| Language: |
Thank you for your interest in TARZAN™ VR, an episodic virtual reality game (the “Game”). TARZAN™ VR is offered by JUNGLE GAMES, LLC. (“JUNGLE GAMES”).
To play TARZAN™ VR, JUNGLE GAMES requires that you review and agree to the following terms and conditions of this End User License Agreement (“EULA”). This EULA describes the terms and conditions under which you may use and play TARZAN™ VR. By downloading and/or playing TARZAN™ VR, you accept the terms and condition in the EULA. If you do not accept the terms and conditions in the EULA, you must not download, access or play TARZAN™ VR and must discontinue its use immediately.
REQUIREMENTS TO PLAY
To play TARZAN™ VR, you must: (i) be at least 13 years old, (ii) pay a fee, as charged by one or more online game distribution store and/or platform on which TARZAN™ VR is available, for your copy of TARZAN™ VR; (ii) download a copy of TARZAN™ VR to an authorized system and (iii); comply with this EULA.
TERMINATION; SUSPENSION OF ACCOUNT
By JUNGLE GAMES for Termination of the Game
JUNGLE GAMES does not guarantee that it will continue to support the Game indefinitely. JUNGLE GAMES may, in its sole discretion, cease to provide any or all of the items or services offered in connection with TARZAN™ VR (including patches and updates) and terminate the EULA. JUNGLE GAMES may communicate such termination to you upon 30 days’ notice in any of the following manners: (i) when you log into your Account; (ii) in a notice on JUNGLE GAMES’s website; (iii) via electronic mail; or (iv) in another manner that JUNGLE GAMES deems suitable to inform you of the termination. If JUNGLE GAMES terminates the EULA pursuant to this section, you will not be entitled to receive a refund of any fees.
By JUNGLE GAMES for Breach or Misconduct
JUNGLE GAMES, in its sole discretion, may immediately and without notice terminate the EULA and cancel all rights granted to you under the EULA if: (i) you fail to pay the fee when due; (ii) JUNGLE GAMES is unable to verify or authenticate any information you provide; (iii) you or anyone using or accessing TARZAN™ VR materially breaches the EULA, makes any unauthorized use of the Game, or infringes the rights of JUNGLE GAMES or any third party; or (iv) JUNGLE GAMES becomes aware of gameplay that is, in JUNGLE GAMES’ discretion, inappropriate, offensive, or in violation of the rules of conduct. JUNGLE GAMES may, but is not obligated to, provide notice of termination via electronic mail, or any other means reasonably calculated to reach you.
Termination by JUNGLE GAMES under this section shall be without prejudice to or waiver of any and all of JUNGLE GAMES’ other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not be entitled to receive a refund of any fees for a termination pursuant to this section.
By You
Termination of EULA
You may terminate the EULA upon notice to JUNGLE GAMES via electronic mail. Upon termination of the EULA, you must cease playing and/or accessing the Game immediately. Upon termination of the EULA, you will not be entitled to receive a refund of any fees in the event of such termination.
Change in the EULA
If an amendment alters a term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA. You may terminate the EULA by notifying JUNGLE GAMES via electronic mail to tarzan@funtrainvr.com within thirty (30) days after the amended EULA was communicated to you, provided that you have not downloaded, accessed or played the Game during that period. Your notice must state that you do not agree to the amended EULA, specifically describing the amendment(s) with which you disagree, and that you wish to terminate the EULA. You will not be entitled to receive a refund of any fees in the event of such termination. If you download and/or continue to access or play the Game, you shall be deemed to have accepted the amended EULA and waive your rights to terminate under this section.
