Terms and Conditions

TERMS & CONDITIONS and END USER LICENSE AGREEMENT

The following document contains a series of safety precautions and legal information related to the VR content (hereby on: “the App”) you are about to enjoy. The producers (“We”, “Us”) ask you (the “You”, “User”) to please read its contents carefully.

General safety note for all Users:

First of all note that Virtual reality is not always suitable for everyone. If you have any doubt, please consult your Doctor in advance. The app might contain flashing images and repetitive cuts that in some cases could lead up to seizures, even in those who have never experienced them. The app’s contents and effects could also lead to sickness, impaired hand-eye coordination, sweating, confusion, nausea, decreased bodily stableness, increased salivation, eye or muscle twitching and sensory after effects (including but not limited to eye-strain, altered vision et al). If you experience any of these effects or feel uneasy, discomforted, light-headed or experience any pain at any point please discontinue the experience right away.

We urge users that are tired, suffer from viruses and/or stress, are under the influence of any drugs (including but not limited to alcohol), have had recent surgery, are taking medication, are pregnant or have heart conditions, claustrophobia, chronic and temporary ear and/or vision conditions or epileptic symptoms not to use the app. We also recommend people who have an implanted medical device or experience, severe dizziness, seizures, blackouts or loss of awareness to consult with a qualified medical specialist or Doctor, prior to using the app. We do not recommend to use the app for more than a few minutes or loop the experience during an uninterrupted period.
Extended periods of loud noise can lead to ear damage, including but not limited to tinnitus. Please note that it is your responsibility to keep the volume of your speakers and, especially, headphones at reasonable levels. If you are using headphones while using the App we suggest that you do not push the headphones to the top of their volume, that way you will always be able to hear what is happening around you.
If you share your virtual reality headset and this app with other users (apart from you), please inform that about these terms. Since these other Users might be accessing the app via devices and at a location they are not familiar with it is your responsibility to point such other users to these terms. Any user accessing the app accepts to be bound by these terms.
We particularly advise anyone below 18 years of age not to use the app. By using this app you confirm you are above 18.
Please note the app contains content that you as a user might find disturbing, shocking or frightening.

Precautions

When using Virtual Reality your vision is likely to be completely obscured, and when using headphones, your capacity to hear what is happening in your immediate surroundings will be reduced. Therefore please check and keep clear your surroundings or any objects, humans and animals. Importantly — never use the app when near areas where you could fall over or knock against/with or trip or are in motion or populated by moving items in any way whatsoever. Please take special care of your movements while using the app, especially in terms of your bodily parts. Before using the app we suggest you check there are no sharp or hard objects near you, however small, and that the area where that you occupy while using the app is safe and is free of nearby walls, balconies, windows, furniture, consumer electronics, appliances, house contents, tools, balconies and glass. We recommend you consider enjoying the app, if possible, while seated yet please ensure the seat you use is fixed to a location and that convenes with the safety measures described earlier in the paragraph.
Additionally we suggest you use the app in a dry area that is clear of liquids or moisture or anything that could lead to electrical shock. Please do not use the app while eating, drinking or holding any objects, including but not limited to cigarettes.
Virtual Reality tends to be, except in some cases, an individual experience. We strongly advise you to comply with this and liaise effectively with any person, animals or any moving appliances that may be in or enter the area where you are planning to use the app to avoid injuries and breakages.
Do not drive vehicles, run or play sports, use the app while on moving objects or in connection with other physical activities, operate tools or engage in visually-demanding or physical activities that could lead to personal death, injury to you or others or damage to property.
The app’s content might make you, and potentially those around you, react in a way that it makes you jump or move quickly in unexpected speeds and directions. Therefore it is important that you take special care when it comes to ensuring the precautions described in this document are observed.
Applicable law & disputes: This agreement shall be governed by the law of Germany without regard to its laws relating to conflicts of law, which shall be governed and construed in accordance with the law of Germany.

