The following end user licence terms and conditions ( “EULA” ) apply to all use of each version and iteration of the EYEORA platforms (including the virtual reality technologies, applications, products, software and other materials under the “EYEORA” brand) ( “Software” ) as made available by Eyeora Ltd and its affiliate companies ( “EYEORA” ). For the avoidance of doubt, the Software includes the software application itself and any related online or electronic documentation.
PLEASE READ THIS EULA CAREFULLY BEFORE USING THE SOFTWARE, AS IT EXPLAINS HOW YOU ARE LICENSED TO USE THE SOFTWARE. IF YOU HAVE QUERIES CONCERNING THIS EULA YOU MAY CONTACT US HERE (please categorise your message as “Legal”).
- This Software has been created by and is the property of EYEORA. EYEORA is also referred to as “us”, “we”, and “our” in this EULA. Our registered office is at 7 Bell Yard, London, England, WC2A 2JR. We are a company registered in England, with company number 10825902.
- THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN YOU (“you”) AND US FOR THE USE OF THE SOFTWARE SO PLEASE READ THIS CAREFULLY.
- BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA YOU SHOULD NOT USE THE SOFTWARE.
- ANY USE, REPRODUCTION OR REDISTRIBUTION OF ANY PART OF THE SOFTWARE EXCEPT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY PROHIBITED.
- THIS EULA LIMITS OUR LIABILITY ASSET OUT IN CLAUSE 13 BELOW.
- IF YOU ARE UNDER THE AGE OF 13 YOU MUST NOT USE THE SOFTWARE.
- PLEASE READ THE HEALTH & SAFETY NOTICE IN CLAUSE 17 BEFORE YOU USE THE SOFTWARE.
THIRD PARTY SERVICES
We may link to, incorporate or use third party software and services, such as social networking or sharing features, within the Software. Use of any such software or services is subject to the applicable terms of those third parties at the relevant time. You agree that you will comply with any such third party terms and conditions when using the Software.
YOUR USE OF THE SOFTWARE
- By using the Software, you confirm that you are either 13 years of age or older.
- You acknowledge that we are not responsible for how other users use the Software and that we accept no liability in regard to the nature and quality of information made available via the Software. Accordingly, we give no warranties or representations in respect of the suitability, accuracy or reliability of any third party content made available via or in connection with the Software.
OWNERSHIP OF THE SOFTWARE AND CONTENT
- Unless otherwise expressly specified, all right, title, interest and ownership rights and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications therefore and other intellectual property rights (together “Intellectual Property Rights”) in the Software and the Software content, including but not limited to all text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content"), anywhere in the world belong to us and/or our licensors. All rights are asserted and reserved, save for those granted under this EULA. The Software or Content may contain licensed materials and you hereby acknowledge that our licensors may act to protect their interests in the event of any breach of this EULA.
- During the term of this EULA, we hereby grant you a non-exclusive, personal, revocable, non-transferable licence to use the Software and Content on systems or devices which you own or legitimately control and which have the necessary specifications to run and operate the Software.
- All third party trade names and trademarks are the property of their respective owners and we make no warranty or representation in relation thereto.
- If you are a rights owner (or agent acting for a rights owner) and believe that any Content made available through the Software infringes your intellectual property rights and you wish us to remove it or suspend/disable access to it, contact us here (please categorise your message as “Legal”) with “Notice & Takedown” in the subject line. In your message you must set out the following information:
- Details of the content you claim is infringed , together with sufficient information for us to identify the relevant Content within the Software which you allege infringes your rights;
- Sufficient contact information (including email address) for us to contact you to discuss your claim;
- A statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; and that the information you supply in your notice is true and complete.
LINKS TO WEBSITES
SYSTEM AND PLATFORM REQUIREMENTS
- The Software has been developed to work on the latest version of the operating system and/or browser available at the time of its release. Platform and operating system vendors may from time to time modify or update their software. We may, but shall not be obligated to, update the Software to ensure that its functionality and performance continue with any such modification or update. You shall ensure that you are using the latest compatible public release of any such operating system or platform. We may require you to update the Software.
- You will require an internet connection, which you must legitimately procure at your own expense, to use the Software.
- You will need to set up an account in order to use and access some of the Software. To set up an account, you will need to register by submitting certain information and choose a username and password.