Effects of Termination
If for any reason the EULA is terminated, all rights granted to you under the EULA will terminate, unless expressly reserved by applicable law. You must discontinue your use of the Game, you may not access or play the Game, and all the acquired attributes within the game, including, but not limited to progress, will be lost. If for any reason the EULA is terminated, you will not be entitled to compensation for the past time you spent playing TARZAN™ VR, or for any other compensation
LICENSE RESTRICTIONS AND PROHIBITED CONDUCT
Your license to play the Game is subject to proper conduct. You may not do any of the following with respect to the Game or any components thereof without the express written consent of JUNGLE GAMES:
Use the Game publicly, commercially or for a promotional purpose, including, without limitation, streaming on social media platforms such as Twitch and YouTube;
Copy, reproduce, distribute, display, publicly perform, publish, or use the Game or any portion or aspect thereof, in any way that is not expressly authorized in this EULA;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Game or any part thereof;
Modify, adapt, translate or create derivative works based upon the Game or any part thereof;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Game;
Use your own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play;
Rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game;
Use any information accessible through the Game, to bypass the Game architecture or create or provide any other means through which the Game may be accessed and/or the Game may be played by others, as for example, through server emulators;
Access any the Game or any website, server, software application, or other computer resource owned, used and/or licensed by Company including but not limited to the Game, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company, including but not limited to the Game;
Interfere with or disrupt the Game or servers or networks connected to the Game, or disobey any requirements, procedures, policies or regulations of networks connected to the Game;
Harvest or collect the email addresses or other contact information of other Users;
Submit any content to any chat room or other public forum hosted by JUNGLE GAMES that is harassing, abusive, threatening, harmful, obscene, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including without limitation the submission of content that infringes on a third-party’s intellectual property rights;
Defame, harass, abuse, threaten, defraud users of the Game, or collect, or attempt to collect, personal information about users or third parties without their consent;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Game accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Game, or perform any other similar fraudulent activity;
Attempt to indicate in any manner that you have a relationship with JUNGLE GAMES or affiliates of JUNGLE GAMES or that JUNGLE GAMES has endorsed you or any products or services for any purpose; and
Use the Game for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
You agree to observe and abide by these rules of conduct, as amended by JUNGLE GAMES from time to time, as well as any additional rules of conduct or terms of use published by JUNGLE GAMES.
Transmissions of information by you to JUNGLE GAMES are not private. You acknowledge and agree that you have no expectation of privacy regarding transmission of information you make in the Game.
WAIVERS AND ASSUMPTION OF RISKS
To enter the Game you must wear a headset which will totally block your view of your real location, and headphones that will prevent you from hearing the outside world. You may communicate through the built-in communications system. You are solely responsible for using the Game in suitable and safe environment.
Some multiplayer experiences may allow you to see, and be seen, by people online from anywhere in the real world in virtual reality, so please be mindful of your actions and language, respecting other children and adults who may be in the virtual world with you.
Participation in the Game carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries, including, but not limited to, dizziness, nausea, seizures, loss of awareness, eye strain, bumping into objects, bumping into walls, and other potential hazards. The specific risks vary from one activity to another, but the risks range from (i) minor injuries such as scratches, bruises, and sprains, (ii) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions, to (iii) catastrophic injuries including paralysis or death.
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.
You affirm that your participation and/or the participation of your dependent child is voluntary and neither you nor your dependent child have any known physical, mental, or health-related reasons or problems that should preclude or restrict you or your child’s participation in the Game. If you download and/or continue to access or play the Game, you shall be deemed to have read the previous paragraphs and know, understand, and appreciate these and other risks that are inherent in participation in the Game, and hereby assert that your participation is voluntary and you knowingly assume all such risks.
LICENSE
Limited License
The Game is licensed to you and not sold. JUNGLE GAMES hereby grants you a personal, limited, non-transferable, revocable, and non-exclusive License to use the Game for your non-commercial use, subject to your compliance with this EULA. You may not access, copy, modify or distribute the Game, unless expressly authorized by JUNGLE GAMES or permitted by applicable law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the Game, unless expressly authorized by JUNGLE GAMES or permitted by Law. JUNGLE GAMES or its licensors own and reserve all other rights, including all right, title and interest in the Game and associated Intellectual Property Rights.
Specific Restriction
Any and all rights not expressly granted by JUNGLE GAMES herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied.
You may not intercept any information accessible through the Game for any purpose other than playing TARZAN™ VR in accordance with the EULA.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer the Game or any documentation accompanying the Game. You may not transfer the Game except as permitted by the EULA.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer any information accessible through the Game, including without limitation, any part of the Game content or any item, object or character in the Game.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Game, or from any information accessible through the Game (including, without limitation, data packets transmitted to and from JUNGLE GAMES’ systems over the Internet), or anything incorporated therein, or analyze, decipher, “sniff” or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from the Game, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so. If the Game contains license management technology, you may circumvent or disable that technology. This section shall apply to the fullest extent permitted by applicable law.
