| Language: |
VR JETPACK GAME - EULA
LAST MODIFIED ON FEBRUARY 20, 2020 ("Effective Date")
IMPORTANT: PLEASE READ THE TERMS OF USE CAREFULLY BEFORE CONTINUING TO USE THE VR JETPACK GAME SOFTWARE OR MAKE USE OF ANY ASSOCIATED SERVICES.
BY PURCHASING DOWNLOADABLE CONTENT AND OTHER VIRTUAL ITEMS PURCHASED FOR USE IN THE VR JETPACK GAME GAME, YOU AGREE THAT THESE VIRTUAL ITEMS (I) HAVE NO REAL-WORLD VALUE, (II) ARE ONLY LICENSED, NOT SOLD, AND (III) MAY NOT BE TRANSFERRED IN ANY WAY. SEE SECTION 4 FOR MORE INFORMATION.
SECTION 17 OF THIS AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. PLEASE READ IT CAREFULLY.
WARNING:
VR JETPACK GAME CLOSELY SIMULATES FLYING AT HIGH SPEEDS AND ALTITUDE. IF YOU ARE SENSITIVE TO MOTION SICKNESS SUCH AS WITH ROLLERCOASTERS OR HAVE FEAR OF HEIGHTS, PROCEED WITH CAUTION OR DO NOT PLAY THIS GAME. AT NO POINT CAN THE GAME, ITS DISTRIBUTORS, OR OWNERS BE HELD LIABLE FOR ANY HARM OR DAMAGE FROM THE GAME. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO PLAY.
A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES OR BLACKOUTS WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS. EXPOSURE TO CERTAIN PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHEN PLAYING VIDEO GAMES MAY TRIGGER EPILEPTIC SEIZURES OR BLACKOUTS IN THESE INDIVIDUALS. THESE CONDITIONS MAY TRIGGER PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS OR SEIZURES IN PERSONS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY HAS AN EPILEPTIC CONDITION OR HAS HAD SEIZURES OF ANY KIND, CONSULT YOUR PHYSICIAN BEFORE PLAYING.
IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE RESUMING GAMEPLAY IF YOU OR YOUR CHILD EXPERIENCE ANY OF THE FOLLOWING HEALTH PROBLEMS OR SYMPTOMS: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, SEIZURES OR ANY INVOLUNTARY MOVEMENT OR CONVULSION. RESUME GAME PLAY ONLY ON APPROVAL OF YOUR PHYSICIAN.
STOP PLAYING THE GAME IMMEDIATELY IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS: LIGHTHEADEDNESS, NAUSEA, OR A SENSATION SIMILAR TO MOTION SICKNESS, DISCOMFORT OR PAIN IN THE EYES, EARS, HANDS ARMS, OR ANY OTHER PART OF THE BODY. IF THE CONDITION PERSISTS, CONSULT A DOCTOR.
This Terms of Use (the "Agreement") is a legal agreement between you as an individual and Autodidactic Studios LLC ("LLC," "we," "our," or "us"). It governs the terms and conditions relating to our operation and your use of the video game software known as "VR Jetpack Game" ("Game," "VR Jetpack Game," "VR JETPACK GAME," or "VRJPG"), which includes: (i) the VR Jetpack Game video game and associated software components; (ii) graphic and audio elements; (iii) Virtual Items; (iv) the VR Jetpack Game website located at www.vrjetpackgame.com (the "Site"); (v) social components (such as, but not limited to, on-line communities, forums, user-to-user communication, and chat rooms); (vi) online or electronic documentation; and (vii) other elements that may be added from time to time.
By using the Game, even without creating an account, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to download or use the Game.
We reserve the right to update this Agreement at any time, by posting the most current version of the Agreement on the Site or within the Game, with a new Effective Date shown. All changes in the Agreement are effective as of the Effective Date. Your continued use of the Game after we post any changes to the Agreement signifies your agreement to those changes. If you do not agree to the then-current Agreement, you must immediately stop using the Game.
Your use of the Game is solely controlled by this Agreement, which cannot be changed except by a written agreement signed by both you and an authorized representative of LLC. The Game and all associated components are licensed, not sold.
You must be at least 13 years of age to access and use the Game. If you are below such age, a parent or guardian must act on your behalf with regards to this Agreement.
ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT OR ANY PRIVILEGES ASSOCIATED WITH THE GAME, AS DETAILED BELOW.
1. Grant of License
Welcome to the VR Jetpack Game!
The Game is licensed to you by us for personal use on your personal computer or other authorized devices. All other uses are prohibited.