- You agree, accept and understand that:
- You will ensure that information provided to, and held about you by, us is accurate and up to date;
- You can amend your registration details at any time either through the Software or by writing to us at here (please categorise your message as “Account”);
- You are and shall remain responsible for maintaining the confidentiality of your account credentials; and
- You are solely liable for any use of the Software using your account.
- The Software may allow you and other users of the Software to submit content for use in or via the Software or otherwise by us or third parties (each a “Contribution”). To the extent that such Contributions are permitted by the Software, you acknowledge that we are involved in the transmission, storage, retrieval, hosting, formatting or translation of such third party communications, without review, selection or alteration of the content of the communication, for which the Software is a mere conduit. By using the Software, you agree we have no responsibility to review the content of any Contributions and that all Contributions are made available on the basis that we are not required to and do not exercise any control in respect of their content.
- We shall be entitled to remove, restrict, suspend or alter any user account and/or any Contribution for any reason in our absolute discretion including, without limitation, because conduct or content associated with such account or Contributions might be unacceptable as described in this EULA.
- You agree we may use, publish, edit, modify and adapt the Contributions you make available, post to or transmit through the Software (“Your Contributions”) for the purpose of providing and marketing the Software and our products or services to you and others. You hereby grant to us a perpetual, irrevocable, transferable, unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for us to use Your Contributions in that way.
- You hereby agree and undertake that you are entitled to make available, or post to or transmit to the Software Your Contributions and will not make available, or post to or transmit to the Software any statement, material or other Contributions, nor use the Software in any way, that is in contravention of the user guidelines set out in the Schedule to this EULA.
- You hereby agree and undertake to accurately categorise Your Contributions and ensure that Your Contributions comply with all applicable laws and regulations and, where appropriate, are uploaded with suitable warnings and notices.
- If you discover Contributions which you believe contravene the terms of this EULA, please notify us here (please categorise your message as “Legal”).
- In the event that you breach any provision of this EULA, we may, at our absolute discretion, suspend or terminate (in whole or in part) your access to the Software or part thereof.
INDEMNITY / COMPENSATION
- You hereby indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (whether direct or indirect and including legal fees) relating to or arising from your use of the Software or arising from any breach or suspected breach of this EULA by or directed by you or your violation of any law, regulation, code of conduct or the rights of any third party.
- You further agree that we would suffer irreparable damage if the terms of this EULA were not specifically enforced. Therefore, you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedy with respect to any breach of this EULA, in addition to such other remedies as we might otherwise have available under applicable laws.
TERM AND TERMINATION
- This EULA takes effect upon the earlier of your registration for, or use of, the Software and remains effective until terminated by either of us. You may terminate this EULA at any time by deleting your account. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you shall cease all use of the Software.
- The following clauses of the EULA shall survive termination: Clause 5 (Ownership), Clause 10 (Indemnity/Compensation), Clause 11 (Term and Termination), Clause 13 (Limitation of Liability) and Clauses 17-22 inclusive (General Provisions).
SUPPORT AND CONTACTING US
- The Software is provided “as is”. However, if you need any help and support, please contact us here (please categorise your message as “Technical”) and we shall endeavour to assist you.
OUR LIMITATIONS OF LIABILITY
- Subject to clause 13.4, we are only responsible to you for foreseeable loss and damage caused directly by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our materially breaching these terms or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- Nothing in this EULA shall limit your statutory consumer rights.
- We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity through your use of the Software (whether direct or indirect).
- Please back-up content and data used with the Software. We recommend that you back up any content and data used in connection with the Software, to protect yourself in case of problems with the Software.
- Check that the Software is suitable for you. The Software has not been developed to meet your individual requirements. Please check that the facilities and functions of the Software meet your requirements.
- We are not responsible for events outside our control. If the provision of, or our support for, the Software is prevented or delayed by an event outside our control, then we will contact you as soon as possible after we are made aware and where possible to let you know and we will take steps to minimise the effect of such events. You agree that, provided we do this, we will not be liable for interruptions or delays caused by the event.
- Our maximum aggregate liability under or in connection with this EULA whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £10. This does not apply to the types of loss set out in condition 13.2.
- You acknowledge that Content in the Software may be updated, altered or removed at any time without notice to you. We are not responsible for, and have no liability in relation to, the content, transmission, receipt, hosting, processing or other use of any Contribution.