Software Updates
JUNGLE GAMES may from time to time update or otherwise modify the Game electronically, or require you to install updates, patches or fixes to the Game (“Updates”). Updates may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. You must install such Updates before you will be allowed to proceed to play the Game. If you fail to install the new release when required, JUNGLE GAMES shall not be responsible in any way for your inability to play TARZAN™ VR, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
New Releases of the Software
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 JUNGLE GAMES may, in its sole discretion, offer any or all of the foregoing to you. JUNGLE GAMES may provide new releases or otherwise enhance the Game at any time, in its 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, JUNGLE GAMES will 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, JUNGLE GAMES shall not be responsible in any way for your inability to play TARZAN™ VR, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
AGE RESTRICTION
Subject to any applicable product age ratings, restrictions and account requirements, TARZAN™ VR is made available only to individuals aged 13 or older. Children under 13 are prohibited from using TARZAN™ VR. If you are aged 13 but under 18 years of age, you and your parent and/or legal guardian must review this EULA together.
By using the Game, you warrant and represent that you: (i) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or (ii) are a minor who has been authorized under the provisions below.
If you are the parent and/or legal guardian of a minor, you can choose to allow use of the Game by that minor instead of yourself subject to the following provisions: (i) you acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent; (ii) you acknowledge, and further agree you are entirely responsible for all the provisions in this Agreement; (iii) you acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor; (iv) in consideration of Company allowing access to the Game by a minor, and in addition to the indemnification provisions set for herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless JUNGLE GAMES with respect hereto.
PROPRIETARY RIGHTS
As between you and JUNGLE GAMES, JUNGLE GAMES is the sole and exclusive owner of the Game and Game Content (as defined below). The Game and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. JUNGLE GAMES reserves all rights not expressly stated herein.
The Game is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters (and items, objects and attributes comprising or associated with a character), graphics, sound effects, music, animation, video, text, content, layout, design and other information downloaded from and accessible through the Internet when applicable (collectively, the “Game Content”). JUNGLE GAMES, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights) in and to the Game and all Game Content, and no rights thereto are transferred to you, except for the limited license granted above.
You hereby irrevocably, and without additional consideration beyond the rights granted to you herein, assign to JUNGLE GAMES any and all right, title and interest you have, including copyrights, in or to any and all information you exchange, transmit or upload while playing the Game, including without limitation all files, data and information. To the extent that any such rights are not assignable, you hereby grant JUNGLE GAMES an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any par of such information, in any medium now known or hereafter developed.
Violation of JUNGLE GAMES’ proprietary rights is a material breach of the EULA, in the event of which JUNGLE GAMES may terminate the EULA and take whatever additional action JUNGLE GAMES deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and all of JUNGLE GAMES’ other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.
WARRANTIES, DAMAGES AND LIMITATION OF LIABILITY
You hereby represent and warrant that (i) you are not prohibited from receiving or using any aspect of the Game under applicable laws and (ii) JUNGLE GAMES has not previously disabled your account or your access to the Game for a violation of the law or this EULA or other applicable agreements, terms of use, or contracts.
The Game, all Game Content, and all other services and material provided in connection therewith, are provided “as is,” with all faults and without warranty of any kind. You assume all risk of use and all risk associated with playing the Game.
JUNGLE GAMES 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. JUNGLE GAMES does 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 shall be a replacement download, and JUNGLE GAMES shall have no liability for the faulty download.
In no event shall JUNGLE GAMES, its affiliates, partners, licensors or suppliers be liable to you or 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, Game Content, the EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not JUNGLE GAMES is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
Nothing in this EULA shall limit any party’s liability in the event of fraud, death, personal injury, or anything else in which liability may not be limited as a matter of law. If any of the foregoing disclaimers or limitations of liability in this Section 8 or elsewhere in the EULA are declared to be void or unenforceable, then JUNGLE GAMES’ liability shall be limited to the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written, express or implied.
THIRD-PARTY SITES
The Game may contain links to third party websites. The third-party websites are not under the control of JUNGLE GAMES and JUNGLE GAMES is not responsible for the contents of the same, including without limitation any link contained therein. JUNGLE GAMES is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JUNGLE GAMES of the website or any association with its operators.