2. Accounts
2.1. Creation of Your Account. You need to register for an account to use the Game. You may only create an account if you are at least 13 years old. If you are at least 13 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an account with us in order for you to access and use the Game.
You may create an account through a registration form in the Game or by connecting a third-party login (such as a Steam or other account) to the Game. You are solely responsible for the activity that occurs on your account. You agree to keep your account and phone secure and to notify us immediately of any breach of security or unauthorized use of your account.
By creating an account with us, you authorize us to contact you by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your device may be capable of receiving, in accordance with our Privacy Policy.
2.2. Your Username. We reserve the right to force you to change your screen name if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) we deem it unacceptable by community standards, at our sole discretion.
2.3. Account Ownership. You may not buy, sell, give, or trade any account, nor attempt to buy, sell, give, or trade any account. Your account is only licensed to you and is not transferable.
2.4. Suspension of Accounts. We may, at our sole discretion, immediately suspend or terminate your access to the Game should your conduct, in our sole determination, fail to conform with this Agreement.
2.5. Data Charges. You agree that you are responsible for any internet data charges you incur through use of the Game.
3. User Conduct and Content
3.1. Conduct Policy. You are responsible for your conduct as a member of the VR Jetpack Game community and as a user of the Game.
You agree that you will not engage in conduct or communication in connection with the Game which:
- is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
- constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
- is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
- encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Game an uncomfortable experience for anyone;
- restricts, inhibits, or discourages any other user from using the Game;
- hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Game experience;
- violates any local, state, federal, or international laws or gives rise to civil liability;
- violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- imposes an unreasonable or disproportionately large load on the Game or otherwise interferes with the Game;
- is a "chain letter," or constitutes "junk mail";
- specifies or claims that that you are affiliated with LLC when you are not, including without limitation an "Administrator," "Moderator," or any other employee or agent of LLC;
- requests account login information from other users;
- "spoofs" (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
- uses programs to "crack" the Game or other Internet security tools;
- contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Game; or
- anything else that we, in our sole determination, deem harmful to the Game or to our integrity or business.
3.2. User Generated Content. Any information, material, and content which you and other users post, contribute, share, or otherwise submit through the Game is generally known as "user generated content," or "UGC" for short. Your UGC includes any posts, uploaded or shared audio, video, or images, or comments posted on any of the Game's chats, forums, comments sections, or other public and non-public venues.
By posting UGC, you represent (i) that you are the owner of the UGC or have all of the necessary rights to share the content, and (ii) give us permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.
This will include, for example, permission to make your UGC available through the Game to other users or to use it in our advertising. You are granting to every other user of the Game unlimited, non-terminable, and free permission to use all or any part of your UGC for non-commercial purposes.
3.3. Appropriateness of Content. You agree that some content may not be appropriate for sharing on the Game, including content that does not meet our community standards. The decision of what is and is not appropriate is at our sole discretion. YOU AGREE THAT WE HAVE THE RIGHT TO DISABLE ANY UGC, CONTENT, OR LINK THAT YOU HAVE POSTED, WITHOUT ANY NOTICE TO YOU.
3.4. Discoverability of UGC. We do not guarantee the privacy of any UGC. If you post any UGC on the Game, post a reply to another user's UGC, or interact with the Game in any way, it may potentially be visible to anyone.
4. Virtual Items
4.1. Purchase of Virtual Items. Virtual goods, downloadable content, Game enhancements and modifications, and virtual "tokens" or currency (collectively, "Virtual Items") may be offered for purchase through the Game, through associated websites or marketplaces, or may be earned through gameplay. Your election to make a purchase with real currency will be an offer to us to purchase a license to the Virtual Items at the prices and on the terms set forth on the Game or point of purchase.
4.2. Your Rights in Virtual Items. You agree that you have no right or title in or to any Virtual Items. We do not recognize any purported transfers of Virtual Items outside of the Game, or the purported sale, gift, or trade in the "real world" of anything that appears or originates in the Game. Virtual Items that may be originally acquired by "farming" are subject to confiscation by us.
4.3. No Sale of Virtual Items. You may not sell Virtual Items for "real" money or exchange those Virtual Items for value outside of the Game. To be clear, Virtual Items have no real-world value and are licensed, not owned.
4.4. Refunds of Virtual Items. Under no circumstances will refunds be given for Virtual Items. In connection with Virtual Items, all sales are final when the transaction has been processed.
5. Game Content
5.1. Access to Content. Game content, including yours and other users' UGC, VR Jetpack Game content, and all other text, videos, images, audio, and other content contained within the Game (the "Content"), is provided to you as-is. You may access this Content for your information and personal use solely as intended through the provided functionality of the Game and as permitted under this Agreement.
