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CARTOON NETWORK® JOURNEYS VR GAME END USER LICENSE AGREEMENT
Cartoon Interactive Group, Inc. (“Publisher”) is proud to provide you with the CARTOON NETWORK JOURNEYS VR™ software (the “Game") for use with the Valve Steam® game platform (the “Service”). This End User License Agreement (the “EULA” or “Agreement”) governs your use of the Game.
BY ACCESSING OR USING THE GAME, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS OF THIS AGREEMENT AND UNDERSTAND THAT THIS IS A LEGALLY BINDING CONTRACT. PLEASE READ THIS DOCUMENT IN ITS ENTIRETY. THIS AGREEMENT INCLUDES A PROVISION REGARDING BINDING ARBITRATION OF DISPUTES (OTHER THAN SPECIFICED INTELLECTUAL PROPERTY CLAIMS) AND A WAIVER TO CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE GAME.
YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR IF YOU ARE UNDER THE AGE OF LEGAL MAJORITY, THAT YOU ARE USING THE SERVICES AND GAME WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS. MAKE SURE TO REVIEW THIS AGREEMENT WITH YOUR PARENT OR LEGAL GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.
1. Limited License. The Game is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this Agreement and the Steam® Subscriber Agreement, Publisher hereby grants to you a limited, revocable, non-exclusive license to (a) download and install the Game onto a personal computer or mobile device owned by you, and (b) use the Game in conjunction with the Services for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of our copyrights:
a. You may not sell, license or transfer the Game, or any reproductions thereof, to any person or entity;
b. You may not develop, distribute or host any server or software designed to interact with the Game or to redirect or emulate the communications protocols used by Cartoon;
c. You may not modify the Game or any portion thereof;
d. You may not copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game or any portion thereof;
e. You may not develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
g. You may not connect to the Services except by using an authorized, unmodified Game as set forth herein; or
h. You may not use the Game to connect to any server or service other than the Services.
The license granted herein confers no title or ownership in the Game and should not be construed as a sale of any rights to the Game. All right, title and interest in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by Cartoon or its licensors.
2. Term. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, custody or control. We may terminate this Agreement at any time for any reason or no reason by posting a notice within the Game or Service, providing an updated EULA within the Game or Service or providing a notice by email if you have provided an email address to us. Upon termination of this Agreement, you must destroy all copies of the Game and related documentation in your possession, custody or control.
3. Ownership. You agree that, between you and Publisher, Publisher owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all Content therein. The Game is protected by the U.S. copyright laws, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. DISCLAIMER OF WARRANTIES. THE GAME IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY.
5. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUBLISHER BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES: (1) DIRECT; (2) SPECIAL; (3) CONSEQUENTIAL; (4) PUNITIVE; (5) INCIDENTAL; (6) DAMAGES TO PROPERTY; (7) LOSS OF GOODWILL; (8) COMPUTER FAILURE OR MALFUNCTION; AND (9) DAMAGES FOR PERSONAL INJURIES (EXCEPT WHERE SUCH INJURIES ARE CAUSED SOLEY BY THE NEGLIGENCE OF PUBLISHER), RESULTING FROM THE POSESSION, USE OR MALFUNCTION OF THIS PRODUCT, EVEN IF WB GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WB GAMES’ LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS GAME. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. IN SUCH INSTANCES PUBLISHER’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY OF PUBLISHER WHERE SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
6. INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PUBLISHER, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME OR BREACH BY YOU OF SECTION 1.
7. Changes to Agreement and Game. Publisher may update this Agreement at its sole discretion, and will post an updated EULA, which you must review and agree to once it becomes effective. If you do not agree to a revised EULA, you will not be permitted to continue playing the Game. If at any time you are no longer able to comply with the terms of the then-current EULA, you must terminate this Agreement and immediately stop using the Game. Publisher may change, modify, suspend, or discontinue any aspect of the Game at any time. Publisher may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or Content contained in the Game.
