END USER LICENCE AGREEMENT
1. INTRODUCTORY PROVISIONS
1.1. This End User Licence Agreement (“EULA”) governs the relationship between you (“user” or “you”) and Delta VR Ventures s.r.o., ID number 19621728, with its registered seat at Chvalska 718/10, 198 00 Prague 9, Czech Republic, registered at Municipal Court in Prague, file number C 389336 established under the Czech law (“Delta VR Ventures” or “we”) in relation to our game Magic Madness VR, DLC Magic Madness VR Arena Builder and other products published by us („Game“).1.2. You confirm your agreement to this EULA by clicking on the "I agree" button during the installation process of the Game. If you do not agree to this EULA, the installation cannot be completed, and you may not access the Game.
1.3. You must be at least 13 years old to create an Account or use the Game.
1.4. The Game is distributed via
1.4.1. The Steam platform operated by Valve Corporation, corporation under the laws of the State of Washington, with its registered office at 10400 NE 4th St., Bellevue, WA 98004, United States, registered with the Washington Secretary of State under number 60 22 90 773 (“Steam”),
1.4.2. the Meta Store (including the Meta Quest Store), operated by Meta Platforms Technologies LLC or its affiliates, through which the Game is distributed, downloaded and purchased, and is played via the Meta Horizon platform (“Meta”), and
1.4.3. our website https://www.magicmadnessvr.com/ („Website“).
1.5. The Game is made available as a free-to-play title. Certain optional features, content, virtual items, cosmetic elements, skins, in-game currency or other digital goods may be offered for purchase within allowed channels (“In-Game Purchases”). Any such purchases are entirely optional and not required in order to access or play the Game.1.4.2. the Meta Store (including the Meta Quest Store), operated by Meta Platforms Technologies LLC or its affiliates, through which the Game is distributed, downloaded and purchased, and is played via the Meta Horizon platform (“Meta”), and
1.4.3. our website https://www.magicmadnessvr.com/ („Website“).
2. YOUR ACCOUNT
2.1. In order to use all features of the Game, you will need a Victoria VR Account ("Account"), which is provided and operated by Victoria VR Group, a.s., ID No. 21924945, with its registered office at Václavské náměstí 796/42, Nové Město, 110 00 Prague 1, Czech Republic ("Victoria VR"). The creation and use of the Account is governed by the separate Victoria VR Account Terms and Conditions. The processing of personal data specifically in connection with the Account is described in the Victoria VR Account Privacy Policy.2.2. The Account is a unified player account that may be used to access the Game across different platforms. Your game progress, Virtual Items and entitlements may therefore be available regardless of whether you access via a platform or the Website, subject to the applicable platform terms.
2.3. Upon the creation of an Account, you may be required to create or use a unique username (“Nickname”) to represent you within the Game. Where you access the Game through a third-party platform or service, your Nickname may be derived from or linked to the username associated with such platform or service, subject to availability and uniqueness within the Game ecosystem. The Nickname may not be transferred to another individual. Users are prohibited from selecting or using a Nickname that is offensive, abusive, misleading, infringes the rights of others, or otherwise violates this EULA or applicable platform rules. Failure to adhere to these rules may result in appropriate measures being taken by us, including but not limited to changing your Nickname, restricting access to communication features, or suspending or blocking access to the Game.
2.4. The Account is strictly personal and may not be shared, transferred, assigned, or traded with any other individual ("Prohibited transfer").
2.5. Users are required to maintain strict confidentiality of all Account-related information, including but not limited to passwords. Under no circumstances should users disclose their password to any party. If you breach the confidentiality obligation or realize Prohibited transfer, you may be responsible for the conduct and actions of third parties using your Account, including for all violations of this EULA. If you breach these obligations, we may restrict, suspend or terminate your access to the Game in accordance with this EULA.
2.6. It is your responsibility to ensure the security of your Account against unauthorized access by third parties. Promptly notify us via e-mail in the event of:
2.6.1. Any unauthorized usage of your Account or any breach of security.
2.6.2. Any detection or suspicion of hacking tools being employed or potentially used in connection with Account or Game.
2.7. We have instituted physical, electronic, and managerial protocols to assist in safeguarding and preventing unauthorized access, usage, alteration, modification, and/or disclosure of your Account information. However, we shall not be liable to you for any loss or damage incurred due to unauthorized use of your Account or unauthorized access, usage, alteration, modification, and/or disclosure of your personal information, to the extent resulting from your culpable omissions or negligent behaviour. If we reasonably determine that your Account or access to the Game has been compromised, we may temporarily restrict or suspend your access to the Game where necessary to protect the security of the Game or its users.2.6.2. Any detection or suspicion of hacking tools being employed or potentially used in connection with Account or Game.
3. LICENSE TO USE THE GAME
3.1. The Game encompasses a diverse array of content which includes, but is not limited to, software, technology, text, posts in forums and chats, profiles, widgets, messages, links, emails, music, sound, graphics, images, video materials, as well as its design and appearance (“Content”).3.2. By agreeing to this EULA, you are granted a licence, to download, install, and use (play) the Game for the duration that this EULA is effective between you and us.
