Experiment 7 Terms & Conditions
EXPERIMENT 7, INC.’S MAGIC TABLE PLATFORM
MAGIC TABLE CHESS
These Terms/EULA set forth the agreement between Experiment 7 and each user (“you” or “User”) with respect to your use of the Platform, the Game, and applications, services, websites, software and the framework which are accessed through the Platform. (the “Services”).
These Terms/EULA describe the terms and conditions under which you may (1) use the Game Software; (2) access and use the Game; and (3) access and interact within the Platform. Experiment 7 may amend these Terms/EULA from time to time by posting an amended version that must be accepted before accessing the Game. Once you accept these Terms/EULA, the then-current version of these Terms/EULA shall apply each time you access the Platform and/or play the Game.
By selecting "ACCEPT" (or if you bypass selecting "ACCEPT," and still access or otherwise use the Game Software, the Platform, or the Game), you accept the terms and conditions in these Terms/EULA, including all Exhibits, if applicable. If you do not accept the terms and conditions in these Terms/EULA, you should select "DECLINE," discontinue use of the Game Software, and not access the Platform or use the Game.
You may play the Game and access Platform using a Virtual Reality Device, such as:
The Oculus Rift virtual reality headset (the "Rift," a product of Oculus VR, LLC ("Oculus"));
The PlayStation®VR headset (the “PSVR,” a product of Sony Interactive Entertainment (“Sony”);
The Samsung Gear VR headset (“GearVR,” a product of Samsung);
The Google Daydream View headset (“Daydeam,” a product of Google);
The HTC Vive headset (“Vive,” a product of HTC Corporation); and
The SteamVR™ (“SteamVR™,” a product of Valve Corporation.)
These Terms/EULA is between you and Experiment 7. Experiment 7 is solely responsible for the Game, and not any third parties. Those parties may however be considered third party beneficiaries of this EULA, to the extent applicable.
1. DESCRIPTION OF THE PLATFORM; LIMITED LICENSE TO USE THE PLATFORM
Experiment 7 reserves the right to change, modify, add, or delete clauses in these Terms at any time, in accordance with the procedures described below. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you are agreeing to any and all modifications.
The Services are for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by the Terms, you may not sell or exchange anything you copy or derive from the Services. As long as you comply with these Terms, Experiment 7 grants you a personal, non-exclusive, non-transferable, limited right during the term of these Terms to access and use the Services.
2. YOUR ACCOUNT
Establishing a New Account
You may establish a valid account within the Platform (an “Account”). This will provide you with access to the Platform and the various Games and features accessed through the Platform.
To create an Account, you must have an email address and supply truthful and accurate information. If any contact details (including without limitation, Username, email address and billing address) change, you agree to notify Experiment 7 in writing within thirty (30) days of the occurrence of such change.
You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. You may not share your Account with anyone, or allow anyone else to access or use your Account. Joint or shared ownership or use of an Account by more than one person is prohibited.
Accounts may not be used for any commercial purposes. If you are playing the Game, your account will be associated with your user account on the Platform, as well as your user account used on certain Virtual Reality Devices such as the Oculus Rift, PSVR, Gear VR, Vive, Daydream VR, or SteamVR™. If you wish to remove the association between these accounts, you may send an email to firstname.lastname@example.org and request that we remove the association between your accounts.
Passwords and Names
During the registration process, you will either be given a password automatically or asked to select one ("Password"). You may not allow anyone to use your Password to access the Platform or play the Game. You are responsible for maintaining the confidentiality of your Password and for any damage or harm resulting from your disclosure of your Password, or from use by any person of your Password. Experiment 7 is not responsible for any losses arising out of the unauthorized use of your Account. You may not obtain, attempt to obtain, use, or attempt to use the Password of anyone else.
Your login name will be the email address you provide and verify when setting up an account for the Platform. Upon setting up your Account on the Platform, you will be able to set up a character (your “Avatar”) for use on the Platform and within the Game. You will get to choose your Avatar’s name, within limits as determined by Experiment 7 from time to time. You may not allow anyone to use your login name, your Avatar or your password to access the Platform or play the Game. No person may use the Avatar of another player to impersonate or falsely represent his or her identity. You may not obtain, attempt to obtain, use, or attempt to use the login name or Avatar of anyone else.
