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REGULATIONS
I. General Provisions
1. The present Regulations define terms of provision of Services by MReality to the Users, including License terms of use of the Application allowing the use of the Services by the Users.
2. Services provided by MReality represent services provided by electronic means in understanding of the Polish Act on Providing Services by Electronic Means dated by 18 July 2002 (Journal of Laws No. 144, pos. 1204, as amended).
3. Use of the Services provided by MReality is free of charge.
4. Download of the Application by the User is equivalent to acceptance of the present Regulations, in particular, provisions referring to conditions of License provision contained therein.
II. Glossary
Capitalized terms contained in the present Regulations have the following meaning:
1. Application – software created by MReality, enabling the use of the Services and being a component of the Services’ content in understanding of the Act;
2. License – has the meaning assigned in the clause VI.2 of the Regulations;
3. MReality – the company Mixed Reality sp. z o.o., located in Warsaw at 10 Maurycego Mochnackiego str., 02-042 Warsaw, Poland, inscribed in the Register of Entrepreneurs kept by the District Court of the city of Warsaw in Warsaw, XII Economic Department of the National Court Register under the number 0000632642, Taxpayer’s number: 7010605671, Statistical number: 365205570, e-mail: contact@basement-vr.com;
4. Platform – social platform, created and administered by MReality, designed, in particular, for content sharing and publishing by the Users, including information, videos, photos;
5. Profile – Internet profile of the User on the Platform;
6. Regulations – the present Regulations;
7. Services – electronic services in understanding of the Act, provided by MReality through the Application, enabling to use of the Platform and its functions;
8. Act – the Polish Act on Providing Services by Electronic Means dated by 18 July 2002 (Journal of Laws No. 144, pos. 1204, as amended);
9. User – any individual or legal entity, using the Services.
III. Rules of Use of the Services
1. It is necessary to start the Application to use the Services.
2. The User shall be obliged to use the Services in compliance with the Regulations. Breaking the Regulations may result in blocking of the possibility of use of the Services or deleting the User’s Profile.
3. While using the Services, the User can use any nickname, however, it cannot have a form, which could be taken as offensive, promoting racial or religious intolerance or any form of discrimination.
4. By publishing content, including photos, videos and personal data, on the Platform, the User agrees with making them available to other Users.
5. It is forbidden to publish illegal content on the Platform, in particular, appealing to racial, ethnical, religious intolerance, content of pornographic nature, praising Nazism, communism, promoting violence, vulgar, offending religious feelings or infringing the rights of other people.
6. MReality has the right to delete content published by the User, as well as block the User’s Profile, if it considers his/her publications or actions to be breaching generally applicable provisions of law, rights of third parties (in particular, intellectual property rights), personal goods of third parties, rules of social co-existence or provisions of the present Regulations.
7. The User takes notice of the following:
(a) the Platform is not a tool for saving and storing the content published by the User. MReality does not guarantee that the content, published by the User, will be permanently accessible on the Platform;
(b) MReality has no obligation of checking the content published by the User on the Platform. If any part of the content, published on the Platform, breaks the rules stipulated by the Regulations, including breaking generally applicable provisions of law, rights of third parties or rules of social co-existence, MReality should be informed about it through contact@basement-vr.com with indication of the Profile, which makes this content accessible, and information about the nature of the breach.
IV. Technical Requirements and Threats
1. Use of the Services requires the following:
(a) virtual reality headset;
(b) access to broadband internet;
(c) installation of the Application on a PC or a laptop, complying with the following minimal technical data:
(i) Operating system: 7 (Recommended: 10);
(ii) Processor: Intel™ Core™ i5-4590 or AMD FX™ 8350;
(iii) Graphic map: NVIDIA GeForce™ GTX 1060 or AMD Radeon™ RX 480;
(iv) DirectX: Version 9.0;
(v) Hard disk space: ~500 MB.
