats, profiles, widgets, messages, links, emails, music, sound, graphics, images, video materials, as well as its design and appearance ("Content").3.2. By agreeing to this EULA, you are granted a licence, to download, install, and use (play) the Game and Content for the duration that this EULA is effective between you and us. Please note, the Game is licensed to you.
3.3. The licence is characterized as follows:
a) 'non-exclusive', implying that we can grant same or similar licences to others and we ourselves may exercise rights granted by the licence;
b) 'revocable', indicating that we may terminate your licence under specific conditions detailed later;
c) 'personal', which restricts the use of the Game to non-commercial purposes;
d) 'non-transferable', ensuring that the licence is solely for your benefit and cannot be transferred or sub-licensed to others;
e) 'limited', meaning the Game can only be used as outlined in this EULA;
f) 'non-perpetual', signifying that it will cease under certain conditions mentioned in this EULA; and
g) dependent on your adherence to this EULA.
3.4. You are prohibited from:b) 'revocable', indicating that we may terminate your licence under specific conditions detailed later;
c) 'personal', which restricts the use of the Game to non-commercial purposes;
d) 'non-transferable', ensuring that the licence is solely for your benefit and cannot be transferred or sub-licensed to others;
e) 'limited', meaning the Game can only be used as outlined in this EULA;
f) 'non-perpetual', signifying that it will cease under certain conditions mentioned in this EULA; and
g) dependent on your adherence to this EULA.
3.4.1. copying or downloading any Content from the Game;
3.4.2. distributing, publicly performing or displaying, leasing, selling, transmitting, transferring, publishing, editing, copying, creating derivative works from, renting, sub-licensing, making available to the public, decompiling, disassembling, reverse engineering, or otherwise unauthorized use of the Content;
3.4.3. commercially exploiting (i.e., for profit) any Content; or
3.4.4. removing, obscuring, or altering any copyright, patent, trademark, or other proprietary rights notices attached to the Content.
3.5. We do not assure the constant availability of any Content, in all countries, locations, or at any specific time, nor do we commit to offering any specific Content for a set period.3.4.2. distributing, publicly performing or displaying, leasing, selling, transmitting, transferring, publishing, editing, copying, creating derivative works from, renting, sub-licensing, making available to the public, decompiling, disassembling, reverse engineering, or otherwise unauthorized use of the Content;
3.4.3. commercially exploiting (i.e., for profit) any Content; or
3.4.4. removing, obscuring, or altering any copyright, patent, trademark, or other proprietary rights notices attached to the Content.
3.6. The Game, including its code, graphics, gameplay, user interface, audio, and other Content, contains proprietary information and materials safeguarded by intellectual property laws. You acknowledge our ownership or licensing of this proprietary information and materials and agree not to use or exploit them without our permission.
4. PROHIBITED ACTIVITIES AND OTHER RULES
4.1. The following actions are prohibited while using the Game:4.1.1. spreading content that is offensive, damaging, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or discriminatory;
4.1.2. any illegal activity or encouragement of illegal activity;
4.1.3. discussion or encouragement of suicide;
4.1.4. spamming;
4.1.5. advertising in any form;
4.1.6. discussion of social, religious, or political issues that may cause offense;
4.1.7. obtaining and posting identifying information about oneself or others;
4.1.8. defrauding other users, including through scams or social engineering;
4.1.9. transmitting any content that contains a virus, corrupted data, malware, Trojan horse, bot, keystroke logger, worm, time bomb, cancelbot, spiders, spyware, extraction tools, mining programs, or other computer programming routines intended to damage, detrimentally interfere with, secretly intercept or mine, scrape, or expropriate any system, data, or personal information;
4.1.10. performing, soliciting, or assisting with a distributed denial of service (DDoS) attack against the Game or any user;
4.1.11. post or communicate any user's real-world information (name, address, account name, etc.) in the Game, on the websites www.victoriavr.com or in any other forum or media;
4.1.12. gathering or obtaining email addresses or any other contact information of fellow users from the Game through electronic or alternative methods, such as for the intent of dispatching unsolicited emails or other unwarranted communications;
4.1.13. request personal information from other users or seek passwords or personally identifying details;
4.1.14. creating, using, making available, or distributing any unauthorized software or tools, including hacks, cheats, exploits, scripts, bots, trainers, automation programs, or other software that interacts with the Game in any way and for any purpose, including intercepts, emulates, or redirects any communication between such software and us;
4.1.15. creating, using, making available, or distributing any software designed to modify the Game and change the user experience ('mods');
4.1.16. accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
4.1.17. impersonating any person, business, or entity, including employees of Victoria VR;
4.1.18. cheat, willfully exploit bugs or glitches, willfully harass or grief other players, or utilize any software or other means to do any of the aforementioned activities in the Game;
4.1.19. bypass or remove any measure preventing misuse of the Game;
4.1.20. misuse the Game in any way contrary to the applicable law, including good morals rules.