You may not copy, download, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without our prior written consent or the respective licensors of the Content, except as permitted under this Agreement. We and our licensors reserve all rights not expressly granted in and to the Game and the Content.
5.2. Streaming Content. You are permitted to stream or otherwise exhibit the Game, whether through the use of a "Streaming mode" made available through the Game or through other streaming services, for limited commercial purposes. This means that you may monetize your stream with ads or subscriptions but are not entitled to resell the videos or sell merchandise based on the Game.
5.3. Exposure to Content. You understand that when using the Game, you may be exposed to Content from a variety of sources, and that we are not responsible for prescreening, monitoring, editing, or removing such Content, nor for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
You understand that we are not responsible for the conduct of any user of the Game. You understand that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable.
5.4. Advertising. The Game may be supported by advertising revenue and may display sponsored advertisements and promotions within the Game. You understand that when using the Game, you may be exposed to those advertisements and promotional materials, either on their own or in conjunction with your UGC and other users' UGC. The way these materials are presented to you, including time, placement, appearance, and frequency, may change without any notice to you. These advertisements and promotions, along with other sponsored content and commercial communications, may not always be identified as such.
6. Other Rights and Limitations
6.1. Maintenance of Copyright and Trademark Notices. You agree not to remove or alter any copyright or trademark notices that appear anywhere within the Game.
6.2. Distribution. The license granted under this Agreement is non-transferable. The Game and your account are licensed for your use only and only on a personal computer or other authorized device. You may not distribute the Game to any third party.
6.3. Prohibition on Reverse Engineering. You may not reverse engineer, decompile, or disassemble the Game, or take any steps to recreate or recover the source code of the Game.
6.4. Support Services. We may, in its sole discretion, provide you with support services related to the Game ("Support Services"). We are not required to provide Support Services, unless otherwise required by applicable law. No failure to provide Support Services will be our default under this Agreement.
Our support for VR Jetpack Game may be reached via email at contact@vrjetpackgame.com.
6.5. Compliance with Applicable Laws. You agree to fully comply with all applicable laws regarding your use of the Game.
7. Term, Termination, Modification of Terms of Use
The term of this Agreement begins when you first download or access the Game and continues for as long as you have any copies of the Game in your possession or control. Without prejudice to any other of its rights, we may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you.
For example, we may elect to terminate this Agreement if we, in our sole determination, discontinue the Game, stop supporting or maintaining the Game, cease to provide updates, no longer offers the Game for license, or believe you have failed to comply with the terms and conditions of this Agreement.
In the event of termination, (i) no refunds will be made; and (ii) you must promptly destroy, uninstall, or delete all copies of the Game in your possession. If modification of the Agreement by us materially affects your rights in connection with the Game, as determined by us in our sole determination, we may, but is under no obligation to, notify you by sending an email message to your last email address known to us or through the Game. We have no liability if you do not receive our notification.
Termination of this Agreement can only occur after the deletion of all copies of the Game in your possession, and by deleting your account, if any, by notifying us at contact@vrjetpackgame.com.
8. Links
The Game, or third parties (including other Game users), may provide links within the Game to other websites, apps, content, or resources (the "Linked Services"), which are not maintained by, or related to us or the Game.
Links to the Linked Services are provided as a service to our users and are not sponsored by, endorsed, or otherwise affiliated with us. We have no control over these Linked Services and any content on them, and makes no representations or warranties about the content, completeness, quality, or accuracy of any such Linked Service.
Because of this, you acknowledge and agree that we are not responsible for the availability of such links, resources, and content, and that we do not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these Linked Services. You also acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by the use of any content, goods, or services offered through these Linked Services or any failures or disruption to your device that results from your use of any such Linked Services, or for any intellectual property or other third party claims relating to your posting or using such Linked Services.
Your conduct and business dealings between you and any third parties found through the Game are solely between you and that third party.
9. VR Jetpack Game Copyright and Trademark
All rights in and to the Game and any copies of the Game, are owned by Autodidatic I LLC (the "Owner"). Autodidactic Studios LLC is a licensed distributor and publisher. All title and intellectual property rights in and to the Content which may be accessed through use of the Game is the property of the Owner or its respective rights holders and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except in and in connection with the Game, as set forth in this Agreement. All rights not expressly granted are reserved by the Owner.
The VR Jetpack Game name and logo are the exclusive trademarks of the Owner, and may not be copied or used, in whole or in part, without the Owner's prior written permission.
