SPORTSBARVR for OCULUS
END USER LICENSE AGREEMENT
Thank you for your interest in SPORTSBARVR, a virtual reality sports & social hangout game ("SPORTSBARVR" or the "Game"). SPORTSBARVR is offered by CHERRY POP GAMES & PERILOUS ORBIT. You may play SPORTSBARVR by downloading it from the OCULUS Corporation and using it on your device.
To play SPORTSBARVR, CHERRY POP GAMES & PERILOUS ORBIT 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 SPORTSBARVR. By downloading and/or playing SPORTSBARVR, you accept the terms and conditions in the EULA. If you do not accept the terms and conditions in the EULA, you must not download, access or play SPORTSBARVR and must discontinue its use immediately.
REQUIREMENTS TO PLAY
To play SPORTSBARVR, you must: (i) pay a fee, as charged by CHERRY POP GAMES & PERILOUS ORBIT's Partners, for your copy of SPORTSBARVR; (ii) download a copy of SPORTSBARVR to an authorized system and (iii); comply with this EULA.
TERMINATION; SUSPENSION OF ACCOUNT
A. By CHERRY POP GAMES & PERILOUS ORBIT for Termination of the Game
CHERRY POP GAMES & PERILOUS ORBIT does not guarantee that it will continue to support the Game indefinitely. CHERRY POP GAMES & PERILOUS ORBIT may, in its sole discretion, cease to provide any or all of the items or services offered in connection with SPORTSBARVR (including patches and updates) and terminate the EULA. CHERRY POP GAMES & PERILOUS ORBIT 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 CHERRY POP GAMES & PERILOUS ORBIT's website; (iii) via electronic mail; or (iv) in another manner that CHERRY POP GAMES & PERILOUS ORBIT deems suitable to inform you of the termination. If CHERRY POP GAMES & PERILOUS ORBIT terminates the EULA pursuant to this section, you will not be entitled to receive a refund of any Fees.
B. By CHERRY POP GAMES & PERILOUS ORBIT for Breach or Misconduct
CHERRY POP GAMES & PERILOUS ORBIT, 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) CHERRY POP GAMES & PERILOUS ORBIT is unable to verify or authenticate any information you provide; (iii) you or anyone using accessing SPORTSBARVR materially breaches the EULA, makes any unauthorized use of the Game, or infringes the rights of CHERRY POP GAMES, PERILOUS ORBIT or any third party; or (iv) CHERRY POP GAMES or PERILOUS ORBIT becomes aware of gameplay that is, in CHERRY POP GAMES or PERILOUS ORBIT's discretion, inappropriate, offensive, or in violation of the rules of conduct. CHERRY POP GAMES & PERILOUS ORBIT may, but is not obligated to, provide notice of termination via electronic mail, or any other means reasonably calculated to reach you.
Termination by CHERRY POP GAMES & PERILOUS ORBIT under this section shall be without prejudice to or waiver of any and all of CHERRY POP GAMES & PERILOUS ORBIT's 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.
C. By You
i. Termination of EULA
You may terminate the EULA upon notice to CHERRY POP GAMES & PERILOUS ORBIT 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.
ii. 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 CHERRY POP GAMES & PERILOUS ORBIT via electronic mail to TERM_EULA at PERILOUS ORBIT dot 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.
D. 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 SPORTSBARVR, or for any other compensation.
A. Specifically Restricted Conduct
Your license to play the Game is subject to proper conduct. Without limiting CHERRY POP GAMES & PERILOUS ORBIT's rights to control the Game environment, and the conduct of the players within that environment, CHERRY POP GAMES & PERILOUS ORBIT prohibits the following practices:
You may not use your own or third-party software to modify any content appearing within the Game environment or change how the Game is played.
You may not 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. You may not 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.
You may not 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.
You may not submit any content to any chat room or other public forum hosted by CHERRY POP GAMES & PERILOUS ORBIT 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.