4.2. We retain the prerogative to furnish or unilaterally implement patches, updates, and other modifications to the Game. Such actions may be undertaken to rectify bugs, glitches, or other issues, prevent misuse of the Game or violation of this EULA, or augment gameplay (e.g., by providing additional content). The Game may be temporarily unavailable while these processes are being installed.4.1.2. any illegal activity or encouragement of illegal activity;
4.1.3. discussion or encouragement of suicide;
4.1.4. spamming;
4.1.5. advertising in any form;
4.1.6. discussion of social, religious, or political issues that may cause offense;
4.1.7. obtaining and posting identifying information about oneself or others;
4.1.8. defrauding other users, including through scams or social engineering;
4.1.9. transmitting any content that contains a virus, corrupted data, malware, Trojan horse, bot, keystroke logger, worm, time bomb, cancelbot, spiders, spyware, extraction tools, mining programs, or other computer programming routines intended to damage, detrimentally interfere with, secretly intercept or mine, scrape, or expropriate any system, data, or personal information;
4.1.10. performing, soliciting, or assisting with a distributed denial of service (DDoS) attack against the Game or any user;
4.1.11. post or communicate any user's real-world information (name, address, account name, etc.) in the Game, on the websites www.victoriavr.com or in any other forum or media;
4.1.12. gathering or obtaining email addresses or any other contact information of fellow users from the Game through electronic or alternative methods, such as for the intent of dispatching unsolicited emails or other unwarranted communications;
4.1.13. request personal information from other users or seek passwords or personally identifying details;
4.1.14. creating, using, making available, or distributing any unauthorized software or tools, including hacks, cheats, exploits, scripts, bots, trainers, automation programs, or other software that interacts with the Game in any way and for any purpose, including intercepts, emulates, or redirects any communication between such software and us;
4.1.15. creating, using, making available, or distributing any software designed to modify the Game and change the user experience ('mods');
4.1.16. accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
4.1.17. impersonating any person, business, or entity, including employees of Victoria VR;
4.1.18. cheat, willfully exploit bugs or glitches, willfully harass or grief other players, or utilize any software or other means to do any of the aforementioned activities in the Game;
4.1.19. bypass or remove any measure preventing misuse of the Game;
4.1.20. misuse the Game in any way contrary to the applicable law, including good morals rules.
4.3. Users are encouraged to demonstrate consideration and politeness while playing the Game, particularly in interactions with fellow players.
5. USER GENERATED CONTENT
5.1. The Game might allow you the opportunity to generate, alter, or contribute to content originating from you ("UGC") and to distribute, upload, or render such UGC accessible to other users through the Game.5.2. UGC might consist of creating your own buildings, rooms, backgrounds, surroundings, characters, objects, visual artistry, screen captures, audio elements, recordings, enthusiast-created artwork, playthroughs, and any other creative works.
5.3. By disseminating, uploading, or rendering UGC available to other users through the Game, you grant us a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, and freely sublicensable license to utilize, reproduce, adapt, derive works from, exploit, distribute, transmit, perform, translate, host, render accessible, and communicate your UGC through our Game and any associated platforms, including third-party platforms, pertinent to our Game, for the purposes of operation, distribution, integration, and promotion of our Games throughout the entirety of the duration of intellectual property rights.