2. Use of the Services does not bring particular threats, relating to the use of services provided by electronic means.
3. Taking care of welfare and health of the Users, MReality herewith informs and warns about potential risks relating to the use of virtual reality headsets, in particular, simulation sickness, which, in particular, may manifest through vertigo, excessive sweating, nausea, headache, balance disorders, somnolence, limited concentration ability.
V. Conclusion and Termination of the Contract for Services
1. The contract for Services is concluded at the moment of installation of the Application, enabling the use of the Services by the User.
2. The contract for Services is terminated at the moment of:
(a) uninstallation of the Application by the User:
(b) blocking of the possibility of using the Services for the User, including blocking the Profile in cases foreseen by the Regulations; or
(c) stopping rendering Services by MReality.
VI. Providing License for Use of the Application
1. All proprietary rights and intellectual property rights for the Application belong to MReality.
2. At the moment of downloading of the Application by the User, MReality is granting the User free of charge, non-exclusive, unlimited in space and time license for use of the Application with the purpose to use the Services under the terms stipulated by the present Regulations („The License”).
3. The License is provided until the moment of the Application uninstallation by the User or termination of the Contract for Services, whichever event occurs earlier.
4. The License is provided within the following fields of use:
(a) use of the Application by the User in accordance with its purpose, including installation, starting, browsing, displaying and storage;
(b) permanent or temporary saving or copying, in full or in part, in the User’s device storage in the form of executable installation file or installed Application, including copying in temporary or ram storage, within the scope necessary for use of the Application.
5. The License does not authorize the User for making any changes or modifications of the Application.
6. The Application can automatically download and install updates, meant for its improvement and development. The provided license covers every update of the Application within the scope, provided to the User.
VII. Rights for Content Published by the Users
1. The User hereby declares that:
(a) s/he is the owner of the content published by him/her on the Platform or has another legal title, authorizing him/her to publish on the Platform and provide license to MReality, in accordance with the provisions of the clause VII.2 of the Regulations;
(b) s/he assures that the content published by him/her on the Platform, does not violate the rights of third parties.
2. From the moment of publishing of the content on the Platform, the User provides MReality with unlimited in space, free of charge, transferable, non-exclusive license for the published content with the right to provide further sub-license. The license provided to MReality includes the right to use, copy, change, modify, distribute, publish and process the content published by the User on the Platform. The license is provided for undefined period and expires at the moment of deleting the content from the Platform by the User of deleting of the User’s Profile.
3. The User hereby declares and confirms that s/he is aware of the following:
(a) the rights for the content published on the Platform by other Users belong to these Users;
(b) MReality does not provide the User with the license for use of the content published by other Users;
(c) use of the content published by another User, which may be protected by copyright or another right or international treaties, is only possible under the consent of the publishing User, or when it is clearly permitted.
4. In case of claims of other Users or third parties made against MReality of violation of any rights of theirs, in particular, in the result of publication of content on the Platform by the User, the User shall be obliged to cover related expenses of MReality, including eventual court expenses, legal representation costs, as well as compensations awarded or established under agreement, and upon first request from MReality shall take the place of MReality in legal or extrajudicial procedure or enters the case on MReality’s side as a secondary intervener.
VIII. Liability
1. MReality puts due efforts to provide efficient operation of the Services, however, MReality does not guarantee permanent availability of the Services or their part, as well as their error-free operation, and the User uses the Services at his own responsibility and risk.
2. Liability of MReality is limited to liability for damage incurred by the Users under willful misconduct of MReality.
3. MReality shall not be liable for the following:
(a) content published by the Users through the Platform;
(b) damage incurred due to the actions of the other Users;
(c) lost Users’ data;
(d) lost benefits and indirect loss born by the other Users;
(e) difficulties in use of the Services, as well as unavailability of the Services or their part, caused, in particular, by: (i) improper technical configuration of devices used by the User; (ii) telecommunication network breakdown; (iii) Acts of God.
4. MReality reserves the right for the following:
(a) temporary suspension of providing the Services or their part due to technical operations or other circumstances, which may impede or make providing of the Services impossible;
(b) stop rendering Services at any time.