To the extent possible, you are encouraged to use a pseudonym for your Avatar, but you may not choose a name that violates anyone's copyrights, trademarks, publicity rights, or other rights. Acceptance by the Platform does not mean that your chosen Avatar does not violate anyone's rights. You are responsible for any liability incurred by you, Experiment 7, or anyone else due to the Avatar you choose. Experiment 7 retains the right to reject any Avatar it determines, in its sole discretion, is unlawful, indecent, obscene, discriminatory, or otherwise violates standards of good taste.
Inappropriate Conduct / Communication
Experiment 7 may establish rules of conduct (discussed below) for users accessing the Platform and may (but is under no obligation to), monitor and take action regarding inappropriate conduct. Nonetheless, it is possible that at any time there may be language or other material accessible on or through the Platform that you may consider inappropriate or offensive. You acknowledge that other users may transmit communications or content, or access to content, that you may consider inappropriate or objectionable. Experiment 7 does not, as a matter of policy, pre-screen the communications or content transmitted by each user, and is in no way responsible for the communications and content transmitted by users of the Game.
3. USE OF SERVICES AND RULES OF CONDUCT
Use of the Platform and Services
The Services are intended for personal use only and you must in no case use them in any way for commercial purposes. You undertake not to arrange, modify, decompile, disassemble, subject to reverse engineering, translate, adapt, reproduce, distribute, disseminate or transfer any information, any software, any product and in general any element of the Platform, Services or Content except as expressly permitted by these Terms. Re-posting or automated use or large-volume use of the Platform, Services or Content or transfer of any Platform, Services or Content to any other device are expressly prohibited except as expressly permitted by these Terms. For the purpose of these Terms, “Content” shall include all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Services, individually or in combination, together with all related intellectual property rights in the above.
Rules of Conduct
You agree to use the Services for lawful purposes only, and you agree not to directly or indirectly do any of the following:
Use within the framework of the Platform any element or content which would infringe on the intellectual and industrial property rights including patent, trademark or copyrights, right to privacy or publicity and/or image rights and/or any other rights of others;
Use your own or third-party software to modify any content appearing within the Platform;
Use your own or any third-party software, macros or other stored rapid keystrokes, or other patterns of play that facilitate acquisition of items, currency, objects, character attributes, rank, or status at an accelerated rate when compared with ordinary use of the Platform. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, currency, objects, character attributes, or beneficial actions not actually acquired or achieved within the Platform or in any Game accessed therein;
Use the Game Software, or any information accessible through the Platform, to bypass the Platform login architecture or create or provide any other means through which the Platform may be accessed and/or any Game may be played by others;
Create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Platform any material (text, words, images, sounds, videos, etc.) or content which, in Experiment 7's estimation, is unlawful, harmful, abusive, harassing, threatening, malicious, defamatory, libelous, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality; encourages criminal conduct or would give rise to civil liability, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable;
Transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within the framework of the Platform and/or a Game, and/or organize, participate in or be involved in any way in an attack on Experiment 7’s servers and/or the Platform and/or those of its service providers and partners;
Harass other Users, send them unsolicited messages for commercial prospecting purposes, use the Platform for purposes of competitions, surveys, pyramid selling or similar operations, or for sending mass e-mails, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
Modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Platform, or their accessibility to other Users, or the functioning of the partner networks of the Platform, or attempt to do any of the above;
Access, use, download from the Platform or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Platform or any other information concerning Users or use of the Platform;
Arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Platform or its content by any means without Experiment 7's express prior permission.
4. INTELLECTUAL PROPERTY RIGHTS
Trademark and Copyright information
You acknowledge that the materials on the Services and/or Platform, including the Services’ design, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark, and other intellectual property rights. The Services, and the trademarks, service marks, trade names, trade dress and logos (collectively, the “Marks”) described on or contained in the Services (including any Marks associated with the Platform or any Game), are the sole property of the Company and/or its licensors and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of the Company and/or its licensors. You may download material intentionally made available for downloading, including Games and other Content, through the Platform for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
Limited License Granted by the Company
The Company grants you a limited, non-sublicensable license to access and use the Platform and the Services. Such license is subject to this Agreement and, as applicable, the EULA associated with a particular Game, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Services for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Services, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Services; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services other than for their intended purpose; (vi) you may not reproduce, prepare derivative works from, distribute or display the Services, except as provided herein; and (vii) you must not violate the Rules of Conduct set forth above.
Except as expressly permitted above, any use of any portion of the Services without the prior written permission of the Company is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You represent and warrant that your use of the Services will be consistent with this license, the applicable EULA, and any other applicable agreements or policies, and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify the Company against any liability to any person arising out of your use of Platform and/or the Services not in accordance with this Agreement. To request permission for uses of the Services not included in the foregoing license, you may contact the Company at email@example.com.
