END USER LICENSE AGREEMENT
LAST UDATED: August 7, 2020
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING HOOPS MADNESS (THE “GAME SOFTWARE”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY VRSTUDIOS, INC. AND ITS AFFILIATED COMPANIES, LOCATED AT 8509 154TH AVE NE, REDMOND WA 98052 (COLLECTIVELY, “VRSTUDIOS”).
YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE GAME SOFTWARE. IF YOU ARE 13 OR OVER AND OF OR OVER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU AGREE TO AND ACCEPT THIS EULA. IF YOU ARE 13 OR OVER BUT BENEATH THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST OBTAIN THE AGREEMENT AND ACCEPTANCE OF A PERSON WITH PARENTAL AUTHORITY FOR YOU AND THAT PERSON AGREES TO AND ACCEPTS THIS EULA.
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and VRstudios shall not grant to you the License (defined below) to the Game Software.
LIMITED USE LICENSE
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by VRstudios or its licensors.
The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by VRstudios from others, and VRstudios and VRstudios’ licensors may protect their rights in the event of any violation of this Agreement.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from VRstudios, use, advertise or exploit in any manner the Game Software or any of its parts commercially;
(b) without a separate, additional license from VRstudios, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
(c) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by VRstudios in writing;
(d) make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of VRstudios. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring the original Game Software media (e.g., the CD-ROM or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Game Software; provided, however, that you permanently delete all copies and installations of the Game Software in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of VRstudios and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
(i) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations;
(j) create data or executable programs that mimic data or functionality in the Game Software;
(k) use the Game Software in connection with an agreement with other individuals to wager any money or other thing of value; or
(l) cheat (including but not limited to utilizing exploits or glitches) or utilize any unauthorized robot, spider, or other program in connection with any online features of the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
GAME SOFTWARE UPDATES AND PATCHES
VRstudios may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. VRstudios may update, patch or modify the Game Software remotely and access the Game Software residing on your machine for such purpose, and you hereby grant to VRstudios the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.
CODE OF CONDUCT
VRstudios supports a friendly, respectful community for use of the Game Software. Where we make the functionality available, certain aspects of the Game Software may include multiplayer, messaging other users, voice chat and other multiplayer and community functionalities. All users must act reasonably and fairly when interacting with other Game Software users.
Please act responsibly and in a way which respects the rights of other users. You must not abuse other users, harass them or engage in trolling or stalking behavior. You must not take any action, upload or share any content, or otherwise use the Game Software in any way which is in any way immoral, unethical, hateful, offensive, a breach of privacy, illegal, racist, vulgar, pornographic, sexually offensive, libelous, defamatory, threatening and/or bullying. You must not impersonate any person, including without limitation VRstudios staff.
In the event of a breach of this Code of Conduct, VRstudios reserves the right to immediately terminate this EULA and your use of the Game Software without you being entitled to any refund or compensation.
VRstudios is not responsible for moderating, monitoring or recording any activity in the Game Software or in connection with the Game Software (including without limitation messages, posts, written chat and voice chat between players), although we reserve the right to do so. We may (but we are not obliged to) moderate such content and activities to ensure they are in compliance with the terms of this EULA. We reserve the right to delete, without notice, any content, materials and/or communications which are in breach of this EULA. In serious cases, we may take steps together with the Stores or relevant platforms for the Game Software and/or with law enforcement authorities and this may involve us disclosing information to those third parties and authorities.
HEALTH AND SAFETY INFORMATION
PLEASE READ THIS NOTICE BEFORE YOU OR ANYONE IN YOUR CARE USE THIS GAME SOFTWARE
The Game Software may contain flashing lights, realistic images and simulations.
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 playing video games.
This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using this Game Software suffers in this way, has a condition, which makes this possible or has experienced similar symptoms, please consult a doctor before using this Game Software. If you or they are already using the Game Software please stop and consult a doctor.
If you, your child or anyone in your care experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
If you or any part of you feels tired, fatigue or discomfort whilst using this Game Software or other games please stop and rest. If it continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games 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 THIS GAME SOFTWARE:
Please do not:
• use or play this Game Software (or others) if you are or feel sick, tired, fatigue or discomfort, or are under the influence of alcohol or drugs, or hung-over;
• use or play the Game Software while in a moving vehicle such as a car, bus, or train;
• play for too long at any one time, please follow all guidance applicable to or accompanying the platform you use in respect of playing time and take a 10 to 15 minute break every 30 minutes.