IX. COMPLAINTS
1. The User is entitled to submit complaints relating to the Services. To submit a complaints, the User should contact MReality through contact@basement-vr.com.
2. The complaints should indicate the following:
(a) the User’s data (his/her nickname or Profile name);
(b) comments/allegations of the User;
(c) circumstances confirming the comments/allegations of the User.
3. MReality shall be obliged to provide response to the User’s complaint within a period not exceeding 14 days from the date of its submission. The response to complaints claim should indicate whether MReality accepts or refuses to accept the complaint.
X. Personal Data
1. MReality is the administrator of personal data located on the Platform. Each User has the right to access and correct personal data provided by him/her. Personal data of the Users will be processed by MReality in compliance with the Polish Act on Protection of Personal Data dated by 29 August 1997 (unified text: Journal of Laws for 2002, No. 101, pos. 926 as amended).
2. Personal data of the Users will be processed with the purpose to provide the Services. MReality reserves the right to process personal data of the Users also for other purposes, permitted by law.
3. Personal data of the Users are not and will not be provided to third parties, individuals or entities, except the case when it is required for providing the Services, when the User has expressed his/her consent, or in other cases permitted by law.
4. The User hereby declares that s/he is aware that personal data, published by him/her on the Platform, will be visible to other Users.
XI. Final Provisions
1. The present Regulations, methods of their interpretation, execution and disputes relating to their improper fulfilment are subject to Polish law and jurisdiction of general competent court at the location of MReality.
2. The present Regulations, prepared in Polish and English languages, are available at: http://www.basement-vr.com/. In case of discrepancies between the English and Polish versions, the Polish version of the Regulations prevails.
3. MReality is entitled to unilaterally modify the Regulations, including, in particular, terms of Service providing. All changes shall come into effect at the moment of their publication. In case of unacceptance of the changes by the User, the User should terminate the contract for Services through uninstallation of the Application. Using the Services after modification of the Regulations shall be deemed as acceptance of changes in the Regulations by the User.
I. General Provisions
1. The present Regulations define terms of provision of Services by MReality to the Users, including License terms of use of the Application allowing the use of the Services by the Users.
2. Services provided by MReality represent services provided by electronic means in understanding of the Polish Act on Providing Services by Electronic Means dated by 18 July 2002 (Journal of Laws No. 144, pos. 1204, as amended).
3. Use of the Services provided by MReality is free of charge.
4. Download of the Application by the User is equivalent to acceptance of the present Regulations, in particular, provisions referring to conditions of License provision contained therein.
II. Glossary
Capitalized terms contained in the present Regulations have the following meaning:
1. Application – software created by MReality, enabling the use of the Services and being a component of the Services’ content in understanding of the Act;
2. License – has the meaning assigned in the clause VI.2 of the Regulations;
3. MReality – the company Mixed Reality sp. z o.o., located in Warsaw at 10 Maurycego Mochnackiego str., 02-042 Warsaw, Poland, inscribed in the Register of Entrepreneurs kept by the District Court of the city of Warsaw in Warsaw, XII Economic Department of the National Court Register under the number 0000632642, Taxpayer’s number: 7010605671, Statistical number: 365205570, e-mail: contact@basement-vr.com;
4. Platform – social platform, created and administered by MReality, designed, in particular, for content sharing and publishing by the Users, including information, videos, photos;
5. Profile – Internet profile of the User on the Platform;
6. Regulations – the present Regulations;
7. Services – electronic services in understanding of the Act, provided by MReality through the Application, enabling to use of the Platform and its functions;
8. Act – the Polish Act on Providing Services by Electronic Means dated by 18 July 2002 (Journal of Laws No. 144, pos. 1204, as amended);
9. User – any individual or legal entity, using the Services.
III. Rules of Use of the Services
1. It is necessary to start the Application to use the Services.
2. The User shall be obliged to use the Services in compliance with the Regulations. Breaking the Regulations may result in blocking of the possibility of use of the Services or deleting the User’s Profile.