8. Patches and Updates. Publisher may apply patches, updates and modifications (collectively, “Updates”) to the Game at any time, including Updates to the Game installed on your device. Updates are not optional. You agree that Publisher may deploy and install updates remotely, with or without your knowledge, and you hereby provide your consent for Publisher to download and apply such Updates.
9. Remedies. You acknowledge that Publisher may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. You therefore agree that if you do breach either of these provisions, in addition to provable damages and reasonable attorneys’ fees, Publisher shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
10. IMPORTANT HEALTH AND SAFETY WARNINGS. There are health and product safety warnings and operating instructions for virtual reality products that you must read and follow before using the Service, the Game and your virtual reality head set to reduce the risk of motion sickness, nausea, blurred vision, disorientation, personal injury or property damage (“Warnings”). By using the Game, you represent and warrant that you have read and understand these Warnings. It is important to ensure all users use the Game in a safe environment and understand all Warnings before playing the Game, including, without limitation, the following:
Use Only in a Safe Environment: Wearing a VR headset and playing the Game produces an immersive virtual reality experience that distracts you and completely blocks your view of your actual surroundings. Set up a safe play space. Be aware of your surroundings before beginning use and while playing the Game. Use caution to avoid injury. You are responsible for creating and maintaining a safe environment for use at all times. Serious injuries can occur from tripping or running into or striking walls, furniture, cable and connections from your VR headset, other objects or people, so clear an area for safe use before playing the Game. Take special care to ensure that you are not near items that you may hit or strike, tripping hazards. or areas which may cause you to lose your balance when playing the Game -- like other people, objects, stairs or steps, ramps, sidewalk(s), balconies, open doorways, windows, furniture, open flames (like candles or fireplaces), ceiling fans or light fixtures, televisions or monitors, loose rugs or carpets, or other things. Consider having another person act as a spotter while you move around in your virtual world. Take appropriate steps to prevent people (particularly children) or pets who do not understand that your perceptions are limited from entering your play space.
Use Only When Unimpaired: A comfortable VR experience requires an unimpaired sense of motion and balance. Do not play the Game when you are experiencing any of the following as it may increase your susceptibility to adverse symptoms: fatigue, need sleep, under influence of alcohol or drugs, digestive problems, under emotional stress or anxiety, sick or suffering from cold, flu, headaches, migraines or earaches.
Consult Doctor Prior To Use if Pre-Existing Medical Conditions: Consult your doctor before playing the Game if you are pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders or suffer from a heart condition or other serious medical condition. Some people may have severe dizziness, seizures, eye or muscle twitching or blackouts triggered by light flashes or patterns, and this may occur while they are watching TV, playing video games or experiencing virtual reality, even if they have never had a seizure or blackout before or have no history of seizures or epilepsy. Such seizures are more common in children and young people. Anyone who experiences any of these symptoms should discontinue use of the Game immediately and see a doctor. If you previously have had a seizure, loss of awareness, or other symptom linked to an epileptic condition you should see a doctor before playing the Game.
Stop Immediately If Signs of Discomfort. Stop using and consult your doctor if you experience dizziness, disorientation, impaired balance, impaired hand-eye coordination, altered, blurred or double vision or abnormalities, eye strain, eye or muscle twitches, discomfort or pain in the head or eyes, loss of awareness, any involuntary movement, convulsions, drowsiness, fatigue, tingling, numbness, burning, stiffness, soreness, excessive sweating, increased salivation, nausea, lightheadedness, or any symptoms similar to motion sickness while playing the Game.
Avoid Overuse and Repetitive Stress Injuries. Prolonged, uninterrupted use of the product should be avoided. It may negatively impact hand-eye coordination, balance, and/or cause other negative effects. While using the product frequently and for prolonged periods of time, you may experience tiredness or soreness in your muscles, joints, or other body parts. Take regular breaks from playing the Game. For example, take at least a 10 to 15-minute break every 30 minutes, even if you don’t think you need it. Each person is different, so take more frequent and longer breaks if you feel discomfort.