INDEMNITY
You shall defend, indemnify and hold harmless JUNGLE GAMES and its 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); and (iii) your playing of the Game.
AMENDMENTS TO EULA
JUNGLE GAMES may, in its sole discretion, amend the EULA from time to time by posting an amended version at www.tarzanvirtualreality.com/eula and/or notifying you when you attempt to access the Game. You must accept the amended EULA in order to continue to play the Game.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in Section 2, Termination.
GOVERNING LAW AND JURISDICTION
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of the State of South Carolina in the United States of America.
If you access the Game from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Game in any manner prohibited by any applicable laws, restrictions or regulations.
DISPUTE RESOLUTION
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to or use of the Game, Game Content and/or the rights and obligations of the parties hereto, shall be resolved solely by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, in a location mutually agreed upon by the parties. If the parties cannot agree on a location, the arbitration will be conducted telephonically. The arbitrator's award will be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorney's fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire Dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of this Agreement.
The EULA will be published in English. The EULA may be translated into one or more additional languages for convenience of the reader. If the EULA is published in any language other than English, the English language version of the EULA shall be the governing agreement and shall control all interpretation thereof.
MISCELLANEOUS
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the Game.
Except as otherwise provided herein, you may not assign or transfer the EULA or your rights thereunder, and any attempt to do so is void. The EULA, including any rules of conduct and the fees and payment terms as referenced there, and JUNGLE GAMES’ privacy policy, as each may be amended by JUNGLE GAMES from time to time, set forth the entire understanding and agreement between JUNGLE GAMES and you with respect to the subject matter hereof.
JUNGLE GAMES is authorized to assign the EULA and any of its rights, interests, or obligations hereunder without the prior approval of any other party. This EULA shall be binding upon and shall inure to benefit of JUNGLE GAMES’ successors and/or permitted assigns.
Except as provided above, or in a writing signed by both parties, the EULA may not be modified or amended. Not distributor, agent or employee of JUNGLE GAMES is authorized to make any modifications or additions to the EULA.
All notices to JUNGLE GAMES required or permitted by the EULA shall be by electronic mail at tarzan@funtrainvr.com unless stated otherwise in the EULA.
To play TARZAN™ VR, JUNGLE GAMES requires that you review and agree to the following terms and conditions of this End User License Agreement (“EULA”). This EULA describes the terms and conditions under which you may use and play TARZAN™ VR. By downloading and/or playing TARZAN™ VR, you accept the terms and condition in the EULA. If you do not accept the terms and conditions in the EULA, you must not download, access or play TARZAN™ VR and must discontinue its use immediately.
REQUIREMENTS TO PLAY
To play TARZAN™ VR, you must: (i) be at least 13 years old, (ii) pay a fee, as charged by one or more online game distribution store and/or platform on which TARZAN™ VR is available, for your copy of TARZAN™ VR; (ii) download a copy of TARZAN™ VR to an authorized system and (iii); comply with this EULA.
TERMINATION; SUSPENSION OF ACCOUNT
By JUNGLE GAMES for Termination of the Game
JUNGLE GAMES does not guarantee that it will continue to support the Game indefinitely. JUNGLE GAMES may, in its sole discretion, cease to provide any or all of the items or services offered in connection with TARZAN™ VR (including patches and updates) and terminate the EULA. JUNGLE GAMES may communicate such termination to you upon 30 days’ notice in any of the following manners: (i) when you log into your Account; (ii) in a notice on JUNGLE GAMES’s website; (iii) via electronic mail; or (iv) in another manner that JUNGLE GAMES deems suitable to inform you of the termination. If JUNGLE GAMES terminates the EULA pursuant to this section, you will not be entitled to receive a refund of any fees.
By JUNGLE GAMES for Breach or Misconduct
JUNGLE GAMES, in its sole discretion, may immediately and without notice terminate the EULA and cancel all rights granted to you under the EULA if: (i) you fail to pay the fee when due; (ii) JUNGLE GAMES is unable to verify or authenticate any information you provide; (iii) you or anyone using or accessing TARZAN™ VR materially breaches the EULA, makes any unauthorized use of the Game, or infringes the rights of JUNGLE GAMES or any third party; or (iv) JUNGLE GAMES becomes aware of gameplay that is, in JUNGLE GAMES’ discretion, inappropriate, offensive, or in violation of the rules of conduct. JUNGLE GAMES may, but is not obligated to, provide notice of termination via electronic mail, or any other means reasonably calculated to reach you.