3.3. The licence is characterized as follows:
a) 'non-exclusive', implying that we can grant same or similar licences to others and we ourselves may exercise rights granted by the licence;
b) 'revocable', indicating that we may terminate your licence under specific conditions detailed later;
c) 'personal', which restricts the use of the Game to non-commercial purposes;
d) 'non-transferable', ensuring that the licence is solely for your benefit and cannot be transferred or sub-licensed to others;
e) 'limited', meaning the Game can only be used as outlined in this EULA;
f) 'non-perpetual', signifying that it will cease under certain conditions mentioned in this EULA; and
g) dependent on your adherence to this EULA.
3.4. You are prohibited from:b) 'revocable', indicating that we may terminate your licence under specific conditions detailed later;
c) 'personal', which restricts the use of the Game to non-commercial purposes;
d) 'non-transferable', ensuring that the licence is solely for your benefit and cannot be transferred or sub-licensed to others;
e) 'limited', meaning the Game can only be used as outlined in this EULA;
f) 'non-perpetual', signifying that it will cease under certain conditions mentioned in this EULA; and
g) dependent on your adherence to this EULA.
3.4.1. copying or downloading any Content from the Game;
3.4.2. distributing, publicly performing or displaying, leasing, selling, transmitting, transferring, publishing, editing, copying, creating derivative works from, renting, sub- licensing, making available to the public, decompiling, disassembling, reverse engineering, or otherwise unauthorized use of the Content;
3.4.3. commercially exploiting (i.e., for profit) any Content; or
3.4.4. removing, obscuring, or altering any copyright, patent, trademark, or other proprietary rights notices attached to the Content.
3.5. We do not assure the constant availability of any Content, in all countries, locations, or at any specific time, nor do we commit to offering any specific Content for a set period.3.4.2. distributing, publicly performing or displaying, leasing, selling, transmitting, transferring, publishing, editing, copying, creating derivative works from, renting, sub- licensing, making available to the public, decompiling, disassembling, reverse engineering, or otherwise unauthorized use of the Content;
3.4.3. commercially exploiting (i.e., for profit) any Content; or
3.4.4. removing, obscuring, or altering any copyright, patent, trademark, or other proprietary rights notices attached to the Content.
3.6. The Game, including its code, graphics, gameplay, user interface, audio, and other Content, contains proprietary information and materials safeguarded by intellectual property laws. You acknowledge our ownership or licensing of this proprietary information and materials and agree not to use or exploit them without our permission.
3.7. Violation of our proprietary rights is a material breach of the EULA, in the event of which we may terminate this EULA and take whatever additional action we deem appropriate under the circumstances. The foregoing is without prejudice to or waiver of any and all of our other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.
4. IN-GAME PURCHASES, VIRTUAL ITEMS, AND MICROTRANSACTIONS
4.1. The Game is available free of charge. We may offer optional in-game purchases, including virtual items, cosmetic elements, skins, in-game currency, or other digital content and features (“Virtual Items”).4.2. Virtual Items are licensed to you for personal use within the Game and related services in accordance with this EULA. Virtual Items may only be used within the Game and do not constitute currency, electronic money, financial instruments, or transferable property rights. Except where expressly permitted by us or required by applicable law, Virtual Items cannot be redeemed for money, transferred outside the Game, exchanged for real-world goods or services, or sold to other users.
4.3. If you access the Game through Steam or Meta, all In-Game Purchases are processed exclusively through the respective platform’s payment systems and are subject to the applicable platform terms, including refund and consumer protection policies.
4.4. For purchases made through Steam or Meta, the respective platform acts as the merchant of record and processes all payments directly with you, and not with us.
4.5. We may limit, suspend, cancel or refuse transactions, purchases or access to paid features where we reasonably believe that the user does not have the legal capacity to make such purchases, where the transaction presents fraud or abuse risks, or where required by applicable law.
4.6. Refunds for In-Game Purchases are governed exclusively by the refund policies of the platform through which the purchase was made. If Virtual Items are purchased via our Website, the following refund policy applies:
4.7. To the maximum extent permitted by applicable law, we do not provide refunds, reimbursements or compensation for Virtual Items once they have been granted to your Account, including where:
4.7.1. the Virtual Items have been used, consumed, modified or transferred or redeemed;
4.7.2. a transaction is reversed, refunded or subject to a chargeback;
4.7.3. the Virtual Items are removed, suspended or restricted due to fraud prevention measures, abuse, violation of this EULA or applicable platform terms.
4.8. You acknowledge that Virtual Items and in-game currency may be removed from your Account, including retroactively, without notice or compensation, where required by platform policies, fraud detection mechanisms, chargebacks or legal obligations.4.7.2. a transaction is reversed, refunded or subject to a chargeback;
4.7.3. the Virtual Items are removed, suspended or restricted due to fraud prevention measures, abuse, violation of this EULA or applicable platform terms.