Watch for Any Post-Use Symptoms. Just as with the symptoms people can experience after they disembark a cruise ship, symptoms of virtual reality exposure can persist and become more apparent hours after use. These post-use symptoms can include the above symptoms as well as excessive drowsiness and decreased ability to multi-task. These symptoms may put you at an increased risk of injury when engaging in normal activities in the real world. Do not drive, operate machine or engage in other visually or physically demanding activities that have potentially serious consequences (i.e. activities in which experiencing any symptoms could lead to death, personal injury, or damage to property), or other activities that require unimpaired balance and hand-eye coordination (such as riding a bicycle) until you have fully recovered from any symptoms. Consult with your doctor if any serious or persistent symptoms.
Monitor Use By Children: The Service is not intended for children under the age of 13. If older children are permitted to use the Service and play the Game, then adults should monitor closely and limit the time spent they play the Game, ensure that they take breaks during use, and avoid prolonged use; they also should monitoring them closely for any negative effects during and after their use of the Game and immediately discontinue use of the Game if any negative effects are observed.
11. Dispute Resolution and Governing Law. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
a. BINDING ARBITRATION.
You agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Game, and/or the provision of content, services, and/or technology on or through the Game, Publisher or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Publisher both by email to tcncopyrightagent@turner.com AND by U.S. Mail to 1050 Techwood Drive, NW, Atlanta, GA 30318 Attn: CN Digital Legal Counsel. To the extent that Publisher has your contact information, it will send any such notice to you by U.S. Mail or to your email address. Publisher and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Publisher and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Publisher or you may resort to the other alternatives described in this section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Game or Services.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Publisher and you arising under this Agreement or in connection with your access to, and/or use of the Game, and/or the provision of content, services, and/or technology on or through the Game, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Game shall not be subject to arbitration.
For residents outside the United States, arbitration shall be initiated in New York, New York, and Publisher and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this EULA, and administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” or by calling the AAA at 1-8OO-778-7879.
Publisher shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless Publisher is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Publisher and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Publisher and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Notwithstanding the foregoing, Publisher and you agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Publisher and you understand that, absent this mandatory arbitration provision, Publisher and you would have the right to sue in court and have a jury trial. Publisher and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
You may choose to pursue your claim in small claims court where jurisdiction and venue over Publisher and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Publisher and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Publisher to the extent that any such claims arise out of your access to, and/or use of the Game, and/or the provision of content, services, and/or technology on or through the Game.
b. CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that Publisher and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under this EULA in connection with the Game will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Publisher and you further agree that Publisher and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under this EULA or in connection with the Game.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The terms of this provision will also apply to any claims asserted by you against any parent, subsidiary, or affiliated company of Publisher to the extent that any such claims arise out of your access to, and/or use of the Game, and/or the provision of content, services, and/or technology on or through the Game.
c. Exceptions. You agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Publisher’s intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy or unauthorized use; and (3) any claim for injunctive relief.
d. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of New York, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Those who choose to access the Service from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
e. Severability. You agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed, and the remainder of the Section shall be given full force and effect. If Section 13(c) is found to be illegal or unenforceable then neither you nor Publisher will elect to arbitrate any dispute falling within that portion of Section 13(c) found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the Fulton County, State of Georgia, USA, and you agree to submit to the personal jurisdiction of that court.
12. Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between Publisher and you. Publisher would not be able to provide the Game (including without limitation the Game) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of Publisher’s licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of Publisher. You may not assign this Agreement, in whole or in part, without Publisher’s prior written consent and any attempted assignment in violation of this provision shall be null and void. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between you and Publisher with respect to the Game and supersedes all prior agreements between you and Publisher pertaining to the Game. You agree that you will comply with all applicable laws in connection with the Game and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. This Agreement may be amended only by a writing executed by both parties.