Termination by JUNGLE GAMES under this section shall be without prejudice to or waiver of any and all of JUNGLE GAMES’ other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not be entitled to receive a refund of any fees for a termination pursuant to this section.
By You
Termination of EULA
You may terminate the EULA upon notice to JUNGLE GAMES via electronic mail. Upon termination of the EULA, you must cease playing and/or accessing the Game immediately. Upon termination of the EULA, you will not be entitled to receive a refund of any fees in the event of such termination.
Change in the EULA
If an amendment alters a term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA. You may terminate the EULA by notifying JUNGLE GAMES via electronic mail to tarzan@funtrainvr.com within thirty (30) days after the amended EULA was communicated to you, provided that you have not downloaded, accessed or played the Game during that period. Your notice must state that you do not agree to the amended EULA, specifically describing the amendment(s) with which you disagree, and that you wish to terminate the EULA. You will not be entitled to receive a refund of any fees in the event of such termination. If you download and/or continue to access or play the Game, you shall be deemed to have accepted the amended EULA and waive your rights to terminate under this section.
Effects of Termination
If for any reason the EULA is terminated, all rights granted to you under the EULA will terminate, unless expressly reserved by applicable law. You must discontinue your use of the Game, you may not access or play the Game, and all the acquired attributes within the game, including, but not limited to progress, will be lost. If for any reason the EULA is terminated, you will not be entitled to compensation for the past time you spent playing TARZAN™ VR, or for any other compensation
LICENSE RESTRICTIONS AND PROHIBITED CONDUCT
Your license to play the Game is subject to proper conduct. You may not do any of the following with respect to the Game or any components thereof without the express written consent of JUNGLE GAMES:
Use the Game publicly, commercially or for a promotional purpose, including, without limitation, streaming on social media platforms such as Twitch and YouTube;
Copy, reproduce, distribute, display, publicly perform, publish, or use the Game or any portion or aspect thereof, in any way that is not expressly authorized in this EULA;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Game or any part thereof;
Modify, adapt, translate or create derivative works based upon the Game or any part thereof;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Game;
Use your own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play;
Rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game;
Use any information accessible through the Game, to bypass the Game architecture or create or provide any other means through which the Game may be accessed and/or the Game may be played by others, as for example, through server emulators;
Access any the Game or any website, server, software application, or other computer resource owned, used and/or licensed by Company including but not limited to the Game, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company, including but not limited to the Game;
Interfere with or disrupt the Game or servers or networks connected to the Game, or disobey any requirements, procedures, policies or regulations of networks connected to the Game;
Harvest or collect the email addresses or other contact information of other Users;
Submit any content to any chat room or other public forum hosted by JUNGLE GAMES that is harassing, abusive, threatening, harmful, obscene, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including without limitation the submission of content that infringes on a third-party’s intellectual property rights;
Defame, harass, abuse, threaten, defraud users of the Game, or collect, or attempt to collect, personal information about users or third parties without their consent;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Game accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Game, or perform any other similar fraudulent activity;
Attempt to indicate in any manner that you have a relationship with JUNGLE GAMES or affiliates of JUNGLE GAMES or that JUNGLE GAMES has endorsed you or any products or services for any purpose; and
Use the Game for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
You agree to observe and abide by these rules of conduct, as amended by JUNGLE GAMES from time to time, as well as any additional rules of conduct or terms of use published by JUNGLE GAMES.
Transmissions of information by you to JUNGLE GAMES are not private. You acknowledge and agree that you have no expectation of privacy regarding transmission of information you make in the Game.
WAIVERS AND ASSUMPTION OF RISKS
To enter the Game you must wear a headset which will totally block your view of your real location, and headphones that will prevent you from hearing the outside world. You may communicate through the built-in communications system. You are solely responsible for using the Game in suitable and safe environment.
Some multiplayer experiences may allow you to see, and be seen, by people online from anywhere in the real world in virtual reality, so please be mindful of your actions and language, respecting other children and adults who may be in the virtual world with you.