10. Digital Millennium Copyright Act
If you are a copyright owner or their agent, and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the us to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent may be reached by physical or electronic mail at the following addresses:
Autodidactic Studios LLC
Attn: Legal
548 Market St #96191
San Francisco, CA 94104
Email:Â legal@vrjetpackgame.com
11. No Warranties
We expressly disclaim any warranty in, to, or for the Game. The Game is provided "As Is," without any express or implied warranty of any kind.
WE EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION.
YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH YOUR OPERATION OF THE GAME.
We do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the Game. We make no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. We further expressly disclaim any warranty or representation to any third party who may operate or otherwise utilize the Game. We cannot guarantee the integrity of the Game or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Game is loaded and operating.
12. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) RISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE GAME, OR THE USE OR INABILITY TO USE THE GAME BY ANY PARTY THAT MAY HAVE ACCESS TO THE GAME BY OR THROUGH YOU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO WHETHER SUCH DAMAGES, OR CLAIMS OF DAMAGES ARISE BASED IN CONTRACT, TORT OR OTHERWISE.
WE HAVE NO LIABILITY WITH RESPECT TO USER CONDUCT, UGC, THE CONTENT OF THE GAME, OR ANY PART OF THE GAME, INCLUDING BUT NOT LIMITED TO, ERRORS OR OMISSIONS, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
The limitation of liability set forth here may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.
We have NO LIABILITY with respect to any third-party content, including but not limited to advertisements, videos, images, or other content displayed as part of the Game.
We are not a backup service, and you agree and acknowledge that we have NO LIABILITY to keep backups or archive copies of your UGC or any Game-related content, including save game, game progress, and account data (together, the "Content"), and you agree not to rely on us to do so. We are NOT LIABLE for any loss of Content whatsoever.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF LLC FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO US $100.
13. Indemnification
You agree to indemnify and hold us, our subsidiaries, parent entities, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Agreement by you, including any use of UGC or Content other than as expressly authorized in these Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection with that breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Game.
14. Privacy Policy
Your privacy is important to us. In an effort to preserve your privacy, we agree that we will treat any personally identifying information that you submit through the Game in accordance with the terms outlined in its Privacy Policy, located at https://www.vrjetpackgame.com/privacy/
15. Disclosures Required by Law
At all times, we reserve the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
16. Dispute Resolution and Governing Law
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this Agreement is governed by and will be construed under the laws of California. Subject to Section 17 below, you agree to submit to the exclusive jurisdiction of the courts of San Francisco, California to resolve all disputes arising from or related to this Agreement.
17. Binding Arbitration
17.1. Agreement to Arbitrate Disputes. You and LLC agree that, except as provided in Section 17.5 below, all disputes arising from or related to this Agreement (each a "Claim"), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section and the JAMS Rules, the terms in this Section will control and prevail.
17.2. Arbitration Procedures. Except as otherwise set forth in Section 17.5 below, you may seek any non-injunctive remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and LLC will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of their decision regarding the Claim, the award given, and the arbitrator's findings and conclusions on which the decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court, rather than an arbitrator.
Except as otherwise provided in this Agreement, (i) you and LLC may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND LLC WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
17.3. Location. The arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone, or internet connection appearances.
17.4. Limitations. You and LLC agree that any arbitration will be limited to the Claim between LLC and you individually. YOU AND LLC AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
17.5. Exceptions to Arbitration. You and LLC agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of you or LLC's intellectual property rights or Owner's intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration with the other party's consent.
17.6. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All other fees and costs of the arbitration will be apportioned according to the JAMS Rules.
17.7. Severability. You and LLC agree that if any portion this Section is found illegal or unenforceable (except any portion of Section 17.5), that portion will be severed, and the remainder of the Section will be given full force and effect. If Section 17.5 is found to be illegal or unenforceable, then neither you nor LLC will elect to arbitrate any Claim falling within that portion of Section 17.5 found to be illegal or unenforceable. Such Claim will be exclusively decided by a court of competent jurisdiction within the City of San Francisco, California, and you and LLC agree to submit to the personal jurisdiction of that court.
18. California Residents: General Release
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
19. Miscellaneous Terms
19.1. Entire Agreement. This Agreement constitutes the entire agreement between you and LLC and governs the terms and conditions of your use of the Game, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LLC with respect to the Game. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use certain elements of the Game, affiliate or advertiser services, third-party content, or third-party software.
19.2. No Waiver. The failure of LLC to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by LLC must be in writing and signed by an authorized representative of LLC.
19.3. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
19.4. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
19.5. No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
For any questions, or to report any violations of this Agreement to LLC, please email us at legal@vrjetpackgame.com.