License Granted by the User
By creating UGC (as defined below), posting messages, uploading files, creating files, inputting data, or engaging in any form of communication with or through the Services, you are granting the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such material; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
The Company welcomes any input from its Users with respect to the Platform. User hereby grants the Company a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) User communicates to the Company, without compensation, without any obligation to report on such use, and without any other restriction. The Company’ s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. Feedback” refers to any suggestion or idea for modifying any of the Company’ s products or services, including without limitation all intellectual property rights in any such suggestion or idea.
5. USER GENERATED CONTENT
Users may create user generated content (“UGC”) with certain tools and materials made available on the Platform, and may publish this UGC on the Platform. The Company does not review all of the UGC, and does not confirm the accuracy, validity, or originality of the UGC posted. The Company does not actively monitor the contents of the postings, and is not responsible for the content of any postings. The Company does not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any UGC. The contents of the postings do not represent the views of the Company, its subsidiaries, or any person or property associated with the Company or its Services.
We reserve the right to remove any UGC or content for any reason whatsoever. You remain solely responsible for your UGC, and you agree to indemnify and hold harmless the Company and its agents with respect to any claim based upon the transmission of your UGC.
6. PURCHASES ON THE PLATFORM
If you decide to purchase Games or other items available on the Platform, you may be redirected to either the Google Store, PlayStation®Store, or the Oculus Store (each a “Third Party Store”). Any content purchased from a Third Party Store are subject to the respective terms of service and other policies of such Third Party Store.
7. WARRANTIES, DAMAGES AND LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM AND GAME IS AT YOUR OWN RISK.
THE SOFTWARE, PLATFORM, GAME, GAME CONTENT AND ALL OTHER SERVICES AND MATERIALS ARE SUPPLIED ON AN "AS IS" OR "AS AVAILABLE" BASIS. EXPERIMENT 7, ITS OTHER AFFILIATED COMPANIES AND EXPERIMENT 7'S LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES WORLDWIDE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
EXPERIMENT 7 DOES NOT GUARANTEE AND MAKES NO COMMITMENT OR WARRANTY CONCERNING THE USE OF THE PLATFORM AND GAME OR THE RESULTS OF THE USE OF THE PLATFORM AND GAME IN TERMS OF CONFORMITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY ETC. WITHIN THE LIMITS AUTHORIZED BY APPLICABLE LAW, EXPERIMENT 7 DECLINES TO OFFER ANY GUARANTEE CONCERNING THE MARKET VALUE OF THE PLATFORM AND GAME, YOUR SATISFACTION OR THE SUITABILITY OF THE PLATFORM AND GAME FOR A PARTICULAR USE. IN ADDITION, EXPERIMENT 7 OFFERS NO GUARANTEE THAT THE PLATFORM AND GAME, INCLUDING THE SERVERS AND SOFTWARE NECESSARY FOR THEIR OPERATION WILL BE SECURE, FREE OF INTERRUPTION OR ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS, OR THAT ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS WILL BE CORRECTED. LASTLY, EXPERIMENT 7 OFFERS NO GUARANTEE THAT THE INFORMATION, CONTENTS AND/OR ELEMENTS ACCESSIBLE VIA THE PLATFORM AND GAME ARE ACCURATE, COMPLETE OR UP TO DATE. IN PARTICULAR, EXPERIMENT 7 DOES NOT EXHAUSTIVELY CHECK THE CONTENT OF ALL KINDS, NOTABLY THE WORDS THAT YOU OR OTHER USERS PUBLISH VIA THE PLATFORM, OR YOUR ACTIONS WITHIN THE FRAMEWORK OF THE PLATFORM. EXPERIMENT 7 THEREFORE OFFERS NO GUARANTEE AND ACCEPTS NO RESPONSIBILITY TO YOU WITH REGARD TO YOUR OWN ACTIONS AND/OR THE ACTIONS OF OTHER USERS OF THE PLATFORM. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GAME AND/OR THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU WILL BEAR ALL COSTS AND ALL RISKS ASSOCIATED WITH THE USE OF THE PLATFORM AND THE GAME. IN ADDITION, YOU WILL BEAR THE WHOLE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION REQUIRED. YOU WILL BEAR ALL RISKS ASSOCIATED WITH TIME AND EFFORT LOST, LOSS OF DATA (PARTICULARLY ANY GAME DATA), ERRORS OR LOSS OF COMMERCIAL OR OTHER INFORMATION RESULTING FROM THE USE OF THE PLATFORM AND GAME.
