END USER LICENCE AGREEMENT
Last updated: May 8, 2019
The following end-user license agreement (the “EULA”) is a legally binding agreement that governs the relationship between ARVI VR INC. (“ARVI”), with office at 108 WEST 13TH ST, WILMINGTON, DELAWARE, 19801 (as well as our subsidiaries and affiliates) and our users in connection with the use of the entertaining content in virtual reality (“Game”), the platform (“Virtual Reality Platform” or “VRP”) including the website located at https://vrp.arvilab.com (the “Site”) or the other current and future websites.
This EULA incorporates the rules and guidelines that apply to your use of the VRP and the Game.
ACCEPTANCE OF TERMS
PLEASE READ THIS EULA CAREFULLY. BY ACCESSING OR USING THE VRP AND THE GAME, YOU HEREBY AGREE TO BE BOUND BY THE TERMS IN THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS EULA, YOU MAY NOT ACCESS OR USE THE VRP AND THE GAME.
2. This EULA and You
2.1 We strongly recommend don’t engage in VR sessions under 14 years of age.
2.2 You confirm your agreement to this EULA including installation process of the Game or by using the Game. If you do not agree to this EULA please do not attempt to install or use the VRP and the Game.
You confirm that as part of the process of creating a ARVI account (an “Account“) you read and agreed with our EULA .
3. Epilepsy Warning
We strongly recommend that customers with certain neurological distortions consult their physicians prior to engaging in VR sessions. Your full disclosure to your prospective customers on this matter is highly advised.
If your experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing the Game, IMMEDIATELY discontinue use of the Game and consult your doctor. Please also note that when using Game you should take certain standard health and safety precautions, including avoiding playing the Game when tired and not had much sleep, taking 10 to 15 minute breaks every hour and playing the Game in a well-aired environment.
4. Amendments to this EULA
4.1 We may need to amend this EULA for serious reasons, for example to reflect new features and functionality in the VRP and/or the Game or because of changes in the law. If we make a change to this EULA, we will inform you via email in advance of such changes thirty (30) days before such changes enter into force and of your right not to accept them. The latest version of this EULA will always be available on the Site. Please make sure you check for updates to this EULA each time you use the VRP and/or the Game. Changes to this EULA shall not affect your accrued rights and shall not have retroactive effect.
5. Using the VRP and the Game
5.1 In return for your acceptance of this EULA, we give you the personal right (known as a ‘licence’) during the time this EULA is in force between you and us to download, install and play the Game via our VRP.
5.2 This licence is:
6. Technical Requirements
For using the VRP and the Game you need certain hardware, software and capability (including a suitable connection to the Internet). The Technical Requirements are set out at the following link: https://vrescape.arvilab.com
7. Patches, Updates and Changes
We may need to deploy or provide patches, updates, additional content or other modifications to the VRP or/and the Game (resolve software bugs or add new or update features). You hereby accept, recognize and understand that we constantly work on further development of the VRP and the Game, we improve, upgrade and update graphics, features, gameplay and any other content of the Game in order to make the gameplay enjoyable for you.
8. Intellectual Property
8.1 The VRP and the Game, including the code, graphics, game play, user interface, audio and other content, contain proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. You agree that we own or licence all of this proprietary information and material and that you may not use or exploit any of it without our permission.
8.2 “ARVI VR”, “ARVI” and their respective logos are trademarks or registered trademarks of ARVI. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Game are the property of their respective owners and all rights in them are reserved.
9. Warranty disclaimers
9.1 We warrant that we have the right to enter this EULA and to grant you the licences to use the VRP and the Game set out in section 5 (“Using the VRP and the Game”);
9.2 The use of the VRP and the Game at your sole risk. Our VRP and the Game are provided “as is” and/or “as available” basis. ARVI expressly disclaim and all warranties of any kind whether expressed or implied.
10. Governing (Applicable) Law and Jurisdiction
10.1 Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding your use of the VRP and/or the Game. Most concerns may be quickly resolved in this manner. Each of you and ARVI agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution, then either party may initiate binding arbitration.
10.2 Any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of Delaware law and controlling United States federal law, unless otherwise required by the law of the country where the user has his habitual residence.
11.1 The EULA governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this EULA.
11.2 If any part of this EULA is held to be unenforceable, then it will not affect the enforceability of any other part of this EULA. Also, we and you agree to interpret the rest of this EULA in such a way as to reflect your and our intentions in this EULA as far as possible.
11.3 If you or we fail to exercise (or delay exercising) any right which you or we may have under this EULA, that failure or delay does not mean that we or you lose that right. If we or you only partially exercise a right or only exercise it once, that will not stop you or us from exercising it again in the future.
12. No Restriction of Consumers Rights
The provisions of this EULA do not exclude, limit or otherwise restrict the rights vested with the consumers upon relevant provisions of applicable law nor may be construed by anyone in this way.
13. Contact Us
If you have any questions, complaints, or comments regarding this EULA, please contact us at https://vrp.arvilab.com or [email protected].