LAST MODIFIED ON FEBRUARY 20, 2020 ("Effective Date")
IMPORTANT: PLEASE READ THE TERMS OF USE CAREFULLY BEFORE CONTINUING TO USE THE VR JETPACK GAME SOFTWARE OR MAKE USE OF ANY ASSOCIATED SERVICES.
BY PURCHASING DOWNLOADABLE CONTENT AND OTHER VIRTUAL ITEMS PURCHASED FOR USE IN THE VR JETPACK GAME GAME, YOU AGREE THAT THESE VIRTUAL ITEMS (I) HAVE NO REAL-WORLD VALUE, (II) ARE ONLY LICENSED, NOT SOLD, AND (III) MAY NOT BE TRANSFERRED IN ANY WAY. SEE SECTION 4 FOR MORE INFORMATION.
SECTION 17 OF THIS AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. PLEASE READ IT CAREFULLY.
WARNING:
VR JETPACK GAME CLOSELY SIMULATES FLYING AT HIGH SPEEDS AND ALTITUDE. IF YOU ARE SENSITIVE TO MOTION SICKNESS SUCH AS WITH ROLLERCOASTERS OR HAVE FEAR OF HEIGHTS, PROCEED WITH CAUTION OR DO NOT PLAY THIS GAME. AT NO POINT CAN THE GAME, ITS DISTRIBUTORS, OR OWNERS BE HELD LIABLE FOR ANY HARM OR DAMAGE FROM THE GAME. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO PLAY.
A VERY SMALL PERCENTAGE OF INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES OR BLACKOUTS WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR FLASHING LIGHTS. EXPOSURE TO CERTAIN PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHEN PLAYING VIDEO GAMES MAY TRIGGER EPILEPTIC SEIZURES OR BLACKOUTS IN THESE INDIVIDUALS. THESE CONDITIONS MAY TRIGGER PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS OR SEIZURES IN PERSONS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY HAS AN EPILEPTIC CONDITION OR HAS HAD SEIZURES OF ANY KIND, CONSULT YOUR PHYSICIAN BEFORE PLAYING.
IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR PHYSICIAN BEFORE RESUMING GAMEPLAY IF YOU OR YOUR CHILD EXPERIENCE ANY OF THE FOLLOWING HEALTH PROBLEMS OR SYMPTOMS: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, SEIZURES OR ANY INVOLUNTARY MOVEMENT OR CONVULSION. RESUME GAME PLAY ONLY ON APPROVAL OF YOUR PHYSICIAN.
STOP PLAYING THE GAME IMMEDIATELY IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS: LIGHTHEADEDNESS, NAUSEA, OR A SENSATION SIMILAR TO MOTION SICKNESS, DISCOMFORT OR PAIN IN THE EYES, EARS, HANDS ARMS, OR ANY OTHER PART OF THE BODY. IF THE CONDITION PERSISTS, CONSULT A DOCTOR.
This Terms of Use (the "Agreement") is a legal agreement between you as an individual and Autodidactic Studios LLC ("LLC," "we," "our," or "us"). It governs the terms and conditions relating to our operation and your use of the video game software known as "VR Jetpack Game" ("Game," "VR Jetpack Game," "VR JETPACK GAME," or "VRJPG"), which includes: (i) the VR Jetpack Game video game and associated software components; (ii) graphic and audio elements; (iii) Virtual Items; (iv) the VR Jetpack Game website located at www.vrjetpackgame.com (the "Site"); (v) social components (such as, but not limited to, on-line communities, forums, user-to-user communication, and chat rooms); (vi) online or electronic documentation; and (vii) other elements that may be added from time to time.
By using the Game, even without creating an account, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to download or use the Game.
We reserve the right to update this Agreement at any time, by posting the most current version of the Agreement on the Site or within the Game, with a new Effective Date shown. All changes in the Agreement are effective as of the Effective Date. Your continued use of the Game after we post any changes to the Agreement signifies your agreement to those changes. If you do not agree to the then-current Agreement, you must immediately stop using the Game.
Your use of the Game is solely controlled by this Agreement, which cannot be changed except by a written agreement signed by both you and an authorized representative of LLC. The Game and all associated components are licensed, not sold.
You must be at least 13 years of age to access and use the Game. If you are below such age, a parent or guardian must act on your behalf with regards to this Agreement.
ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT OR ANY PRIVILEGES ASSOCIATED WITH THE GAME, AS DETAILED BELOW.
1. Grant of License
Welcome to the VR Jetpack Game!
The Game is licensed to you by us for personal use on your personal computer or other authorized devices. All other uses are prohibited.