YOU WILL BEAR SOLE RESPONSIBILITY FOR ANY DAMAGE CAUSED TO EXPERIMENT 7, ITS PARTNERS, OTHER USERS OF THE GAME OR PLATFORM OR ANY OTHER INDIVIDUAL OR LEGAL ENTITY AS A RESULT OF YOUR USE OF ALL OR PART OF THE PLATFORM AND/OR GAME IN VIOLATION OF THE LAW OR OF YOUR OBLIGATIONS AS STIPULATED IN THESE TERMS.
EXPERIMENT 7 MAY IN NO CASE BE HELD LIABLE FOR PAYMENT TO YOU OF ANY SUM OR ANY DAMAGES AS A RESULT OF YOUR BEING UNABLE TO USE ALL OR PART OF THE PLATFORM. IN NO CASE MAY EXPERIMENT 7 BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, INCIDENTAL OR OTHER DAMAGES RESULTING FROM THE USE OR IMPOSSIBILITY OF USING THE PLATFORM OR GAME, EVEN IF EXPERIMENT 7 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (V) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EXPERIMENT 7 AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
IN THE EVENT OF A BREACH OF YOUR LEGAL OR CONTRACTUAL OBLIGATIONS, EXPERIMENT 7 RESERVES THE RIGHT (i) TO DELETE YOUR ACCOUNT AND TERMINATE YOUR LICENSE FOR USE OF THE PLATFORM AND GAME, AND (ii) TO TAKE LEGAL ACTION ON GROUNDS OF CIVIL OR CRIMINAL RESPONSIBILITY IN ORDER TO HALT THE VIOLATION AND OBTAIN COMPENSATION FOR ITS LOSSES. IN PARTICULAR, WITHOUT LIMITATION, EXPERIMENT 7 RESERVES THE RIGHT TO PROSECUTE ANY USER WHO WAS DELIBERATELY DAMAGED OR ATTEMPTED TO DAMAGE THE PLATFORM OR DISRUPTED THE LEGITIMATE FUNCTIONING OF THE PLATFORM OR PROVIDED ASSISTANCE FOR SO DOING.
EXPERIMENT 7 RESERVES THE RIGHT TO TERMINATE ALL OR PART OF THE AVAILABLE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE.
YOU ACKNOWLEDGE AND ACCEPT THAT, WITHIN THE LIMITS AUTHORIZED BY LAW, IN THE EVENT OF A DISPUTE WITH EXPERIMENT 7 OR ITS LICENSORS YOU MAY (i) CEASE TO USE THE SERVICES AND TERMINATE YOUR ACCOUNT AND, (ii) IF APPLICABLE, TAKE LEGAL ACTION TO OBTAIN COMPENSATION FOR YOUR LOSSES. THE LIABILITY OF EXPERIMENT 7, INCLUDING ITS LICENSORS AND AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES, MANAGERS OR DIRECTORS (COLLECTIVELY REFERRED TO AS THE "AFFILIATES") TO YOU MAY NOT EXCEED THE PRICE YOU HAVE PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE DISPUTE.
REGARDLESS OF THE ABOVE, THE PROVISIONS OF THIS SECTION 7 IN NO CASE LIMIT EXPERIMENT 7'S LIABILITY TO YOU IN THE EVENT OF FRAUDULENT STATEMENTS OR DEATH OR PHYSICAL INJURY RESULTING FROM EXPERIMENT 7'S NEGLIGENCE. IN ADDITION, THE RESTRICTIONS, EXCLUSIONS AND NON-LIABILITY CLAUSES OF THIS ARTICLE AND OF THE OTHER STIPULATIONS OF THESE TERMS APPLY WITHIN THE LIMITS OF APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You shall defend, indemnify, and hold harmless Experiment 7 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 Software; (ii) your access to the Platform; (iii) any activities conducted through your Account (whether by you or another person); (iv) your breach of these Terms; and (vi) your infringement or violation of any rights of another.
Experiment 7 reserves the right to take sole responsibility, at its own expense, for conducting the defense in and controlling any other cases for which you are normally obligated to guarantee it. If Experiment 7 does so, you will no longer have any obligation to provide a guarantee to Experiment 7 regarding the case in question.
The Company may terminate or suspend any and all Services and ay Account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination of your Account, your right to use the Services and the Platform will immediately cease.