CARTOON NETWORK JOURNEYS VR, CARTOON NETWORK, the logo and all related characters and elements are trademarks of and © Cartoon Network. All rights reserved. (s19)
Last updated 8-July – 2019
Cartoon Interactive Group, Inc. (“Publisher”) is proud to provide you with the CARTOON NETWORK JOURNEYS VR™ software (the “Game") for use with the Valve Steam® game platform (the “Service”). This End User License Agreement (the “EULA” or “Agreement”) governs your use of the Game.
BY ACCESSING OR USING THE GAME, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS OF THIS AGREEMENT AND UNDERSTAND THAT THIS IS A LEGALLY BINDING CONTRACT. PLEASE READ THIS DOCUMENT IN ITS ENTIRETY. THIS AGREEMENT INCLUDES A PROVISION REGARDING BINDING ARBITRATION OF DISPUTES (OTHER THAN SPECIFICED INTELLECTUAL PROPERTY CLAIMS) AND A WAIVER TO CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE GAME.
YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR IF YOU ARE UNDER THE AGE OF LEGAL MAJORITY, THAT YOU ARE USING THE SERVICES AND GAME WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS. MAKE SURE TO REVIEW THIS AGREEMENT WITH YOUR PARENT OR LEGAL GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.
1. Limited License. The Game is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this Agreement and the Steam® Subscriber Agreement, Publisher hereby grants to you a limited, revocable, non-exclusive license to (a) download and install the Game onto a personal computer or mobile device owned by you, and (b) use the Game in conjunction with the Services for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of our copyrights:
a. You may not sell, license or transfer the Game, or any reproductions thereof, to any person or entity;
b. You may not develop, distribute or host any server or software designed to interact with the Game or to redirect or emulate the communications protocols used by Cartoon;
c. You may not modify the Game or any portion thereof;
d. You may not copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game or any portion thereof;
e. You may not develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
g. You may not connect to the Services except by using an authorized, unmodified Game as set forth herein; or
h. You may not use the Game to connect to any server or service other than the Services.
The license granted herein confers no title or ownership in the Game and should not be construed as a sale of any rights to the Game. All right, title and interest in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by Cartoon or its licensors.
2. Term. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, custody or control. We may terminate this Agreement at any time for any reason or no reason by posting a notice within the Game or Service, providing an updated EULA within the Game or Service or providing a notice by email if you have provided an email address to us. Upon termination of this Agreement, you must destroy all copies of the Game and related documentation in your possession, custody or control.
3. Ownership. You agree that, between you and Publisher, Publisher owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all Content therein. The Game is protected by the U.S. copyright laws, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. DISCLAIMER OF WARRANTIES. THE GAME IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY.
5. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUBLISHER BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES: (1) DIRECT; (2) SPECIAL; (3) CONSEQUENTIAL; (4) PUNITIVE; (5) INCIDENTAL; (6) DAMAGES TO PROPERTY; (7) LOSS OF GOODWILL; (8) COMPUTER FAILURE OR MALFUNCTION; AND (9) DAMAGES FOR PERSONAL INJURIES (EXCEPT WHERE SUCH INJURIES ARE CAUSED SOLEY BY THE NEGLIGENCE OF PUBLISHER), RESULTING FROM THE POSESSION, USE OR MALFUNCTION OF THIS PRODUCT, EVEN IF WB GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WB GAMES’ LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS GAME. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. IN SUCH INSTANCES PUBLISHER’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY OF PUBLISHER WHERE SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
6. INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PUBLISHER, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME OR BREACH BY YOU OF SECTION 1.
7. Changes to Agreement and Game. Publisher may update this Agreement at its sole discretion, and will post an updated EULA, which you must review and agree to once it becomes effective. If you do not agree to a revised EULA, you will not be permitted to continue playing the Game. If at any time you are no longer able to comply with the terms of the then-current EULA, you must terminate this Agreement and immediately stop using the Game. Publisher may change, modify, suspend, or discontinue any aspect of the Game at any time. Publisher may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or Content contained in the Game.