2. Accounts
2.1. Creation of Your Account. You need to register for an account to use the Game. You may only create an account if you are at least 13 years old. If you are at least 13 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an account with us in order for you to access and use the Game.
You may create an account through a registration form in the Game or by connecting a third-party login (such as a Steam or other account) to the Game. You are solely responsible for the activity that occurs on your account. You agree to keep your account and phone secure and to notify us immediately of any breach of security or unauthorized use of your account.
By creating an account with us, you authorize us to contact you by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your device may be capable of receiving, in accordance with our Privacy Policy.
2.2. Your Username. We reserve the right to force you to change your screen name if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) we deem it unacceptable by community standards, at our sole discretion.
2.3. Account Ownership. You may not buy, sell, give, or trade any account, nor attempt to buy, sell, give, or trade any account. Your account is only licensed to you and is not transferable.
2.4. Suspension of Accounts. We may, at our sole discretion, immediately suspend or terminate your access to the Game should your conduct, in our sole determination, fail to conform with this Agreement.
2.5. Data Charges. You agree that you are responsible for any internet data charges you incur through use of the Game.
3. User Conduct and Content
3.1. Conduct Policy. You are responsible for your conduct as a member of the VR Jetpack Game community and as a user of the Game.
You agree that you will not engage in conduct or communication in connection with the Game which:
- is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
- constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
- is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
- encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Game an uncomfortable experience for anyone;
- restricts, inhibits, or discourages any other user from using the Game;
- hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Game experience;
- violates any local, state, federal, or international laws or gives rise to civil liability;
- violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- imposes an unreasonable or disproportionately large load on the Game or otherwise interferes with the Game;
- is a "chain letter," or constitutes "junk mail";
- specifies or claims that that you are affiliated with LLC when you are not, including without limitation an "Administrator," "Moderator," or any other employee or agent of LLC;
- requests account login information from other users;
- "spoofs" (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
- uses programs to "crack" the Game or other Internet security tools;
- contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Game; or
- anything else that we, in our sole determination, deem harmful to the Game or to our integrity or business.
3.2. User Generated Content. Any information, material, and content which you and other users post, contribute, share, or otherwise submit through the Game is generally known as "user generated content," or "UGC" for short. Your UGC includes any posts, uploaded or shared audio, video, or images, or comments posted on any of the Game's chats, forums, comments sections, or other public and non-public venues.
By posting UGC, you represent (i) that you are the owner of the UGC or have all of the necessary rights to share the content, and (ii) give us permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.
This will include, for example, permission to make your UGC available through the Game to other users or to use it in our advertising. You are granting to every other user of the Game unlimited, non-terminable, and free permission to use all or any part of your UGC for non-commercial purposes.
3.3. Appropriateness of Content. You agree that some content may not be appropriate for sharing on the Game, including content that does not meet our community standards. The decision of what is and is not appropriate is at our sole discretion. YOU AGREE THAT WE HAVE THE RIGHT TO DISABLE ANY UGC, CONTENT, OR LINK THAT YOU HAVE POSTED, WITHOUT ANY NOTICE TO YOU.
3.4. Discoverability of UGC. We do not guarantee the privacy of any UGC. If you post any UGC on the Game, post a reply to another user's UGC, or interact with the Game in any way, it may potentially be visible to anyone.
4. Virtual Items
4.1. Purchase of Virtual Items. Virtual goods, downloadable content, Game enhancements and modifications, and virtual "tokens" or currency (collectively, "Virtual Items") may be offered for purchase through the Game, through associated websites or marketplaces, or may be earned through gameplay. Your election to make a purchase with real currency will be an offer to us to purchase a license to the Virtual Items at the prices and on the terms set forth on the Game or point of purchase.
4.2. Your Rights in Virtual Items. You agree that you have no right or title in or to any Virtual Items. We do not recognize any purported transfers of Virtual Items outside of the Game, or the purported sale, gift, or trade in the "real world" of anything that appears or originates in the Game. Virtual Items that may be originally acquired by "farming" are subject to confiscation by us.
4.3. No Sale of Virtual Items. You may not sell Virtual Items for "real" money or exchange those Virtual Items for value outside of the Game. To be clear, Virtual Items have no real-world value and are licensed, not owned.
4.4. Refunds of Virtual Items. Under no circumstances will refunds be given for Virtual Items. In connection with Virtual Items, all sales are final when the transaction has been processed.
5. Game Content
5.1. Access to Content. Game content, including yours and other users' UGC, VR Jetpack Game content, and all other text, videos, images, audio, and other content contained within the Game (the "Content"), is provided to you as-is. You may access this Content for your information and personal use solely as intended through the provided functionality of the Game and as permitted under this Agreement.