If you wish to terminate your Account, you may do so by discontinuing your (i) use the Services or (ii) access to the Platform.
Sections 2, 5, 7, 8, and 9 shall survive the termination of these Terms.
11. UPDATES; AMENDMENTS TO TERMS
Experiment 7 may, in its sole discretion, update and/or amend these Terms from time to time by posting an amended or updated version and notifying you when you attempt to log in to the Platform. If these Terms are amended, you will be asked to review the amended or updated Terns when you log into your Account, and to indicate and confirm your acceptance of the amended or updated Terms by clicking the "ACCEPT" and/or "CONFIRM" buttons. You must accept the Terms in order to continue to access the Platform.
If the amendment or update alters a material term of the Terms that is unacceptable to you, you may, as your sole and exclusive remedy, terminate these Terms and close your Account as described in Section 9, Termination.
B. MAGIC TABLE CHESS – END USER LICENSE AGREEMENT
1. PARTIES SUBJECT TO EULA; SUBJECT MATTER OF EULA
This EULA governs your download and installation of, and access to and use of Magic Table Chess, an interactive online game that is offered in virtual reality (the “Game”) offered by Experiment 7. This is a binding agreement between you and Experiment 7.
2. REQUIREMENTS TO PLAY
To play the Game, you must: (i) use a compatible Virtual Reality Device; (ii) download a copy of the Game Software; (iii) create an Account on the Platform; (iv) obtain and maintain your own Internet access, which has sufficient bandwidth to play the Game; and (v) comply with this EULA and the Terms of the Platform.
Your Account Platform and the Avatar you create on the Platform will also be used within the Game.
3. OWNERSHIP OF THE GAME AND GAME SOFTWARE
Ownership of the Game and Game Software
As between you and Experiment 7, Experiment 7 is the sole and exclusive owner of the Game, Game Software and Game Content (as defined below). The Game, Game Software, and all Game Content are protected by law governing copyrights, trademarks, and other proprietary rights. Experiment 7 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, currency, objects, and attributes comprising or associated with a character or an Account), graphics, sound effects, music, animation, video, text, content, layout, design, and other information downloaded from and accessible through the Platform (collectively, the "Game Content"). Experiment 7, 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 Software, Platform, Game, and all Game Content, and no rights thereto are transferred to you, except for the limited license granted above.
Rights to Certain Content
You have no interest in the value of your time spent playing the Game, e.g., by the building up of the experience level of your character and/or the items your character accumulates during your time playing the Game. Your Account, and all attributes of your Account, including without limitation all objects, currency, and items acquired, developed or delivered by or to characters as a result of play through your Accounts, are the sole and exclusive property of Experiment 7, including any and all copyrights and other intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved.
You hereby irrevocably, and without additional consideration beyond the rights granted to you herein, assign to Experiment 7 any and all right, title, and interest you have, including copyrights, in or to any and all information you exchange, transmit, or upload to the Platform or while playing the Game. To the extent that any such rights are not assignable, you hereby grant Experiment 7 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.
The Game allows you to communicate information by posting messages in chat rooms, on bulletin boards, and via voice chat with other Users (collectively, "User Content").
User Content that you cause to be communicated in the Game may not (i) violate any statute, rule, regulation, or law; (ii) infringe or violate the intellectual property, proprietary, privacy or publicity rights of any third party; (iii) be discriminatory, defamatory, indecent, obscene, pornographic, or harmful to minors; or (iv) contain any viruses, Trojan horses, disabling code, worms, time bombs, "clear GIFs," cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or personal information.
Experiment 7 may take any action it deems appropriate regarding any User Content, if Experiment 7 believes, in its sole discretion, that such User Content violates the EULA, or that such User Content may (i) expose Experiment 7 or its licensors and/or suppliers to liability; (ii) damage Experiment 7's relationships with any of its respective suppliers, licensors, Internet service providers, or other users of the Game; or (iii) harm anyone or harm Experiment 7's reputation or goodwill.
You hereby grant Experiment 7 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 your User Content, in any medium now known or hereafter developed.
Violation of Experiment 7's proprietary rights is a material breach of the EULA, in the event of which Experiment 7 may suspend your Account, terminate the EULA, and take whatever additional action Experiment 7 deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and all of Experiment 7's other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.
Subject to the other terms of the EULA, Experiment 7 grants you a limited, non-exclusive, revocable license to use the Game Software and its accompanying documentation solely in connection with accessing playing or otherwise using the Game using a single valid Account.
