TERMS OF SERVICE
Effective Date: October 11, 2022
1. THESE GAME TERMS
1.1.Parties. These terms (the “Terms”) govern your use of Marvel’s Iron Man on Meta Quest (the “Game”) and form an agreement between you and Camouflaj, Inc., (“Camouflaj”, “we”, “our” and/or “us”).
1.2.Data Privacy. Our Marvel’s Iron Man Privacy Policy (https://camouflaj.com/privacy/) explains how we collect, use, and share information when you use the Game.
1.3.Terms of Purchase. The Game is available via the Meta Quest platform and purchase is subject to the Meta Quest terms of sale and applicable refund policy. If you are playing the PlayStation VR version of the Game, these terms do not apply, please see PlayStation’s terms.
1.4.Conflict of Terms. Where there is any conflict between these Terms and any other terms applicable to your use of the Game, these Terms shall take precedence.
1.5.The Game is intended solely for users who are 13 or older (or 14 or older in Korea). Any use of the Games by anyone under the age of 13 (or under the age of 14 in Korea) is unauthorized, unlicensed, and in violation of these Terms. You certify that you are of the legal age of majority in the jurisdiction in which you reside and accept and agree to be bound by these Terms, or if you are between the ages of 13 and the legal age of majority (or, if you are in Korea, between the ages 14 and the legal age of majority), that you are using the Games with the supervision of your parent or legal guardian who agrees to be bound by these Terms, and that you have reviewed these Terms with your parent or guardian so that you both understand all of your rights and obligations. As described in Section 8.3, use of the Game in violation of this provision may result in restriction, suspension, or disablement of your access to or use of the Game and/or your account. Additionally, the Game may receive a rating from the International Age Rating Coalition, which rating may vary by jurisdiction. Parents should consult the applicable rating of Game in their jurisdiction, before permitting their minor children to play.
2. THE GAME
2.1. Game Content. As between you and us, we retain all rights to all Game content, and any in-game content you access or use through the Game remains the property of us and our licensors. When you buy the Game, you will receive a limited, revocable, non-exclusive, non-assignable license to access and use the Game, its content and functionality, conditioned on your compliance with these Terms.
2.4. Ratings and Objectionable Content. We may display age, comfort and/or content ratings for the Game. We cannot guarantee that digital content ratings will always be accurate, nor can we promise that you will not find some material harmful, offensive, indecent or objectionable.
2.5 Modifications to the Games. The functionality, performance, or both of the Game may change over time. We may introduce new features, impose limits on, suspend, eliminate, change, or update certain existing features or any part of the Game, or restrict access to parts or all of the Game. We will provide you with reasonable notice (where possible) if these changes adversely affect you. We may offer free trials or other limited versions of the Game so that you can preview before purchase. These versions may have limited features, restrict the permitted time of use and contain other limitations.
3. PERMISSIONS
3.1.The Permissions You Give Us. We need certain permissions from you to provide the Game. These include legal permissions (known as a “license”) to use content, including content you may create, share, post, or upload in connection with your use of the Game. Specifically, to the extent permitted by applicable laws,when you create, share, post, or upload content in connection with the Games, you hereby grant us a perpetual, non-revocable, non-exclusive, transferable, sub-licensable, royalty-free, fully paid-up, worldwide license to host, use, interact with, supplement, manipulate, distribute, modify, run, copy, publicly perform, display, translate, and create derivative works of your content in any and all media whether now or hereafter known, solely for the purposes of promoting, providing and improving the Games and other Facebook Products and services. This means, for example, that if you create or upload Game content onto your social media channels, you give us permission to store, copy, and share it with others. To the fullest extent permitted by law, you hereby waive and agree to waive, and agree not to exercise, all rights known or referred to as “moral rights,” “artist’s rights,” “droit moral,” or other similar rights in and to any such content. These rights may include, for example, the right to be identified as the author of a written work, and the right to object to any unfair treatment of a written work. You hereby give us and Meta Platforms Inc., (including its affiliates) permission to use your name, profile picture and information about your actions that you have taken in the Game with ads, offers, and sponsored content that Meta may display across its products, without any compensation to you. Ads such as these can be seen only by people who have your permission to see the actions that you've taken in Games. You can learn more about your ad settings and preferences at https://www.facebook.com/about/ads/.
3.2 Permission to Update Software You Use or Download. If you download or use our software, you give us and our service providers permission to download and install updates to the software where available. For clarity, this right includes permission to download and install updates to the software embedded on the device you use to access the Game.
4. WHAT YOU CAN SHARE AND DO ON THE GAME
4.1. Permission to Use. When you purchase the Game, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to install, access and use the Game on Meta Quest devices that you own or control solely for personal non-commercial purposes, conditioned on your compliance with these Terms. You are not permitted to use the Game for any commercial purposes.