3. While using the Services, the User can use any nickname, however, it cannot have a form, which could be taken as offensive, promoting racial or religious intolerance or any form of discrimination.
4. By publishing content, including photos, videos and personal data, on the Platform, the User agrees with making them available to other Users.
5. It is forbidden to publish illegal content on the Platform, in particular, appealing to racial, ethnical, religious intolerance, content of pornographic nature, praising Nazism, communism, promoting violence, vulgar, offending religious feelings or infringing the rights of other people.
6. MReality has the right to delete content published by the User, as well as block the User’s Profile, if it considers his/her publications or actions to be breaching generally applicable provisions of law, rights of third parties (in particular, intellectual property rights), personal goods of third parties, rules of social co-existence or provisions of the present Regulations.
7. The User takes notice of the following:
(a) the Platform is not a tool for saving and storing the content published by the User. MReality does not guarantee that the content, published by the User, will be permanently accessible on the Platform;
(b) MReality has no obligation of checking the content published by the User on the Platform. If any part of the content, published on the Platform, breaks the rules stipulated by the Regulations, including breaking generally applicable provisions of law, rights of third parties or rules of social co-existence, MReality should be informed about it through contact@basement-vr.com with indication of the Profile, which makes this content accessible, and information about the nature of the breach.
IV. Technical Requirements and Threats
1. Use of the Services requires the following:
(a) virtual reality headset;
(b) access to broadband internet;
(c) installation of the Application on a PC or a laptop, complying with the following minimal technical data:
(i) Operating system: 7 (Recommended: 10);
(ii) Processor: Intel™ Core™ i5-4590 or AMD FX™ 8350;
(iii) Graphic map: NVIDIA GeForce™ GTX 1060 or AMD Radeon™ RX 480;
(iv) DirectX: Version 9.0;
(v) Hard disk space: ~500 MB.
2. Use of the Services does not bring particular threats, relating to the use of services provided by electronic means.
3. Taking care of welfare and health of the Users, MReality herewith informs and warns about potential risks relating to the use of virtual reality headsets, in particular, simulation sickness, which, in particular, may manifest through vertigo, excessive sweating, nausea, headache, balance disorders, somnolence, limited concentration ability.
V. Conclusion and Termination of the Contract for Services
1. The contract for Services is concluded at the moment of installation of the Application, enabling the use of the Services by the User.
2. The contract for Services is terminated at the moment of:
(a) uninstallation of the Application by the User:
(b) blocking of the possibility of using the Services for the User, including blocking the Profile in cases foreseen by the Regulations; or
(c) stopping rendering Services by MReality.
VI. Providing License for Use of the Application
1. All proprietary rights and intellectual property rights for the Application belong to MReality.
2. At the moment of downloading of the Application by the User, MReality is granting the User free of charge, non-exclusive, unlimited in space and time license for use of the Application with the purpose to use the Services under the terms stipulated by the present Regulations („The License”).
3. The License is provided until the moment of the Application uninstallation by the User or termination of the Contract for Services, whichever event occurs earlier.
4. The License is provided within the following fields of use:
(a) use of the Application by the User in accordance with its purpose, including installation, starting, browsing, displaying and storage;
(b) permanent or temporary saving or copying, in full or in part, in the User’s device storage in the form of executable installation file or installed Application, including copying in temporary or ram storage, within the scope necessary for use of the Application.
5. The License does not authorize the User for making any changes or modifications of the Application.
6. The Application can automatically download and install updates, meant for its improvement and development. The provided license covers every update of the Application within the scope, provided to the User.
VII. Rights for Content Published by the Users
1. The User hereby declares that:
(a) s/he is the owner of the content published by him/her on the Platform or has another legal title, authorizing him/her to publish on the Platform and provide license to MReality, in accordance with the provisions of the clause VII.2 of the Regulations;
(b) s/he assures that the content published by him/her on the Platform, does not violate the rights of third parties.