License to Play the Game
Upon establishing a valid Account on the Platform, and subject to your continued compliance with the EULA, Experiment 7 grants you a limited, non-exclusive, revocable license to access and use the Game Content and User Content (as defined below) in order to play the Game. You may download and exchange Game Content and User Content exclusively via a valid Account, solely to play the Game, for purposes permitted by, and in a manner consistent with, the EULA.
Any and all rights not expressly granted by Experiment 7 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 Platform for any purpose other than playing the Game in accordance with the EULA. You may not access the Game or upload, download, or use information accessible through the Game, other than as permitted by 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 Software or any documentation accompanying the Game Software. You may not transfer the Game Software 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, User Content, or any item, object or character in your Account, except that you may modify certain Game Content and User Content solely for your own purposes in playing the Game, but only to the extent permitted by the Platform.
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 Software, or from any information accessible through the Game (including, without limitation, data packets transmitted to and from the Game 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 Software and/or the Game contain license management technology, you may not circumvent or disable that technology. This section shall apply to the fullest extent permitted by applicable law.
Experiment 7 may from time to time update or otherwise modify the Game Software electronically, or require you to install updates, patches, or fixes to the Game Software ("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, Experiment 7 shall not be responsible in any way for your inability to play the Game, and you shall not be entitled to receive a refund of any prepaid Fees or any other form of compensation. You hereby grant Experiment 7 permission to: (i) extract hardware system profile data from your hardware; (ii) extract information from your computer's file directories pertaining to the Game; and (iii) download to your hardware any content, Game files and any data related to the operation of the Game. The foregoing applies to any hardware from which you log into the Platform using your Account.
New Releases of the Software
You are not entitled to receive any new releases of the Game Software, or any expansion packs, downloadable content, or similar products under the EULA, but Experiment 7 may, in its sole discretion, offer any or all of the foregoing to you. Experiment 7 may provide new releases or otherwise enhance the Game Software at any time, in its sole discretion, without obligation to you. Any such new release or other enhancement of the Game Software may change the Game's terms, conditions, features, items, mechanics, or any other element of the Game. Periodically, Experiment 7 will require all users to migrate to new releases of the Game Software in order to continue playing the Game. You will be informed when a new release is available when logging in and must install the new release before you will be allowed to play the Game or access the Platform. If you fail to install the new release when required, Experiment 7 shall not be responsible in any way for your inability to play the Game, and you shall not be entitled to receive a refund of any prepaid Fees or any other form of compensation.
Experiment 7 will provide support for the Game and Game Software. Support is available by emailing firstname.lastname@example.org. You may also visit www.experiment7.com/support for more information about support. If you have any questions regarding the Game or Game Software, please contact us at email@example.com.
The Company welcomes any input from its Users with respect to the Game. User hereby grants the Company a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) User communicates to the Company, without compensation, without any obligation to report on such use, and without any other restriction. The Company’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. “Feedback” refers to any suggestion or idea for modifying any of the Company’s products or services, including without limitation all intellectual property rights in any such suggestion or idea.
5. FEES AND PAYMENT TERMS
When playing the Game, it may be possible to purchase items for use within the Game in return for specific item charges. You will be informed of any applicable download fees, item charges, or any other fees (together the "Fees"), as well as applicable payment terms immediately prior to purchase. All items for use within the Game may expire on the earlier of their stated expiration date, the termination or expiration of your Account, as a result of Game Software upgrades or other changes to the Game, or on the date Experiment 7 ceases to offer or support the Game. Experiment 7 reserves the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
Fees may be payable in U.S. Dollars, Euros, British Pounds Sterling, or such other currency as stated at the time of purchase, and are non-refundable unless expressly stated otherwise in the EULA. Failure to pay any such Fees will constitute a material breach of this EULA, and your Account may be immediately suspended or terminated at Experiment 7's discretion.
You are responsible for familiarizing yourself with the Fees in the Game, and for changes of Fees and/or payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and discontinue your use of the Game. You are responsible for paying all applicable taxes and for all hardware, software, Internet service, and other costs you incur to access the Game and the features offered therein.