- The Software is provided ‘as is’ and on an ‘as available’ basis without any representation, endorsement or warranty of any kind other than that it will be of satisfactory quality, as described, and fit for purpose.
- We do not guarantee that the Software will be (i) free of errors, viruses or bugs or other defects; or (ii) that the Software or any Content or information displayed or distributed through the Software or in the accompanying documentation will be accurate or complete; or (iii) that any defects in the Software will be corrected; or (iv) that operation of the Software will be uninterrupted.
- This clause applies insofar as the Software permits you to earn, obtain or use virtual items, including virtual currency (“Virtual Items”). You may use Virtual Items solely in connection with permitted use of the Software. You do not own the Virtual Items. You only have a non-exclusive, non-transferable, revocable licence to use them, for their permitted uses, as may be amended and notified to you from time to time, in connection with the Software and subject to your compliance with the terms of this EULA. Where you purchase Virtual Items from us, the purchase will be subject to our then applicable terms of sale. These will be made available to you at the time of each purchase.
- We or third parties may offer access to paid-for Content on, or in connection with, the Software (including access to paid virtual events). Such access will be subject to the then applicable terms of sale and use. These will be made available to you at the time of each purchase.
- You understand and agree that Virtual Items have no cash or redemption value and your licence to use them will be suspended and/or terminated if you are denied access to your account or your account is shut down, frozen or terminated for any reason in accordance with this EULA. We shall have no obligation to make any refund or otherwise compensate you in any amount, unless expressly indicated otherwise and subject to your mandatory consumer rights.
- You are not permitted to trade, exchange, sell, rent or otherwise transfer or deal in the Virtual Items or your account, without our prior written permission. You shall not access or use any account or Virtual Items which have been traded, exchanged, sold, rented or otherwise transferred or dealt in.
- In using the Software, you agree that you shall not:
- Hack, attempt to hack, modify, adapt, merge, translate, disassemble, decompile or reverse engineer or create derivative works out of any part of the Software or any Content or information contained in it, to the fullest extent permitted by applicable law;
- Make the Software available to any third party, whether directly or indirectly;
- Use or deal in the Software except as permitted by the terms of this EULA;
- Make any other commercial use of the Software, or any part of it, without our prior written consent;
- Use the Software or process or use the Content or information contained on or within the Software unfairly or for any illegal or immoral purpose;
- Sell, distribute, reproduce, transfer, publicly display, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, rent, lease, loan, sub-license or otherwise deal in copies or reproductions of the Software or Content in any way except as expressly permitted by this EULA;
- Remove, delete, obscure, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Software or the Content;
- Create or attempt to create software which replicates or mimics any data or functionality in the Software;
- Remove, disable or circumvent any copy protection software contained on or within the Software or Content;
- Notwithstanding clause 15.1, you may reverse engineer, decompile or disassemble the Software only insofar as you are entitled to do so by the Copyright, Designs and Patents Act 1988 or other applicable law.
- All works or copies of works arising from activities permitted by clause 15.2 shall belong to, vest in and be the exclusive property of us upon creation, and you shall permanently delete all such works in your possession or control immediately once you have concluded those activities. You hereby assign (by way of present and, where appropriate, future assignment) all such rights to us.
APP STORE TERMS
- By installing or using the Software on iOS (“IOS App”) you agree that these terms (which we are required by Apple to incorporate) shall apply:
- Acknowledgement: You and we acknowledge that this EULA constitutes an agreement which is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that as between us and Apple we are solely responsible for the iOS App and the content within the iOS App.
- Grant of Licence: Subject to, and in consideration of, your compliance with all conditions of this EULA we grant you a non-exclusive, personal, revocable, non-transferable license to use the iOS App and content in the iOS App on an iOS product which you own or control, and as permitted by the usage rules set forth in the App Store Terms (http://www.apple.com/uk/legal/terms/). The iOS App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
- Maintenance and Support: We are solely responsible for providing support and maintenance for the iOS App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
- Warranty: We are solely responsible for any product warranties, whether express or implied by law. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- Product Claims: You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the iOS App or your possession and/or use of the iOS App, including but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy or similar legislation.
- Intellectual Property Rights: You acknowledge that in the event of a third party claim that the iOS App, or your possession and use of the iOS App infringes that third party’s intellectual property rights, we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
- Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
- Third Party Terms: You must comply with applicable third party terms of agreement when using the iOS App.
- Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you.