Hardware:

It is important you use the app with the hardware that has been intended for and that such hardware and all its peripherals, including cables, has no alterations or tear and wear. Please do not use such equipment in a way the manufacturer has not intended it for — if you experience any problems or anything strange with this equipment contact the manufacturer directly and promptly. If in doubt at any point, please discontinue usage. Always use equipment safely and watch for any cables that might entangled or loose — ideally, to reduce entangling and tripping, it is recommended that to use the app while there are no cables attached to the device.
We take no responsibility over the operational validity, compatibility or any potential damages (including but not limited to digital) that may arise from the use of this hardware.
Prior to using them in connection with the app please ensure that you understand the basic uses and safety precautions related to any hardware you may want to use in connection with the app. If in doubt please refer to the hardware terms and conditions.

Acceptance & limitation of liability:

You (and anyone using the app) expressly acknowledge that you are of a suitable age and accept these terms and conditions, agreeing that you use of the app is at your sole risk.
By renting and/or purchasing and/or downloading and/or using the app you accept that we and anyone directly or indirectly involved in the production and distribution of this app are not liable for injuries, breakages or any direct, indirect, incidental or consequential damages including without limitation: loss of business, loss of profits, loss of data or any damages (including but not excluding damage to digital property or data) or losses of any nature.
You may not export or re-export the app except as authorised by the laws of the jurisdiction in which the Licensed Application was obtained. Unless indicated otherwise absolutely all content included in or made available through the app, such as text, animations, interfaces, sound and music, graphics or images — except in cases where we indicate otherwise — is our sole property, protected by international copyright and database right laws.
We may provide this app and references (such as links) to other sites or companies, which may be operated by third parties. Since we might not own that content please note that we do not check such sites and are not responsible for its content, whatever its nature. The same applies to any third party services in connection or not with the app that may be offered to you at any point and that is accessible locally on your device or via connecting online.
We reserve the right to make changes to our app, promotional materials, social media presences, websites and terms and conditions (including these conditions) at any time.

Disclaimer of Warranties

We do not guarantee or warrant that the use of the app will be error-free or secure and you accept that access to the app or new versions might not be made available for indefinite periods of time, without any direct notice to you.
Under no circumstances shall we or our partners, affiliates, agents, contractors or licensors be liable for any consequential damages (direct, indirect, incidental, special, punitive or other) related to your use of the app nor to any damages of any kind as a result of the download or use of the app.

Conditions of sale: We provide the app as is, with no promise of support or further guarantees or support. You might however have obtained the app using third party vendors, who might have separate conditions of use. Any liability related to us shall be limited to the extent permitted by law.

End User License Agreement

The app, irrespective of any third parties that may have been involved in the distribution of such app and irrespective of any conditions and legal rights such parties may have, has been made available as a license by us to you. You accept that such license is a binding contract between you and us.
The license offered is in effect until terminated by us. By failing to comply with any disposition under this document, this license will be terminated indefinitely.
Scope: the license granted to you in relation to the app is a nontransferable license to use as long as such use takes place in the way and with the hardware it was intended for. You accept not to use of the app alongside any hardware, software, peripherals or in any circumstances beyond the ones that have been explicitly and directly endorsed by us at the moment of purchase and/or download from sources formally endorsed by us.
You may not distribute, unless expressly allowed by us, the app into the public domain or in private or public networks . Unless explicitly allowed by us via direct writing to you or via public announcements you accept not to re-sell, rent, copy, alter, create derivative works, lease, transfer, distribute, or sublicense the app or any of its contents. You acknowledge that any violation of this clause may mean that we seek the defence of our rights to the extent allowed by the law.

Published under a Creative Attribution Share-alike Commons License. Last updated April 7th, 2016.

<a rel=”license” href=”http://creativecommons.org/licenses/by-sa/4.0/"><img alt=”Creative Commons License” style=”border-width:0" src=”https://i.creativecommons.org/l/by-sa/4.0/88x31.png" /></a> VR app TAC’s by Ricard Gras is licensed under a <a rel=”license” href=”http://creativecommons.org/licenses/by-sa/4.0/">Creative Commons Attribution-ShareAlike 4.0 International License</a>.