You may not copy, download, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without our prior written consent or the respective licensors of the Content, except as permitted under this Agreement. We and our licensors reserve all rights not expressly granted in and to the Game and the Content.
5.2. Streaming Content. You are permitted to stream or otherwise exhibit the Game, whether through the use of a "Streaming mode" made available through the Game or through other streaming services, for limited commercial purposes. This means that you may monetize your stream with ads or subscriptions but are not entitled to resell the videos or sell merchandise based on the Game.
5.3. Exposure to Content. You understand that when using the Game, you may be exposed to Content from a variety of sources, and that we are not responsible for prescreening, monitoring, editing, or removing such Content, nor for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
You understand that we are not responsible for the conduct of any user of the Game. You understand that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable.
5.4. Advertising. The Game may be supported by advertising revenue and may display sponsored advertisements and promotions within the Game. You understand that when using the Game, you may be exposed to those advertisements and promotional materials, either on their own or in conjunction with your UGC and other users' UGC. The way these materials are presented to you, including time, placement, appearance, and frequency, may change without any notice to you. These advertisements and promotions, along with other sponsored content and commercial communications, may not always be identified as such.
6. Other Rights and Limitations
6.1. Maintenance of Copyright and Trademark Notices. You agree not to remove or alter any copyright or trademark notices that appear anywhere within the Game.
6.2. Distribution. The license granted under this Agreement is non-transferable. The Game and your account are licensed for your use only and only on a personal computer or other authorized device. You may not distribute the Game to any third party.
6.3. Prohibition on Reverse Engineering. You may not reverse engineer, decompile, or disassemble the Game, or take any steps to recreate or recover the source code of the Game.
6.4. Support Services. We may, in its sole discretion, provide you with support services related to the Game ("Support Services"). We are not required to provide Support Services, unless otherwise required by applicable law. No failure to provide Support Services will be our default under this Agreement.
Our support for VR Jetpack Game may be reached via email at contact@vrjetpackgame.com.
6.5. Compliance with Applicable Laws. You agree to fully comply with all applicable laws regarding your use of the Game.
7. Term, Termination, Modification of Terms of Use
The term of this Agreement begins when you first download or access the Game and continues for as long as you have any copies of the Game in your possession or control. Without prejudice to any other of its rights, we may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you.
For example, we may elect to terminate this Agreement if we, in our sole determination, discontinue the Game, stop supporting or maintaining the Game, cease to provide updates, no longer offers the Game for license, or believe you have failed to comply with the terms and conditions of this Agreement.
In the event of termination, (i) no refunds will be made; and (ii) you must promptly destroy, uninstall, or delete all copies of the Game in your possession. If modification of the Agreement by us materially affects your rights in connection with the Game, as determined by us in our sole determination, we may, but is under no obligation to, notify you by sending an email message to your last email address known to us or through the Game. We have no liability if you do not receive our notification.
Termination of this Agreement can only occur after the deletion of all copies of the Game in your possession, and by deleting your account, if any, by notifying us at contact@vrjetpackgame.com.
8. Links
The Game, or third parties (including other Game users), may provide links within the Game to other websites, apps, content, or resources (the "Linked Services"), which are not maintained by, or related to us or the Game.
Links to the Linked Services are provided as a service to our users and are not sponsored by, endorsed, or otherwise affiliated with us. We have no control over these Linked Services and any content on them, and makes no representations or warranties about the content, completeness, quality, or accuracy of any such Linked Service.
Because of this, you acknowledge and agree that we are not responsible for the availability of such links, resources, and content, and that we do not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these Linked Services. You also acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by the use of any content, goods, or services offered through these Linked Services or any failures or disruption to your device that results from your use of any such Linked Services, or for any intellectual property or other third party claims relating to your posting or using such Linked Services.
Your conduct and business dealings between you and any third parties found through the Game are solely between you and that third party.
9. VR Jetpack Game Copyright and Trademark
All rights in and to the Game and any copies of the Game, are owned by Autodidatic I LLC (the "Owner"). Autodidactic Studios LLC is a licensed distributor and publisher. All title and intellectual property rights in and to the Content which may be accessed through use of the Game is the property of the Owner or its respective rights holders and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except in and in connection with the Game, as set forth in this Agreement. All rights not expressly granted are reserved by the Owner.
The VR Jetpack Game name and logo are the exclusive trademarks of the Owner, and may not be copied or used, in whole or in part, without the Owner's prior written permission.