6. TERMINATION; SUSPENSION OF ACCOUNT
By Experiment 7 for Termination of the Game
Experiment 7 does not guarantee that it will continue to offer access to the Platform or support the Game. Experiment 7 may, in its sole discretion and at any time, cease to provide any or all of the items or services offered in connection with the Platform (including access to the Platform and any or all features or components of the Game), terminate this EULA, close all Accounts, and cancel all of the rights granted to you under this EULA. Experiment 7 may communicate such termination to you in any of the following manners: (i) when you log into your Account; (ii) in a notice on Experiment 7's website; (iii) via electronic mail; or (iv) in another manner that Experiment 7 deems suitable to inform you of the termination. If Experiment 7 terminates the EULA pursuant to this section, you will not be entitled to receive a refund of any Fees.
By Experiment 7 for Breach or Misconduct By User
Suspension of Account
Without limiting Experiment 7's rights or remedies, Experiment 7 may immediately and without notice discontinue or suspend access to the Platform through your Account, and any and all other Accounts that share the name, phone number, e-mail address, Internet protocol address, MAC address or credit card number with the discontinued or suspended Account, in the event of (i) a breach of the EULA (including the rules of conduct) by you or any user under your Account; or (ii) unauthorized access to the Platform or use of the Game by you or any user under your Account.
Termination of EULA
Experiment 7, in its sole discretion, may immediately and without notice terminate the EULA, close all your Accounts, and cancel all rights granted to you under the EULA if: (i) you fail to pay the Fees when due; (ii) Experiment 7 is unable to verify or authenticate any information you provide; (iii) you or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the Game, Software or Platform, or infringes the rights of Experiment 7 or any third party; or (iv) Experiment becomes aware of gameplay, chat, or user activity under your Account that is, in Experiment 7's discretion, inappropriate, offensive, or in violation of the rules of conduct. Experiment 7 may, but is not obligated to, provide notice of termination via electronic mail, or any other means reasonably calculated to reach you.
Experiment 7 reserves the right to terminate any and all other Accounts in the Game that share the name, phone number, e-mail address, Internet protocol address, or credit card number with a closed Account. Termination by Experiment 7 under this section shall be without prejudice to or waiver of any and all of Experiment 7'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.
Termination of EULA
You may terminate the EULA with regard to any or all of your Accounts at any time, upon notice to Experiment 7 via electronic mail. Upon termination of the EULA, Experiment 7 will close your Account and discontinue or suspend access to the Platform through your Account; you will not be entitled to receive a refund of any Fees in the event of such termination.
Change in the Fees or Payment Terms
If a change in the Fees or payment terms is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close all of your Accounts. You may terminate the EULA by notifying Experiment 7 via electronic mail to Experiment 7 at firstname.lastname@example.org within thirty (30) days after the later of (a) the date that Experiment 7 has posted the change on its website; or (b) the date the change has impacted your Account (e.g., your credit card has been charged). Your notice must state: (i) that you do not agree to the change, specifically describing the change, and that you wish to terminate the EULA and (ii your login name. You will not be entitled to receive a refund of any Fees in the event of such termination. If you continue to access the Platform or play the Game more than thirty (30) days after the later to occur of (a) or (b) above, without following the termination procedure set forth above, you shall be deemed to have accepted the change and waive your rights to terminate under this section.
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 and close your Accounts. You may terminate the EULA by: (a) clicking the "DECLINE" button when you are prompted to review and agree to the amended EULA; or (b) notifying Experiment 7 via electronic mail to Experiment 7 at email@example.com within thirty (30) days after the amended EULA was communicated to you, provided that you have not clicked the "ACCEPT" button, accessed the Platform, or played the Game during that period. Your notice must state: (i) 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 and (ii) your login name. You will not be entitled to receive a refund of any Fees in the event of such termination. If you click "ACCEPT" or otherwise continue to access the Platform or play the Game, you shall be deemed to have accepted the amended EULA and waive your rights to terminate under this section.
If for any reason the EULA is terminated with regard to your Account, the Account will be closed, and all rights granted to you under the EULA will terminate with regard to the closed Account. You must discontinue your use of the Software, you may not access the Platform or play the Game under any closed Account, and all the attributes of the Account, including characters, items, and currency in the Account, 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 the Game, for the real or projected value of your Account, or for any other compensation.
Users whose Accounts have been closed may not access the Platform or play the Game in any manner or for any reason, including through any other Account, without the express written permission of Experiment 7. Users of active Accounts may not knowingly allow former users whose Accounts have been closed to use the active user's Accounts.
Except for certain information in your Account (discussed below), all transmissions by you to the Game are not private. You acknowledge and agree that you have no expectation of privacy regarding communications you make in the Game, whether through private in-Game messaging, during chat, or in chat rooms. Experiment 7 and/or its designated affiliates and representatives may monitor communications made by or received from you. You should not provide private information to any other user in the Game. Experiment 7 shall not be responsible for the consequences of any such disclosure by you.
