CARGO RACING VR END-USER LICENSE AGREEMENT (“EULA”)

This EULA was last revised 3 October 2017.

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY DOWNLOADING AND/OR PLAYING THE GAME YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY AND/OR PLAY THE GAME.

Who we are and what this agreement does

We, Virtual Arts Limited of St Johns Innovation Centre, Cowley Road, Cambridge, England, CB4 0WS, licence you to use, as permitted in these terms:

  • Cargo Racing VR™, a virtual reality physics racing game (“Game”) and any updates or supplements to it.
  • The related online electronic documentation (“Documentation”).
  • The service from which you connect to the Game and the content we provide to you through it (“Service”)

The Game can be purchased from the Oculus platform (“Oculus”) and our other selected, authorised partners from time to time (each, including Oculus, a “Partner”) and is for use on the Samsung Gear VR (“Gear VR”) or other device (“Platform”).

Your privacy

We only use any personal data we collect through your use of the Game and the Services in the ways set out in our privacy policy http://virtualarts.co.uk/privacypolicy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Game or the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

other terms also apply

The Services will be governed by the terms of use and privacy policies as set out on each of the Partners’ websites.

The provision of the Services by Oculus will be governed by the following terms of use and privacy policies https://www.oculus.com/legal/terms-of-service/ and https://www.oculus.com/legal/privacy-policy/.

The ways in which you can use the Game and Documentation may also be controlled by the Partners’ and the Gear VR’s terms of use, rules and policies as appropriate. You are responsible for reviewing the health and safety warnings relating to the use any virtual reality hardware and including the use of the Gear VR.

Operating system requirements

To play the Game you will need a Samsung Galaxy mobile phone device compatible with the Samsung Gear VR or other Platform that the Game has been released on and any updates or supplements as may apply from time to time.

Support for the GAMe and how to tell us about problems

Support. If you want to learn more about the Game or the Service or have any problems using them please contact us at support@virtualarts.co.uk.

Contacting us (including with complaints). If you think the Game is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@virtualarts.co.uk.

How we will communicate with you. We will communicate with you by email using the email address you may provide to us and you consent to us using your email for this purpose.

How you may use the game

In return for your agreeing to comply with these terms you may (subject to your due payment for the Game to each of the Partners as set out in their terms of use):

  • Download one copy of the Game onto one device for your personal purposes only.
  • Use any Documentation to support your permitted use of the Game and the Services.
  • Provided you comply with the Licence Restrictions below, you may make one copy of the Game and the Documentation for back-up purposes; and
  • Receive and use any free supplementary software code or update of the Game incorporating “patches” and corrections of errors as we may provide to you.

You must be 18 to accept these terms and buy AND/OR PLAY the game

You must be 18 or over to accept these terms and buy and/or play the Game. If you are over the age 13 you must only buy and/or play the Game subject to a parent or guardian agreeing to these terms and under their supervision.

You may not transfer the game to someone else

We are giving you personally the right to use the Game and the Service as set out above. You may not transfer the Game or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Game is installed, you must remove the Game from it.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

You should check our website for any changes to these terms. Any changes can be found at http://virtualarts.co.uk/CRVREULA. We will endeavour to give you at least 30 days’ notice of any change on our website or by sending you an email with details of the change if possible or otherwise you will be notified of any such change when you next start the Game.

If you do not accept the notified changes you may continue to use the Game and the Service in accordance with the existing terms but certain new features may not be available to you.

Update to the GAME and changes to the Service

From time to time we may automatically update the Game and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Game for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Game and the Services.

If someone else owns the phone or device you are using

If you download or stream the Game onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the Game or any of the Services, you agree to us collecting and using technical information about the devices you use the Game on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We may collect location data (but you can turn location services off)

The Service may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the Game on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

You may stop us collecting such data at any time by turning off the location services settings.

We are not responsible for other websites you link to

The Game or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the Game or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the Game, Documentation or Services, except as part of the normal use of the Game or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the Game, Documentation or Services nor permit the Game or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Game and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Game or the Services;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Game or any Service;
  • not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, cargo, car abilities or beneficial actions not actually acquired or achieved in the Game; and
  • 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

Acceptable use restrictions

You must:

  • not use the Game or any Service in any unlawful or unintended manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Game, any Service or any operating system;
  • not do anything when using and playing the Game that might reasonably be considered to be cheating or in any way gives you an unfair advantage;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the Game or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Game or any Service;
  • not use the Game or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
  • not submit any content to any chat room or other public forum hosted by us or otherwise that is harassing, abusive, threatening, harmful, obscene, libellous 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.

Intellectual property rights

All intellectual property rights in the Game, the Documentation and the Services throughout the world belong to us and the rights in the Game and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Game, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us.

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.

We are not liable for any loss or damage relating to your use of any virtual reality hardware and including the use of the Gear VR. This includes any loss or damage suffered by you as a result of your failure to properly review and follow the health and safety guidelines and warnings supplied by the relevant manufacturer or supplier.

When we are liable for damage to your property. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. You are responsible to ensure that the environment in which you play the Game is at all times safe and clear of all obstacles.

We are not liable for business losses. The Game is for domestic and private use. If you use the Game for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the Game and the Services. The Game and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Game or the Service. Although we make reasonable efforts to update the information provided by the Game and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Check that the Game and the Services are suitable for you. The Game and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Game and the Services (as described on the Partner’s site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. We will not be liable for the provision of the Services or support for the Game or the Services delayed by events outside our control, provided we take reasonable steps to minimise the effect of any such delay.

We may end your rights to use the game and the Services if you break these terms

We may end your rights to use the Game and Services at any time by contacting you if you have broken these terms in a serious way. This will include your breach of any of the Acceptable Use Restrictions set out above. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Game and Services:

  • You must stop all activities authorised by these terms, including your use of the Game and any Services.
  • You must delete or remove the Game from all devices in your possession and immediately destroy all copies of the Game which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the Game from you and cease providing you with access to the Services.
  • We may remove you from the Game’s leaderboard.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live outside England you can bring legal proceedings in respect of the products in either the courts of the country where you live or the English courts.