4.2. Your Obligations. By accessing or using the Game, you agree that you will not:
(a) access or use the Game in any manner that could interfere with, disrupt, negatively affect, or inhibit anyone from fully enjoying the Game, including, but not limited to, cheating, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content;
(b) damage, disable, overburden, or impair the functionality of the Game in any manner;
(c) access or use the Game for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms, the Meta Quest Conduct in VR Policy, or any other terms or policies provided in connection with the Game;
(d) use or attempt to use another user’s account without authorization from such user;
(e) modify, adapt, hack, or emulate the Game;
(f) use any robot, spider, crawler, scraper, or other automated means or interface not provided or authorized by us to access the Game or extract data;
(g) circumvent or attempt to circumvent any filtering, security measures, or other features designed to protect the Game or third parties;
(h) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Game, except as otherwise expressly provided herein; or
(i) infringe upon or violate our rights or the rights of other users or any third party, including without limitation our licensor.
4.3. Prohibitions and Content Removal. You are responsible for the content and conduct that you create, share, post, upload, or engage in, alone and/or together with others. Do not engage in conduct or make content available on, through or about the Game that is illegal, harmful, offensive, objectionable, encourages or enables cheating, or violates Meta Quest Conduct in VR Policy or our other terms and policies. In addition, you may not create currencies, crypto currencies, stocks, banks, stock exchanges, or similar financial instruments with any “real world” monetary value. We, at our sole discretion, may remove, delete, modify, or restrict access to content that we determine violates our terms and policies, including content that infringes intellectual property rights (such as by infringing another’s copyright or trademark rights, or distributing or selling counterfeit or pirated goods). We encourage you to report content or conduct that you believe violates your rights or our terms and policies. If you believe that anything on or available through the Game infringes any intellectual property rights you own or control, you may submit a notification of such infringement with us as follows:
Attn: Designated Agent
Camouflaj, Inc.
Camouflaj, Inc.
10655 NE 4th, Suite 400
Bellevue, WA 98004
USA
Email address: whatsup@camouflaj.com
5. WARNINGS AND DISCLAIMERS
5.1 Jurisdictional Limitations. IN SOME JURISDICTIONS THE LIABILITY PROVISIONS INCLUDED IN THIS SECTION 5 ARE PROHIBITED, INCLUDING PROVISIONS THAT EXCLUDE OR LIMIT IMPLIED GUARANTEES OR WARRANTIES. NO PROVISIONS IN SECTION 5 WILL THEREFORE BE BINDING ON YOU IN CIRCUMSTANCES WHERE THEY ARE PROHIBITED IN THE JURISDICTION IN WHICH YOU ARE RESIDENT. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS CLAUSE 5 AFFECTS ANY RIGHTS OR REMEDIES THAT YOU MAY HAVE WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5.2 General Warranties. We work hard to provide the best products and services we can and to specify clear guidelines for everyone who uses them. However, to the maximum extent permitted by law, our products and services are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Nothing in this Section will limit our obligations to supply the Game in accordance with any statutory warranties required under consumer laws applicable in your place of residence.
5.3 Health and Safety Warning. THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING THE GAME. TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT, AND PROPERTY DAMAGE, PLEASE ENSURE THAT ALL USERS OF THE GAME CAREFULLY READ THE WARNINGS AND INSTRUCTIONS PROVIDED AT THE LINK ABOVE BEFORE USING THE GAME. SOME VR GAMES INVOLVE INTENSE PHYSICAL ACTIVITY, AND YOU MAY WANT TO CONSULT YOUR DOCTOR BEFORE PLAYING. ADDITIONALLY, SOME PEOPLE (ABOUT 1 IN 4,000) MAY EXPERIENCE SEIZURES WHEN EXPOSED TO CERTAIN FLASHING LIGHTS, PATTERNS OR IMAGES, EVEN WITH NO HISTORY OF EPILEPSY OR SEIZURES.
FAILURE TO FOLLOW THIS HEALTH AND SAFETY INFORMATION MAY RESULT IN DAMAGE TO YOUR VIRTUAL REALITY SYSTEM, ACCESSORIES, CONNECTED DEVICES, OR OTHER PROPERTY, AND MAY INCREASE THE RISK OF PERSONAL INJURY, DISCOMFORT, OR OTHER POTENTIAL HAZARDS. IN USING THE GAME, YOU REPRESENT AND WARRANT THAT YOU HAVE REVIEWED THESE INSTRUCTIONS (AND WILL REVIEW ANY UPDATES THERETO) AND WILL ACT IN ACCORDANCE WITH SUCH WARNINGS AND INSTRUCTIONS.
5.4. Indemnification. To the maximum extent permitted by law, you agree to defend (at our request), indemnify, and hold harmless Camouflaj and its parent and affiliates, Marvel Brands LLC, and its parent and affiliates, our independent contractors and service providers, and each of the foregoing’s respective directors, officers, employees, and agents (collectively, “Indemnified Parties”) from and against all claims, liabilities, damages, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and costs) arising out of or in any way connected with (a) your violation of these Terms, or any other applicable terms, policies, warnings, or instructions; (b) your violation of any applicable law or any rights of any third party; and (c) any content you create, share, post, or upload, via the Game, except to the extent the claims, liabilities, damages, losses and expenses are caused by an Indemnified Party’s negligence or fraud.