5.4. Concerning any UGC you generate or intend to share with other users, you agree to adhere to and abide by the following stipulations:
5.4.1. You must refrain from uploading any UGC that is owned by someone else unless you possess explicit authorization from the respective rights holder to do so.
5.4.2. You must refrain from uploading any UGC that infringes intellectual property rights, privacy, or any other rights of any individual or entity, or that contravenes applicable laws or this EULA.
5.4.3. To the fullest extent permitted by applicable law, you renounce the assertion, exercise, and enforcement, and agree not to lay claim to any moral rights or similar entitlements in and to your UGC that you may possess in any jurisdiction worldwide.
5.4.4. You bear sole responsibility for your UGC; we do not engage in pre-screening of all UGC and do not endorse, sanction, or pre-screen any UGC contributed by you or other users to the Game.
5.4.5. UGC must conform to all relevant regulations and must not contain material that might be deemed offensive, defamatory, unlawful, or which could result in reputational harm to us.
5.4.6. If you create any UGC, you assume responsibility and liability for it; we bear no liability or responsibility for UGC.
5.5. In the event we determine that your utilization or uploading of UGC violates any of rules set up in this article, we reserve the right to remove, block, amend, relocate, or disable such UGC.5.4.2. You must refrain from uploading any UGC that infringes intellectual property rights, privacy, or any other rights of any individual or entity, or that contravenes applicable laws or this EULA.
5.4.3. To the fullest extent permitted by applicable law, you renounce the assertion, exercise, and enforcement, and agree not to lay claim to any moral rights or similar entitlements in and to your UGC that you may possess in any jurisdiction worldwide.
5.4.4. You bear sole responsibility for your UGC; we do not engage in pre-screening of all UGC and do not endorse, sanction, or pre-screen any UGC contributed by you or other users to the Game.
5.4.5. UGC must conform to all relevant regulations and must not contain material that might be deemed offensive, defamatory, unlawful, or which could result in reputational harm to us.
5.4.6. If you create any UGC, you assume responsibility and liability for it; we bear no liability or responsibility for UGC.
5.6. If you breach any of rules set up in this article, we reserve the right to suspend or permanently cease the availability of your UGC and to take any other measures we deem appropriate.
6. WARRANTIES, DAMAGES, LIMITATION OF LIABILITY, INDEMNITY AND OTHER PROVISIONS
6.1. We hereby grant you all the rights delineated in this EULA concerning the Game, provided "as is" and "as available" and without warranty of any kind. You assume any and all risk of use and any and all risk associated with playing the Game. This implies that, within the constraints of the law, we do not provide any guarantee regarding the Game, especially but not exclusively such as guarantee regarding flawless functionality of the Game, devoid of bugs, glitches, or other issues. Additionally, to the extent permissible by applicable law, we disclaim any responsibility or liability for any bugs, glitches, or other issues encountered in the Game.6.2. We hereby disclaim all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the Game. We do not warrant that the operation of the Game or your access to the Game, or that your use of the Game will be uninterrupted or error-free, or that the Game will be compatible with your hardware and software. In the event of a malfunction of, or your inability to use, the Game you have downloaded, your sole and exclusive remedy could be a replacement download, and we shall have no liability for the faulty download.
6.3. In no event shall we, our subsidiaries or affiliates, our partners, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost or corrupted data), arising out of or in connection with the Game, Content, the EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, or any other legal theory, and whether or not we are advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
6.4. You shall defend, indemnify and hold harmless us and our subsidiaries or affiliates, licensors and suppliers, and their respective employees, contractors, officers, and directors, from any and all claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the Game; (ii) any activities conducted with your copy of the Game (whether by you or another person); (iii) your playing of the Game and (iv) your breach of any of UGC rules as stated in this EULA.