8. Patches and Updates. Publisher may apply patches, updates and modifications (collectively, “Updates”) to the Game at any time, including Updates to the Game installed on your device. Updates are not optional. You agree that Publisher may deploy and install updates remotely, with or without your knowledge, and you hereby provide your consent for Publisher to download and apply such Updates.
9. Remedies. You acknowledge that Publisher may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. You therefore agree that if you do breach either of these provisions, in addition to provable damages and reasonable attorneys’ fees, Publisher shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
10. IMPORTANT HEALTH AND SAFETY WARNINGS. There are health and product safety warnings and operating instructions for virtual reality products that you must read and follow before using the Service, the Game and your virtual reality head set to reduce the risk of motion sickness, nausea, blurred vision, disorientation, personal injury or property damage (“Warnings”). By using the Game, you represent and warrant that you have read and understand these Warnings. It is important to ensure all users use the Game in a safe environment and understand all Warnings before playing the Game, including, without limitation, the following:
Use Only in a Safe Environment: Wearing a VR headset and playing the Game produces an immersive virtual reality experience that distracts you and completely blocks your view of your actual surroundings. Set up a safe play space. Be aware of your surroundings before beginning use and while playing the Game. Use caution to avoid injury. You are responsible for creating and maintaining a safe environment for use at all times. Serious injuries can occur from tripping or running into or striking walls, furniture, cable and connections from your VR headset, other objects or people, so clear an area for safe use before playing the Game. Take special care to ensure that you are not near items that you may hit or strike, tripping hazards. or areas which may cause you to lose your balance when playing the Game -- like other people, objects, stairs or steps, ramps, sidewalk(s), balconies, open doorways, windows, furniture, open flames (like candles or fireplaces), ceiling fans or light fixtures, televisions or monitors, loose rugs or carpets, or other things. Consider having another person act as a spotter while you move around in your virtual world. Take appropriate steps to prevent people (particularly children) or pets who do not understand that your perceptions are limited from entering your play space.
Use Only When Unimpaired: A comfortable VR experience requires an unimpaired sense of motion and balance. Do not play the Game when you are experiencing any of the following as it may increase your susceptibility to adverse symptoms: fatigue, need sleep, under influence of alcohol or drugs, digestive problems, under emotional stress or anxiety, sick or suffering from cold, flu, headaches, migraines or earaches.
Consult Doctor Prior To Use if Pre-Existing Medical Conditions: Consult your doctor before playing the Game if you are pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders or suffer from a heart condition or other serious medical condition. Some people may have severe dizziness, seizures, eye or muscle twitching or blackouts triggered by light flashes or patterns, and this may occur while they are watching TV, playing video games or experiencing virtual reality, even if they have never had a seizure or blackout before or have no history of seizures or epilepsy. Such seizures are more common in children and young people. Anyone who experiences any of these symptoms should discontinue use of the Game immediately and see a doctor. If you previously have had a seizure, loss of awareness, or other symptom linked to an epileptic condition you should see a doctor before playing the Game.
Stop Immediately If Signs of Discomfort. Stop using and consult your doctor if you experience dizziness, disorientation, impaired balance, impaired hand-eye coordination, altered, blurred or double vision or abnormalities, eye strain, eye or muscle twitches, discomfort or pain in the head or eyes, loss of awareness, any involuntary movement, convulsions, drowsiness, fatigue, tingling, numbness, burning, stiffness, soreness, excessive sweating, increased salivation, nausea, lightheadedness, or any symptoms similar to motion sickness while playing the Game.
Avoid Overuse and Repetitive Stress Injuries. Prolonged, uninterrupted use of the product should be avoided. It may negatively impact hand-eye coordination, balance, and/or cause other negative effects. While using the product frequently and for prolonged periods of time, you may experience tiredness or soreness in your muscles, joints, or other body parts. Take regular breaks from playing the Game. For example, take at least a 10 to 15-minute break every 30 minutes, even if you don’t think you need it. Each person is different, so take more frequent and longer breaks if you feel discomfort.