2. From the moment of publishing of the content on the Platform, the User provides MReality with unlimited in space, free of charge, transferable, non-exclusive license for the published content with the right to provide further sub-license. The license provided to MReality includes the right to use, copy, change, modify, distribute, publish and process the content published by the User on the Platform. The license is provided for undefined period and expires at the moment of deleting the content from the Platform by the User of deleting of the User’s Profile.
3. The User hereby declares and confirms that s/he is aware of the following:
(a) the rights for the content published on the Platform by other Users belong to these Users;
(b) MReality does not provide the User with the license for use of the content published by other Users;
(c) use of the content published by another User, which may be protected by copyright or another right or international treaties, is only possible under the consent of the publishing User, or when it is clearly permitted.
4. In case of claims of other Users or third parties made against MReality of violation of any rights of theirs, in particular, in the result of publication of content on the Platform by the User, the User shall be obliged to cover related expenses of MReality, including eventual court expenses, legal representation costs, as well as compensations awarded or established under agreement, and upon first request from MReality shall take the place of MReality in legal or extrajudicial procedure or enters the case on MReality’s side as a secondary intervener.
VIII. Liability
1. MReality puts due efforts to provide efficient operation of the Services, however, MReality does not guarantee permanent availability of the Services or their part, as well as their error-free operation, and the User uses the Services at his own responsibility and risk.
2. Liability of MReality is limited to liability for damage incurred by the Users under willful misconduct of MReality.
3. MReality shall not be liable for the following:
(a) content published by the Users through the Platform;
(b) damage incurred due to the actions of the other Users;
(c) lost Users’ data;
(d) lost benefits and indirect loss born by the other Users;
(e) difficulties in use of the Services, as well as unavailability of the Services or their part, caused, in particular, by: (i) improper technical configuration of devices used by the User; (ii) telecommunication network breakdown; (iii) Acts of God.
4. MReality reserves the right for the following:
(a) temporary suspension of providing the Services or their part due to technical operations or other circumstances, which may impede or make providing of the Services impossible;
(b) stop rendering Services at any time.
IX. COMPLAINTS
1. The User is entitled to submit complaints relating to the Services. To submit a complaints, the User should contact MReality through contact@basement-vr.com.
2. The complaints should indicate the following:
(a) the User’s data (his/her nickname or Profile name);
(b) comments/allegations of the User;
(c) circumstances confirming the comments/allegations of the User.
3. MReality shall be obliged to provide response to the User’s complaint within a period not exceeding 14 days from the date of its submission. The response to complaints claim should indicate whether MReality accepts or refuses to accept the complaint.
X. Personal Data
1. MReality is the administrator of personal data located on the Platform. Each User has the right to access and correct personal data provided by him/her. Personal data of the Users will be processed by MReality in compliance with the Polish Act on Protection of Personal Data dated by 29 August 1997 (unified text: Journal of Laws for 2002, No. 101, pos. 926 as amended).
2. Personal data of the Users will be processed with the purpose to provide the Services. MReality reserves the right to process personal data of the Users also for other purposes, permitted by law.
3. Personal data of the Users are not and will not be provided to third parties, individuals or entities, except the case when it is required for providing the Services, when the User has expressed his/her consent, or in other cases permitted by law.
4. The User hereby declares that s/he is aware that personal data, published by him/her on the Platform, will be visible to other Users.
XI. Final Provisions
1. The present Regulations, methods of their interpretation, execution and disputes relating to their improper fulfilment are subject to Polish law and jurisdiction of general competent court at the location of MReality.
2. The present Regulations, prepared in Polish and English languages, are available at: http://www.basement-vr.com/. In case of discrepancies between the English and Polish versions, the Polish version of the Regulations prevails.
3. MReality is entitled to unilaterally modify the Regulations, including, in particular, terms of Service providing. All changes shall come into effect at the moment of their publication. In case of unacceptance of the changes by the User, the User should terminate the contract for Services through uninstallation of the Application. Using the Services after modification of the Regulations shall be deemed as acceptance of changes in the Regulations by the User.