6.5. Although the Game may be accessible worldwide, we do not warrant that the Game may be lawfully used in your location, or that the content is not prohibited by applicable local laws. Users who choose to access the Game do so at their own risk and are responsible for compliance with any applicable local laws.
7. TERMINATION
7.1. If you materially breach this EULA, we have the right to terminate the EULA without any notice period. If it comes to this, you will lose all the rights granted by the EULA, namely the right to use the Game, whereas we shall have no further obligations to you stemming from this EULA.7.2. If we suspend your access or delete your Account due to your breach of this EULA, you will not be entitled to any refunds or compensation, unless otherwise required by mandatory applicable law.
7.3. Your access to use or play Game or use your Account may be restricted, suspended, or disabled, and you may lose access to part or all of the services offered by us (including your Account, and any of your information, data, or content associated with such services), if:
i. we determine, in our discretion, that you have clearly, seriously, or repeatedly breached this EULA or any other our conditions that are applicable to you
ii. we believe your access to, or use of, Game creates a health and safety risk.
iii. we may also disable or delete your account if after registration your Account is not confirmed, your account is unused and remains inactive for an extended period of time, or if we detect someone may have used it without your permission and we are unable to confirm your ownership of the Account, or where we are required to do so under applicable law.
To the maximum extent permitted by applicable law, we assume no liability for such loss of access and use and will have no obligations related to such loss.ii. we believe your access to, or use of, Game creates a health and safety risk.
iii. we may also disable or delete your account if after registration your Account is not confirmed, your account is unused and remains inactive for an extended period of time, or if we detect someone may have used it without your permission and we are unable to confirm your ownership of the Account, or where we are required to do so under applicable law.
8. AMENDMENTS
8.1. Occasionally, it may be necessary to modify this EULA.8.2. We will notify you about specific amendments and your right to reject them in advance via the Game or other means. Should you disagree with the modifications, you have the option to terminate the EULA and discontinue using the Game. Your continued usage of the Game after these changes are implemented will be deemed as your acceptance of such changes.
8.3. You are not entitled to receive any new releases of the Game, or any expansion packs, updates, upgrades or similar products under the EULA, but we may, in our sole discretion, offer any or all of the foregoing to you. We may provide new releases or otherwise enhance the Game at any time, in our sole discretion, without obligation to you. Any such new release or other enhancement of the Game may change the Game's terms, conditions, features, items, mechanics, or any other element of the Game. Periodically, we might require all users to migrate to new releases of the Game in order to continue to play it. If you fail to update the Game and install the new release when required, we shall not be responsible in any way for your inability to play the Game, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
9. TECHNICAL REQUIREMENTS
9.1. If the Game is played in the virtual reality, you need the following minimum hardware and software capability (including a suitable connection to the Internet) to use the Game: VR headset MetaQuest 2 or MetaQuest 3,
Hardware and software that supports MetaQuest 2 or MetaQuest 3
and comply with any and all conditions, terms and regulations associated with the usage of above-mentioned hardware and software, especially with the following:
9.2. You are solely responsible for ensuring that you meet such technical requirements before installing/using the Game. The graphics quality in the Game may differ depending on your settings, hardware capabilities, and Internet connection.Hardware and software that supports MetaQuest 2 or MetaQuest 3
and comply with any and all conditions, terms and regulations associated with the usage of above-mentioned hardware and software, especially with the following:
https://www.meta.com/legal/quest/health-and-safety-warnings/
10. RULES FOR USING VR HEADSET
10.1. This paragraph applies to a Game where a VR headset is needed to play the Game (virtual reality games).10.2. If you are using the Game through a virtual reality headset, you are required to follow the headset manufacturer's instructions. Delta VR Ventures shall not be liable for any health damage or injury caused by defects in the headset or improper use of the headset.
10.3. The virtual reality nature of the Game may present physical challenges during gameplay. Users are advised to assess their physical condition before engaging in the activity. Should any uncertainties arise, consulting with a medical professional is recommended. Furthermore, it is encouraged to take periodic breaks and maintain hydration levels for optimal well-being during gameplay.