B. Compliance with Rules of Conduct
Transmissions of information by you to CHERRY POP GAMES & PERILOUS ORBIT are not private. You acknowledge and agree that you have no expectation of privacy regarding transmission of information you make in the Game.
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.
A. Limited License
Subject to the other terms of the EULA, CHERRY POP GAMES & PERILOUS ORBIT grants you a limited, non-exclusive, revocable license to use SPORTSBARVR and its accompanying documentation solely in order to play the Game.
You may use only one copy of the Game. You must pay for and download a separate copy of the Game for each device you intend to use to access and play the Game on; e.g., if you have 2 devices, you must have 2 licensed copies of the Game. You may make one (1) copy of the Game for backup or archival purposes.
B. Specific Restrictions
Any and all rights not expressly granted by CHERRY POP GAMES & PERILOUS ORBIT 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 SPORTSBARVR in accordance with the EULA.
You may not copy (except as set forth above), 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 CHERRY POP GAMES & PERILOUS ORBIT's 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 not circumvent or disable that technology. This section shall apply to the fullest extent permitted by applicable law.
C. Software Updates
CHERRY POP GAMES & PERILOUS ORBIT 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, CHERRY POP GAMES & PERILOUS ORBIT shall not be responsible in any way for your inability to play SPORTSBARVR, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
D. 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 CHERRY POP GAMES & PERILOUS ORBIT may, in its sole discretion, offer any or all of the foregoing to you. CHERRY POP GAMES & PERILOUS ORBIT 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, CHERRY POP GAMES & PERILOUS ORBIT 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, CHERRY POP GAMES shall not be responsible in any way for your inability to play SPORTSBARVR, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
As between you and CHERRY POP GAMES, CHERRY POP GAMES & PERILOUS ORBIT are 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. CHERRY POP GAMES & PERILOUS ORBIT 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"). CHERRY POP GAMES & PERILOUS ORBIT, 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 CHERRY POP 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 CHERRY POP 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 part of such information, in any medium now known or hereafter developed.
Violation of CHERRY POP GAMES & PERILOUS ORBIT's proprietary rights is a material breach of the EULA, in the event of which CHERRY POP GAMES & PERILOUS ORBIT may terminate the EULA and take whatever additional action CHERRY POP GAMES & PERILOUS ORBIT deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and all of CHERRY POP GAMES & PERILOUS ORBIT's other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.
WARRANTIES, DAMAGES AND LIMITATION OF LIABILITY
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.
CHERRY POP GAMES disclaims 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. CHERRY POP 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 CHERRY POP GAMES shall have no liability for the faulty download.
In no event shall CHERRY POP GAMES & PERILOUS ORBIT, its affiliates, CHERRY POP GAMES & PERILOUS ORBIT's Partners, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost or corrupted data), arising out of or in connection with the Game, 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 CHERRY POP GAMES & PERILOUS ORBIT 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 respect of fraud, death, personal injury, or anything else in respect of 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 CHERRY POP GAMES & PERILOUS ORBIT's 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.
You shall defend, indemnify and hold harmless CHERRY POP GAMES & PERILOUS ORBIT 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
CHERRY POP GAMES & PERILOUS ORBIT may, in its sole discretion, amend the EULA from time to time by posting an amended version at SPORTSBARVR OCULUS STORE PAGE or http://www.sportsbarvrexperience.com/ 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 Iceland. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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 the Icelandic courts. Notwithstanding the foregoing, CHERRY POP GAMES & PERILOUS ORBIT shall be entitled to issue legal proceedings against you in any other competent jurisdiction. Where permitted, you hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree to the jurisdiction of the Icelandic courts. However, CHERRY POP GAMES shall be entitled to seek injunctive relief in any jurisdiction in which this EULA is being breached or CHERRY POP GAMES & PERILOUS ORBIT’s interests are being prejudiced.
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 will be the governing agreement and shall control all interpretation thereof.
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.
All notices to CHERRY POP GAMES & PERILOUS ORBIT required or permitted by the EULA shall be by electronic mail at http://www.sportsbarvrexperience.com/, unless stated otherwise in the EULA.