10. Digital Millennium Copyright Act
If you are a copyright owner or their agent, and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the us to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent may be reached by physical or electronic mail at the following addresses:
Autodidactic Studios LLC
Attn: Legal
548 Market St #96191
San Francisco, CA 94104
Email:Â legal@vrjetpackgame.com
11. No Warranties
We expressly disclaim any warranty in, to, or for the Game. The Game is provided "As Is," without any express or implied warranty of any kind.
WE EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION.
YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH YOUR OPERATION OF THE GAME.
We do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the Game. We make no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. We further expressly disclaim any warranty or representation to any third party who may operate or otherwise utilize the Game. We cannot guarantee the integrity of the Game or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Game is loaded and operating.
12. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) RISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE GAME, OR THE USE OR INABILITY TO USE THE GAME BY ANY PARTY THAT MAY HAVE ACCESS TO THE GAME BY OR THROUGH YOU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO WHETHER SUCH DAMAGES, OR CLAIMS OF DAMAGES ARISE BASED IN CONTRACT, TORT OR OTHERWISE.
WE HAVE NO LIABILITY WITH RESPECT TO USER CONDUCT, UGC, THE CONTENT OF THE GAME, OR ANY PART OF THE GAME, INCLUDING BUT NOT LIMITED TO, ERRORS OR OMISSIONS, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
The limitation of liability set forth here may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.
We have NO LIABILITY with respect to any third-party content, including but not limited to advertisements, videos, images, or other content displayed as part of the Game.
We are not a backup service, and you agree and acknowledge that we have NO LIABILITY to keep backups or archive copies of your UGC or any Game-related content, including save game, game progress, and account data (together, the "Content"), and you agree not to rely on us to do so. We are NOT LIABLE for any loss of Content whatsoever.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF LLC FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO US $100.
13. Indemnification
You agree to indemnify and hold us, our subsidiaries, parent entities, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Agreement by you, including any use of UGC or Content other than as expressly authorized in these Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection with that breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Game.
14. Privacy Policy
Your privacy is important to us. In an effort to preserve your privacy, we agree that we will treat any personally identifying information that you submit through the Game in accordance with the terms outlined in its Privacy Policy, located at https://www.vrjetpackgame.com/privacy/
15. Disclosures Required by Law
At all times, we reserve the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
16. Dispute Resolution and Governing Law
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this Agreement is governed by and will be construed under the laws of California. Subject to Section 17 below, you agree to submit to the exclusive jurisdiction of the courts of San Francisco, California to resolve all disputes arising from or related to this Agreement.
17. Binding Arbitration
17.1. Agreement to Arbitrate Disputes. You and LLC agree that, except as provided in Section 17.5 below, all disputes arising from or related to this Agreement (each a "Claim"), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section and the JAMS Rules, the terms in this Section will control and prevail.
17.2. Arbitration Procedures. Except as otherwise set forth in Section 17.5 below, you may seek any non-injunctive remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and LLC will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of their decision regarding the Claim, the award given, and the arbitrator's findings and conclusions on which the decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court, rather than an arbitrator.
Except as otherwise provided in this Agreement, (i) you and LLC may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND LLC WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
17.3. Location. The arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone, or internet connection appearances.
17.4. Limitations. You and LLC agree that any arbitration will be limited to the Claim between LLC and you individually. YOU AND LLC AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
17.5. Exceptions to Arbitration. You and LLC agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of you or LLC's intellectual property rights or Owner's intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration with the other party's consent.
17.6. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All other fees and costs of the arbitration will be apportioned according to the JAMS Rules.
17.7. Severability. You and LLC agree that if any portion this Section is found illegal or unenforceable (except any portion of Section 17.5), that portion will be severed, and the remainder of the Section will be given full force and effect. If Section 17.5 is found to be illegal or unenforceable, then neither you nor LLC will elect to arbitrate any Claim falling within that portion of Section 17.5 found to be illegal or unenforceable. Such Claim will be exclusively decided by a court of competent jurisdiction within the City of San Francisco, California, and you and LLC agree to submit to the personal jurisdiction of that court.
18. California Residents: General Release
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
19. Miscellaneous Terms
19.1. Entire Agreement. This Agreement constitutes the entire agreement between you and LLC and governs the terms and conditions of your use of the Game, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LLC with respect to the Game. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use certain elements of the Game, affiliate or advertiser services, third-party content, or third-party software.
19.2. No Waiver. The failure of LLC to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by LLC must be in writing and signed by an authorized representative of LLC.
19.3. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
19.4. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
19.5. No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
For any questions, or to report any violations of this Agreement to LLC, please email us at legal@vrjetpackgame.com.