Participation in the Game carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries, including, but not limited to, dizziness, nausea, seizures, loss of awareness, eye strain, bumping into objects, bumping into walls, and other potential hazards. The specific risks vary from one activity to another, but the risks range from (i) minor injuries such as scratches, bruises, and sprains, (ii) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions, to (iii) catastrophic injuries including paralysis or death.
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.
You affirm that your participation and/or the participation of your dependent child is voluntary and neither you nor your dependent child have any known physical, mental, or health-related reasons or problems that should preclude or restrict you or your child’s participation in the Game. If you download and/or continue to access or play the Game, you shall be deemed to have read the previous paragraphs and know, understand, and appreciate these and other risks that are inherent in participation in the Game, and hereby assert that your participation is voluntary and you knowingly assume all such risks.
LICENSE
Limited License
The Game is licensed to you and not sold. JUNGLE GAMES hereby grants you a personal, limited, non-transferable, revocable, and non-exclusive License to use the Game for your non-commercial use, subject to your compliance with this EULA. You may not access, copy, modify or distribute the Game, unless expressly authorized by JUNGLE GAMES or permitted by applicable law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the Game, unless expressly authorized by JUNGLE GAMES or permitted by Law. JUNGLE GAMES or its licensors own and reserve all other rights, including all right, title and interest in the Game and associated Intellectual Property Rights.
Specific Restriction
Any and all rights not expressly granted by JUNGLE GAMES herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied.
You may not intercept any information accessible through the Game for any purpose other than playing TARZAN™ VR in accordance with the EULA.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer the Game or any documentation accompanying the Game. You may not transfer the Game except as permitted by the EULA.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer any information accessible through the Game, including without limitation, any part of the Game content or any item, object or character in the Game.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Game, or from any information accessible through the Game (including, without limitation, data packets transmitted to and from JUNGLE GAMES’ systems over the Internet), or anything incorporated therein, or analyze, decipher, “sniff” or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from the Game, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so. If the Game contains license management technology, you may circumvent or disable that technology. This section shall apply to the fullest extent permitted by applicable law.
Software Updates
JUNGLE GAMES may from time to time update or otherwise modify the Game electronically, or require you to install updates, patches or fixes to the Game (“Updates”). Updates may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. You must install such Updates before you will be allowed to proceed to play the Game. If you fail to install the new release when required, JUNGLE GAMES shall not be responsible in any way for your inability to play TARZAN™ VR, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
New Releases of the Software
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 JUNGLE GAMES may, in its sole discretion, offer any or all of the foregoing to you. JUNGLE GAMES may provide new releases or otherwise enhance the Game at any time, in its 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, JUNGLE GAMES will 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, JUNGLE GAMES shall not be responsible in any way for your inability to play TARZAN™ VR, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
AGE RESTRICTION
Subject to any applicable product age ratings, restrictions and account requirements, TARZAN™ VR is made available only to individuals aged 13 or older. Children under 13 are prohibited from using TARZAN™ VR. If you are aged 13 but under 18 years of age, you and your parent and/or legal guardian must review this EULA together.
By using the Game, you warrant and represent that you: (i) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or (ii) are a minor who has been authorized under the provisions below.
If you are the parent and/or legal guardian of a minor, you can choose to allow use of the Game by that minor instead of yourself subject to the following provisions: (i) you acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent; (ii) you acknowledge, and further agree you are entirely responsible for all the provisions in this Agreement; (iii) you acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor; (iv) in consideration of Company allowing access to the Game by a minor, and in addition to the indemnification provisions set for herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless JUNGLE GAMES with respect hereto.
PROPRIETARY RIGHTS
As between you and JUNGLE GAMES, JUNGLE GAMES is the sole and exclusive owner of the Game and Game Content (as defined below). The Game and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. JUNGLE GAMES reserves all rights not expressly stated herein.
The Game is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters (and items, objects and attributes comprising or associated with a character), graphics, sound effects, music, animation, video, text, content, layout, design and other information downloaded from and accessible through the Internet when applicable (collectively, the “Game Content”). JUNGLE GAMES, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights) in and to the Game and all Game Content, and no rights thereto are transferred to you, except for the limited license granted above.