You may encounter and converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language while playing the Game. You may report any instances of such behavior to Experiment 7. Experiment 7 will investigate and take such measures as Experiment 7, in its sole judgment, determines are reasonable under the circumstances. You may encounter behavior of others that you may view as insulting, demeaning, offensive, threatening, or harassing. You assume all risk associated with playing the Game, and Experiment 7 assumes no responsibility for the conduct of any other players, and shall not be liable to you or any other person for their conduct.
You agree that Experiment 7 may remotely monitor your Game hardware solely for the purpose of establishing whether, in playing the Game and accessing the Platform, you are using software created or approved by Experiment 7 or its partners, or whether you are using unauthorized software created by you or a third party in contravention of Section 6.
8. SEIZURE WARNING
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 video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Players using virtual reality hardware should carefully review all health and safety warnings from their respective manufacturers before use.
You shall defend, indemnify, and hold harmless Experiment 7 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 Software; (ii) your access to the Platform; (iii) any activities conducted through your Account (whether by you or another person); (iv) your playing of the Game; (v) your breach of this EULA; and (vi) your infringement or violation of any rights of another.
Experiment 7 reserves the right to take sole responsibility, at its own expense, for conducting the defense in and controlling any other cases for which you are normally obligated to guarantee it. If Experiment 7 does so, you will no longer have any obligation to provide a guarantee to Experiment 7 regarding the case in question. The provisions of this Section remain valid and in force after termination of this.
10. AMENDMENTS TO EULA
Experiment 7 may, in its sole discretion, amend the EULA from time to time by posting an amended version and notifying you when you attempt to log in to the Platform and/or access the Game. If the EULA is amended, you will be asked to review the amended EULA when you log into your Account, and to indicate and confirm your acceptance of the amended EULA by clicking the "ACCEPT" and/or "CONFIRM" buttons. You must accept the EULA in order to continue to access the Platform or 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 6, Termination.
C. MISCELLANEOUS TERMS APPLICABLE TO TERMS/EULA
1. GOVERNING LAW AND JURISDICTION
These Terms/EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of Delaware, without regard to Delaware’s conflict or choice of law provisions. The parties consent to personal and exclusive jurisdiction of the federal and state courts located in Los Angeles, California.
You agree that any dispute regarding the interpretation or enforcement of these Terms/EULA shall be decided by confidential, final and binding arbitration conducted by a mutually agreed to arbitrator. The filing fees and arbitrator's fees and costs in such arbitration will be borne by the non-prevailing party. The parties will be entitled to reasonable discovery of essential matters as determined by the arbitrator. In the arbitration, the parties will be entitled to all remedies that would have been available if the matter were litigated in a court of law.
If any part of these Terms/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 these Terms/EULA, and the remaining portions shall remain in full force and effect.
3. COMPLIANCE WITH LAWS
You shall comply with all applicable laws regarding your access to and use of the Platform, use of the Game Software, your access to your Account, and your playing of the Game. Without limiting the foregoing, you may not download, use, or otherwise export or re-export any part of the information accessible through the Game, the Platform or the Game Software, except in full compliance with all applicable laws and regulations.
4. NO ASSIGNMENT
Pursuant to California Civil Code Section 1789.3, please note that (a) Experiment 7 is located at 592 Samuel Court, Encinitas CA 92024, (b) the fees and charges for you use of the Platform and the Game depend on the services selected by you, and (c) if you have a complaint regarding the Game Software, Platform or Game or desire further information on the use of the Platform, please visit www.experiment7.com/support or email firstname.lastname@example.org. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
All notices to Experiment 7 required or permitted by these Terms/EULA shall be by electronic mail at email@example.com, unless stated otherwise in these Terms/EULA.
6. ENTIRE AGREEMENT
7. NO WAIVER
The fact that Experiment 7 or the User does not exercise or assert any right or provision contained in these Terms/EULA may not be considered to constitute waiving of said right or provision. Waiver of one of the provisions of these Terms/EULA may be considered to have taken place only after signing of a written statement to this effect by Experiment 7 or by the User.
8. TITLES AND HEADINGS
The titles and headings of the clauses are intended solely to facilitate reading and understanding of these Terms/EULA and may in no case allow any assumption to be made as to the content of the clauses and the way in which they may be interpreted.
Copyright 2019 Experiment 7 Inc. All rights reserved.