- By downloading the Software from the Google Play store you acknowledge that you have reviewed and accepted the Google Play Terms of Service (available online here: https://play.google.com/intl/en-GB_uk/about/play-terms.html). If you download the App from another online market for software applications that operate on devices powered by the Android operating system, you acknowledge that you have reviewed and accepted the terms of services applicable to such market.
HEALTH AND SAFETY PRECAUTIONS
- The Software or Content may contain flashing lights, realistic images and simulations.
PLEASE READ THIS NOTICE BEFORE YOU USE THE SOFTWARE
- Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness, dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when using XR equipment (including VR headsets and sensors) and viewing XR content. This may happen where a person has not previously suffered in this way and has no known symptoms or history of such side effects. If you or anyone considering using the Software suffers or has suffered in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using the Software. If you or they are already using the Software please stop and consult a doctor.
- If you or any part of you feels tired, fatigue or discomfort whilst using the Software, please stop and rest. If it continues after you stop using the Software, please consult a doctor. If you have suffered or suffer from an injury the use of software, particularly together with XR equipment, can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.
PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THE SOFTWARE WITH XR EQUIPMENT:
- Only use the Software with XR equipment in a safe environment;
- Be aware of your surroundings before using the Software with XR equipment;
- Do not use the Software, a XR equipment, if you are sick, sleep, or feel tired, fatigue or discomfort, under the influence of alcohol or drugs, or hung-over;
- Do not use the Software with XR equipment while in a moving vehicle such as a car, bus, or train or while walking;
- Do not use the Software with XR equipment for too long at any one time, please follow all guidance applicable to or accompanying the Software you use in respect of playing time and take a 10 to 15 minute break every 30 minutes.
No waiver by us of any failure by you to comply with or perform a provision of this EULA shall constitute a waiver of any preceding or subsequent failure.
This EULA is personal to you. You may not assign, sub-license, transfer or otherwise dispose of your rights or obligations under this agreement.
CHANGES TO THIS EULA
We may change this EULA at any time for any legal, regulatory or security reason, or for any other reason that we decide at our absolute discretion. We will notify you of any changes and you will be required to accept the changes to continue to use the Software.
COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION
- Should you have any queries or complaints, please get in touch here (please categorise your message as “General”).
- Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
If any provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
GOVERNING LAW AND JURISDICTION
- Subject always to applicable mandatory consumer protections (should these be deemed to apply) including those of your country:
- In the event of any dispute between you and us regarding this EULA and/or your use of the Software, the laws of England and Wales will apply; and
- You agree that in the event that we are unable to settle any dispute with you informally, then any court or arbitration proceedings shall be held in England.
USER CONTENT GUIDELINES
You hereby agree and undertake that you will not conduct, post, communicate, transmit or make available to or through the Software, any statement, material, communication or other content or activity which:
- Is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libellous, untrue, hateful, discriminatory, obscene, explicit, inflammatory or racist;
- Harasses, bullies or intimidates any person;
- Involves the sending of unsolicited or unauthorised advertising or promotional material or SPAM;
- Is unlawful, malicious, misleading, discriminatory or which gives rise to civil or criminal liability, breaches regulation or applicable codes of conduct or which might call us or the Software or any Contributions into disrepute
- Infringes or is likely to infringe the intellectual property, contractual, confidentiality or other rights of us or any third party anywhere in the world or facilitates or encourages such infringement;
- Is or is likely to be technically harmful such as the introduction of computer viruses, worms, logic bombs or other malicious software or harmful data, or otherwise attempts to or actually does modify or interfere with the Software or overburden or disrupt or adversely affect any computer or server used by the Software;
- Constitutes or promotes any illegal or unlawful activity or any activity which otherwise results in a breach of applicable regulation or codes of conduct;
- Seeks or attempts to make any arrangement to meet a person under the age of 18;
- Contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;
- Constitutes, at our absolute discretion, misuse of the Software, or an attempt to gain unauthorised access to the Software or parts thereof, or to the accounts of other users or networks or devices, or is likely to embarrass, alarm, annoy or harm another person;
- Infringes or is likely to infringe our intellectual property rights such as by using our directory to contact those in the directory in bulk and dissuade them from making use of our site or services, or to establish a competing directory, site or service by soliciting users in bulk from using our directory; or
- Solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing or otherwise does not comply with the spirit as well as the letter of the preceding standards.