Notice to parents and caregivers:
Please observe children while they use this Game Software and other games. Please ensure that you and they following the precautions described above and in the health and safety warnings for the relevant platform (if any). If your child experiences dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
Prolonged use should be avoided. Please ensure that children take regular breaks and monitor children closely during and after use for any negative effects.
EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
• YOU INSTALL AND USE THIS GAME SOFTWARE (INCLUDING ANY AND ALL CONTENT, RELATED MATERIALS, SERVICES AND UPDATES AS AND WHEN THEY MAY BE MADE AVAILABLE AT OUR DISCRETION) AT YOUR OWN RISK;
• THE GAME SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT;
• VRSTUDIOS AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THIS GAME SOFTWARE WILL BE UNINTERRUPTED, BUG OR ERROR FREE OR THAT ERRORS OR BUGS CAN BE CORRECTED;
• VRSTUDIOS AND ITS LICENSORS EXCLUDE ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
• VRSTUDIOS AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME SOFTWARE, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;
• VRSTUDIOS AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY VRSTUDIOS OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT.
THIS EULA SHALL NOT LIMIT OR EXCLUDE ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION THE FOLLOWING: FRAUDULENT MISREPRESENTATION; DEATH OR PERSONAL INJURY ARISING CAUSED BY NEGLIGENCE OF VRSTUDIOS OR ITS LICENSORS; OR THE EVENT WHERE THE GAME SOFTWARE IS DEFECTIVE, AND WE DELIVERED IT TO YOU, AND IT DAMAGES YOUR PROPERTY. HOWEVER, WE WILL NOT BE LIABLE IF THE DAMAGE COULD HAVE BEEN AVOIDED BY FOLLOWING OUR ADVICE ABOUT SYSTEM REQUIREMENTS, INSTALLATION GUIDANCE, GAME SOFTWARE USE GUIDANCE OR BY APPLYING UPDATES WE OFFERED TO YOU FREE OF CHARGE.
WE RECOMMEND THAT YOU BACK-UP ANY CONTENT AND DATA OF YOURS USED IN CONNECTION WITH THE GAME SOFTWARE TO PROTECT YOURSELF AND IN CASE OF A PROBLEM WITH THE GAME SOFTWARE OR DATA CORRUPTION.
THE GAME SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS.
OTHER THAN AS SET OUT SPECIFICALLY ABOVE OR WHERE OUR LIABILITY CANNOT BE LIMITED BY APPLICABLE LAW, OUR OVERALL LIABILITY TO YOU IS LIMITED TO THE PRICE YOU PAID FOR THE GAME SOFTWARE OR, IN THE EVENT NO PRICE WAS PAID, $100.
VRSTUDIOS USES ITS REASONABLE SKILL AND CARE TO PROVIDE THE GAME SOFTWARE AND ITS CONTENT AND UPDATES, BUT IT DOES NOT GUARANTEE THAT THERE WILL NOT BE ERRORS, BUGS OR INTERRUPTIONS IN OR WHEN USING THE GAME SOFTWARE (INCLUDING WITHOUT LIMITAITON ANY CONTENT OR UPDATES), OR THAT IT WILL NOT CAUSE ANY PROBLEMS WITH YOUR DEVICE.
TERM AND TERMINATION
Without prejudice to any other rights of VRstudios, the License shall remain in effect for as long as you use, operate or run the Game Software. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by destroying the Game Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Liability,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
Because VRstudios would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that VRstudios shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
You agree to indemnify, defend and hold harmless VRstudios, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND VRSTUDIOS CONCERNING THE GAME SOFTWARE, SHALL BE CONSTRUED AND ENFORCED UNDER WASHINGTON STATE LAW, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND VRSTUDIOS CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN SEATTLE, WASHINGTON, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE GAME SOFTWARE, AND YOU AND VRSTUDIOS WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE THE UNITED STATES, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
VRstudios reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the VRstudios website and/or will communicate such changes through the Steam service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
This Agreement represents the complete agreement between you and VRstudios concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and VRstudios (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
If you have any questions concerning this Agreement or the License contained therein, you may contact VRstudios at firstname.lastname@example.org