10.4. When using the Game with VR headset, users are particularly urged to exercise caution and mindfulness regarding their surroundings. It is essential to ensure adequate space is available to play safely, free from any potential obstacles or hazardous objects that may pose a risk during gameplay. Always create and maintain a safe play space. Take regular breaks. Stop playing if you experience discomfort.
10.5. Please refrain from playing the Game if experiencing any of the following conditions, as they may heighten susceptibility to harm during gameplay:
10.5.1. fatigue or exhaustion;
10.5.2. intoxication from alcohol or drugs;
10.5.3. hangover symptoms;
10.5.4. digestive issues;
10.5.5. emotional stress or anxiety;
10.5.6. cold, flu, headaches, migraines, or earaches.
10.6. Prior to engaging in gameplay, it is advised to consult with your physician if you are pregnant, elderly, have pre-existing vision abnormalities or psychiatric disorders, are using prescription or non-prescription medication, or suffer from a heart condition or other serious medical condition.10.5.2. intoxication from alcohol or drugs;
10.5.3. hangover symptoms;
10.5.4. digestive issues;
10.5.5. emotional stress or anxiety;
10.5.6. cold, flu, headaches, migraines, or earaches.
10.7. In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a virtual reality device may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.
10.8. Please note that certain people are susceptible to various symptoms and conditions when playing a game with virtual reality headsets, including:
10.8.1. epileptic seizures or loss of consciousness;
10.8.2. altered vision;
10.8.3. motion sickness, dizziness, disorientation, or nausea; and/or
10.8.4. repetitive motion injuries and eye strain.
Immediately stop playing if you do not feel well or if you experience any of the above symptoms.
10.9. In any event, we strongly recommend that you take reasonable breaks from gameplay every 10 to 15 minutes and that you do not play for excessive overall periods.10.8.2. altered vision;
10.8.3. motion sickness, dizziness, disorientation, or nausea; and/or
10.8.4. repetitive motion injuries and eye strain.
Immediately stop playing if you do not feel well or if you experience any of the above symptoms.
10.10. You are solely responsible for any damage or injury caused when using the headset while playing the Game and Delta VR Ventures shall not be liable in this respect.
10.11. Fulfilment of above mentioned conditions stated in this article hereof are solely your responsibility.
11. FINAL PROVISIONS
11.1. You are prohibited from transferring or assigning this EULA or any rights conferred by it to a third party.11.2. To the extent permitted by applicable law, the provisions of the EULA shall be construed to their fullest extent as expressed herein. Should any provision of the EULA be deemed void, inapplicable, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions.
11.3. These terms of use and the legal relations between you and Delta VR Ventures are governed by Czech law.
11.4. In case of any disputes relating to the interpretation, performance or validity of this EULA, an amicable solution will be sought before any legal action. In the event that an amicable solution is not reached, the courts of the Czech Republic with local jurisdiction according to our registered office shall have jurisdiction.
11.5. According to Czech Act No. 634/1992 Coll., on Consumer Protection, if you are consumer you have the right to out-of-court settlement of a consumer dispute arising from a consumer contract. In such a case, you may contact the Czech Trade Inspection Authority (Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, email: [email protected], website: adr.coi.cz). Online out-of-court dispute resolution can be initiated through the ODR platform, available on the website ec.europa.eu/consumers/odr/.
11.6. The provisions of this EULA are not intended to exclude or limit the rights available to consumers under the relevant provisions of applicable law.
11.7. If any part of this EULA is held to be unenforceable, then it will not affect the enforceability of any other part of this EULA. Also, we and you agree to interpret the rest of this EULA in such a way as to reflect your and our intentions in this EULA as far as possible.
11.8. We are operating on the basis of a trade licence. Supervision is exercised by the Trade Licensing Office and, to the extent defined by law, by the Czech Trade Inspection Authority, to which the user may address any complaint.
If you have any questions, complaints, or comments regarding this EULA or Game, please contact us at: [email protected] or at: [email protected].