Watch for Any Post-Use Symptoms. Just as with the symptoms people can experience after they disembark a cruise ship, symptoms of virtual reality exposure can persist and become more apparent hours after use. These post-use symptoms can include the above symptoms as well as excessive drowsiness and decreased ability to multi-task. These symptoms may put you at an increased risk of injury when engaging in normal activities in the real world. Do not drive, operate machine or engage in other visually or physically demanding activities that have potentially serious consequences (i.e. activities in which experiencing any symptoms could lead to death, personal injury, or damage to property), or other activities that require unimpaired balance and hand-eye coordination (such as riding a bicycle) until you have fully recovered from any symptoms. Consult with your doctor if any serious or persistent symptoms.
Monitor Use By Children: The Service is not intended for children under the age of 13. If older children are permitted to use the Service and play the Game, then adults should monitor closely and limit the time spent they play the Game, ensure that they take breaks during use, and avoid prolonged use; they also should monitoring them closely for any negative effects during and after their use of the Game and immediately discontinue use of the Game if any negative effects are observed.
11. Dispute Resolution and Governing Law. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
a. BINDING ARBITRATION.
You agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Game, and/or the provision of content, services, and/or technology on or through the Game, Publisher or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Publisher both by email to tcncopyrightagent@turner.com AND by U.S. Mail to 1050 Techwood Drive, NW, Atlanta, GA 30318 Attn: CN Digital Legal Counsel. To the extent that Publisher has your contact information, it will send any such notice to you by U.S. Mail or to your email address. Publisher and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Publisher and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Publisher or you may resort to the other alternatives described in this section. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Game or Services.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Publisher and you arising under this Agreement or in connection with your access to, and/or use of the Game, and/or the provision of content, services, and/or technology on or through the Game, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Game shall not be subject to arbitration.
For residents outside the United States, arbitration shall be initiated in New York, New York, and Publisher and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this EULA, and administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” or by calling the AAA at 1-8OO-778-7879.
Publisher shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless Publisher is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Publisher and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Publisher and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Notwithstanding the foregoing, Publisher and you agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Publisher and you understand that, absent this mandatory arbitration provision, Publisher and you would have the right to sue in court and have a jury trial. Publisher and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
You may choose to pursue your claim in small claims court where jurisdiction and venue over Publisher and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Publisher and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Publisher to the extent that any such claims arise out of your access to, and/or use of the Game, and/or the provision of content, services, and/or technology on or through the Game.
b. CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that Publisher and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under this EULA in connection with the Game will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Publisher and you further agree that Publisher and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under this EULA or in connection with the Game.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The terms of this provision will also apply to any claims asserted by you against any parent, subsidiary, or affiliated company of Publisher to the extent that any such claims arise out of your access to, and/or use of the Game, and/or the provision of content, services, and/or technology on or through the Game.
c. Exceptions. You agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Publisher’s intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy or unauthorized use; and (3) any claim for injunctive relief.
d. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of New York, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Those who choose to access the Service from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
e. Severability. You agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed, and the remainder of the Section shall be given full force and effect. If Section 13(c) is found to be illegal or unenforceable then neither you nor Publisher will elect to arbitrate any dispute falling within that portion of Section 13(c) found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the Fulton County, State of Georgia, USA, and you agree to submit to the personal jurisdiction of that court.
12. Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between Publisher and you. Publisher would not be able to provide the Game (including without limitation the Game) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of Publisher’s licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of Publisher. You may not assign this Agreement, in whole or in part, without Publisher’s prior written consent and any attempted assignment in violation of this provision shall be null and void. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between you and Publisher with respect to the Game and supersedes all prior agreements between you and Publisher pertaining to the Game. You agree that you will comply with all applicable laws in connection with the Game and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. This Agreement may be amended only by a writing executed by both parties.
CARTOON NETWORK JOURNEYS VR, CARTOON NETWORK, the logo and all related characters and elements are trademarks of and © Cartoon Network. All rights reserved. (s19)
Last updated 8-July – 2019