You hereby irrevocably, and without additional consideration beyond the rights granted to you herein, assign to JUNGLE GAMES any and all right, title and interest you have, including copyrights, in or to any and all information you exchange, transmit or upload while playing the Game, including without limitation all files, data and information. To the extent that any such rights are not assignable, you hereby grant JUNGLE GAMES an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any par of such information, in any medium now known or hereafter developed.
Violation of JUNGLE GAMES’ proprietary rights is a material breach of the EULA, in the event of which JUNGLE GAMES may terminate the EULA and take whatever additional action JUNGLE GAMES deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and all of JUNGLE GAMES’ other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.
WARRANTIES, DAMAGES AND LIMITATION OF LIABILITY
You hereby represent and warrant that (i) you are not prohibited from receiving or using any aspect of the Game under applicable laws and (ii) JUNGLE GAMES has not previously disabled your account or your access to the Game for a violation of the law or this EULA or other applicable agreements, terms of use, or contracts.
The Game, all Game Content, and all other services and material provided in connection therewith, are provided “as is,” with all faults and without warranty of any kind. You assume all risk of use and all risk associated with playing the Game.
JUNGLE GAMES 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. JUNGLE GAMES does 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 shall be a replacement download, and JUNGLE GAMES shall have no liability for the faulty download.
In no event shall JUNGLE GAMES, its affiliates, partners, licensors or suppliers be liable to you or 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, Game Content, the EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not JUNGLE GAMES is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
Nothing in this EULA shall limit any party’s liability in the event of fraud, death, personal injury, or anything else in which liability may not be limited as a matter of law. If any of the foregoing disclaimers or limitations of liability in this Section 8 or elsewhere in the EULA are declared to be void or unenforceable, then JUNGLE GAMES’ liability shall be limited to the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written, express or implied.
THIRD-PARTY SITES
The Game may contain links to third party websites. The third-party websites are not under the control of JUNGLE GAMES and JUNGLE GAMES is not responsible for the contents of the same, including without limitation any link contained therein. JUNGLE GAMES is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JUNGLE GAMES of the website or any association with its operators.
INDEMNITY
You shall defend, indemnify and hold harmless JUNGLE GAMES and its 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); and (iii) your playing of the Game.
AMENDMENTS TO EULA
JUNGLE GAMES may, in its sole discretion, amend the EULA from time to time by posting an amended version at www.tarzanvirtualreality.com/eula and/or notifying you when you attempt to access the Game. You must accept the amended EULA in order to continue to play the Game.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in Section 2, Termination.
GOVERNING LAW AND JURISDICTION
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of the State of South Carolina in the United States of America.
If you access the Game from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Game in any manner prohibited by any applicable laws, restrictions or regulations.
DISPUTE RESOLUTION
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to or use of the Game, Game Content and/or the rights and obligations of the parties hereto, shall be resolved solely by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, in a location mutually agreed upon by the parties. If the parties cannot agree on a location, the arbitration will be conducted telephonically. The arbitrator's award will be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorney's fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire Dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of this Agreement.
The EULA will be published in English. The EULA may be translated into one or more additional languages for convenience of the reader. If the EULA is published in any language other than English, the English language version of the EULA shall be the governing agreement and shall control all interpretation thereof.
MISCELLANEOUS
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the Game.
Except as otherwise provided herein, you may not assign or transfer the EULA or your rights thereunder, and any attempt to do so is void. The EULA, including any rules of conduct and the fees and payment terms as referenced there, and JUNGLE GAMES’ privacy policy, as each may be amended by JUNGLE GAMES from time to time, set forth the entire understanding and agreement between JUNGLE GAMES and you with respect to the subject matter hereof.
JUNGLE GAMES is authorized to assign the EULA and any of its rights, interests, or obligations hereunder without the prior approval of any other party. This EULA shall be binding upon and shall inure to benefit of JUNGLE GAMES’ successors and/or permitted assigns.
Except as provided above, or in a writing signed by both parties, the EULA may not be modified or amended. Not distributor, agent or employee of JUNGLE GAMES is authorized to make any modifications or additions to the EULA.
All notices to JUNGLE GAMES required or permitted by the EULA shall be by electronic mail at tarzan@funtrainvr.com unless stated otherwise in the EULA.