5.5 Liability Limitations. The Indemnified Parties’ liability shall be limited to the fullest extent permitted by applicable law, and none of the Indemnified Parties will be liable to you for (i) losses that are not caused by our breach of these Games Terms or otherwise by our acts, (ii) losses that are not reasonably foreseeable by you and us at the time of entering into these Terms, and (iii) losses caused by events beyond our reasonable control. To the fullest extent permitted by applicable law, our aggregate liability and that of any of the Indemnified Parties (if applicable) arising out of or relating to these Terms or the Game will not exceed the greater of $500 or the amount you have paid for the Game in the past six (6) months. Notwithstanding the foregoing, the limits on liability set out in this Section 5.5 do not apply in respect of the Indemnified Parties’ liability arising from their gross negligence, fraud or willful misconduct.
6. TRANSFER AND TRADE COMPLIANCE
You will not use or allow others to use the Game if you or they are or become (a) identified in any US Office of Foreign Assets Control’s Specially Designated Nationals Lists or Entity List or any other US, UK or EU economic sanctions list or export control list; or (b) located in a country subject to comprehensive US or EU trade sanctions. You will not and you will not allow others to use, distribute, or transfer the Game in any manner that violates applicable law, including all applicable export control and trade sanctions laws.
7. DISPUTE RESOLUTION AND GOVERNING LAW
IF YOU ARE A CONSUMER, OR WHERE REQUIRED BY APPLICABLE LAW, THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE WILL APPLY TO ANY CLAIM, CAUSE OF ACTION, OR DISPUTE YOU HAVE AGAINST US THAT ARISES OUT OF OR RELATES TO THESE TERMS OR THE GAME, AND YOU MAY RESOLVE YOUR CLAIM IN ANY COMPETENT COURT IN THAT COUNTRY THAT HAS JURISDICTION OVER THE CLAIM. THE UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
IN ALL OTHER CASES, YOU AGREE THAT THE CLAIM MUST BE RESOLVED EXCLUSIVELY IN THE US DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OR A STATE COURT LOCATED IN SAN MATEO COUNTY, CALIFORNIA. YOU ALSO AGREE THAT YOU SUBMIT TO THE PERSONAL JURISDICTION OF EITHER OF THESE COURTS FOR THE PURPOSE OF LITIGATING ANY SUCH CLAIM, AND THAT THE LAWS OF THE STATE OF CALIFORNIA WILL GOVERN THESE SUPPLEMENTAL TERMS AND ANY CLAIM, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS.
8. ADDITIONAL PROVISIONS
8.1. Updates. These Terms may be updated from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms (including by posting the amended text of the Terms on our website) and give you a reasonable opportunity to review the updated Terms before they go into effect.
In some circumstances, we may ask you to expressly agree to the updates we make to the Terms. If we don’t do this, your continued use of the Game after the effective date of the updated Terms constitutes your acceptance of those terms. We hope that you will continue using the Game, but if you do not agree to our updated Terms, you must cease use of the Game. In the event that you notify us that you do not agree to our updated Terms but you fail to cease use of the Game then we will take steps to delete or disable your access to or use of the Game to the fullest extent permitted by law.
8.2. Entire Agreement. These Terms and all other applicable terms make up the entire agreement between you and Camouflaj regarding your use of the Game and supersede any prior agreements regarding your use of the Game.
8.3. Termination. We may suspend or disable your access to or use of the Game if: (1) we determine that you have clearly, seriously or repeatedly breached these Terms or any additional terms they reference; (2) we believe your access to or use of the Game creates a health or safety risk; or (3) you otherwise create legal risk or possible legal exposure for us. If you delete or we disable your access to or use of the Game, these Terms shall terminate as an agreement between you and us, but the provisions in Section 3 (Permissions), Section 4 (What You Can Share and Do on the Game), Section 5 (Warnings and Disclaimers), Section 7 (Dispute Resolution), Section 8 (Governing Law), Section 8.3 (Termination), and Section 8.4 (Assignment) will remain in place.
8.4. Assignment. You may not, without our prior written consent, assign, transfer, charge, or subcontract all or any of your rights or obligations under these Terms, and any attempt to do so without that consent will be null and void. If restrictions on the transfer of the rights in these Terms are not enforceable under the laws of your country, then these Terms will be binding on any recipient.
We may at any time assign, transfer, charge, or subcontract all or any of our rights or obligations under these Terms or any additional terms that they reference, but this will not affect your rights or our obligations under these Terms.
8.5 Severability. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If we fail to enforce any of the Terms, it will not be considered a waiver.