4.9. If you purchase in-game currency or other Virtual Items via the Website, such purchases are processed through designated payment service providers. In such cases, we act as the seller of the Virtual Items and are responsible for granting the relevant entitlements to your Account.
4.10. Certain Virtual Items and rewards, including Battle Pass access and related content, are offered on a seasonal and time-limited basis. Unused progression, rewards or content associated with a specific season or chapter do not carry over to subsequent seasons and are not eligible for refunds solely due to expiration.
4.11. We do not guarantee the availability, persistence or continued functionality of any Virtual Items, in-game currency or in-game store features. Virtual Items may be modified, rebalanced, replaced or discontinued at any time at our sole discretion.
5. PROHIBITED ACTIVITIES AND OTHER RULES
5.1. The following actions are prohibited while using the Game:5.1.1. spreading content that is offensive, damaging, threatening, abusive, harassing, sexually harassing, defamatory, vulgar, obscene, sexually explicit, exploitative, or discriminatory;
5.1.2. any illegal activity or encouragement of illegal activity;
5.1.3. discussion or encouragement of suicide;
5.1.4. spamming;
5.1.5. advertising in any form;
5.1.6. engaging in hateful, extremist, discriminatory or abusive discussions relating to social, political or religious topics,
5.1.7. obtaining and posting identifying information about oneself or others;
5.1.8. defrauding other users, including through scams or social engineering;
5.1.9. transmitting any content that contains a virus, corrupted data, malware, Trojan horse, bot, keystroke logger, worm, time bomb, cancelbot, spiders, spyware, extraction tools, mining programs, or other computer programming routines intended to damage, detrimentally interfere with, secretly intercept or mine, scrape, or expropriate any system, data, or personal information;
5.1.10. performing, soliciting, or assisting with a distributed denial of service (DDoS) attack against the Game or any user;
5.1.11. post or communicate any user's real-world information (name, address, account name, etc.) in the Game;
5.1.12. gathering or obtaining email addresses or any other contact information of fellow users from the Game through electronic or alternative methods, such as for the intent of dispatching unsolicited emails or other unwarranted communications;
5.1.13. request personal information from other users or seek passwords or personally identifying details;
5.1.14. creating, using, making available, or distributing any unauthorized software or tools, including hacks, cheats, exploits, scripts, bots, trainers, automation programs, or other software that interacts with the Game in any way and for any purpose, including intercepts, emulates, or redirects any communication between such software and us;
5.1.15. creating, using, making available, or distributing any software designed to modify the Game and change the user experience ('mods');
5.1.16. accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
5.1.17. impersonating any person, business, or entity, including our employees;
5.1.18. cheat, wilfully exploit bugs or glitches, wilfully harass or grief other players, or utilize any software or other means to do any of the aforementioned activities in the Game;
5.1.19. bypass or remove any measure preventing misuse of the Game;
5.1.20. misuse the Game in any way contrary to the applicable law, including good morals rules.
5.1.21. using AI Builder or any tool to generate, upload, or attempt to distribute content that is illegal, infringing (including third-party IP), or otherwise violates this EULA;
5.1.22. attempting to bypass or disable safety filters, moderation, or content review systems (including prompt obfuscation and evasion techniques);
5.1.23. exploiting, grooming, manipulating or endangering minors, including attempting to obtain personal information from minors or engaging in inappropriate interactions with minors;
5.1.24. exploiting, manipulating or abusing the in-game economy, Virtual Items, in-game currency or In-Game Purchases, including any attempt to obtain Virtual Items by fraud, chargeback abuse or outside permitted mechanisms.
5.2. We retain the prerogative to furnish or unilaterally implement patches, updates, and other modifications to the Game. Such actions may be undertaken to rectify bugs, glitches, or other issues, prevent misuse of the Game or violation of this EULA, or augment gameplay (e.g., by providing additional content). The Game may be temporarily unavailable while these processes are being installed.5.1.2. any illegal activity or encouragement of illegal activity;
5.1.3. discussion or encouragement of suicide;
5.1.4. spamming;
5.1.5. advertising in any form;
5.1.6. engaging in hateful, extremist, discriminatory or abusive discussions relating to social, political or religious topics,
5.1.7. obtaining and posting identifying information about oneself or others;
5.1.8. defrauding other users, including through scams or social engineering;
5.1.9. transmitting any content that contains a virus, corrupted data, malware, Trojan horse, bot, keystroke logger, worm, time bomb, cancelbot, spiders, spyware, extraction tools, mining programs, or other computer programming routines intended to damage, detrimentally interfere with, secretly intercept or mine, scrape, or expropriate any system, data, or personal information;
5.1.10. performing, soliciting, or assisting with a distributed denial of service (DDoS) attack against the Game or any user;
5.1.11. post or communicate any user's real-world information (name, address, account name, etc.) in the Game;
5.1.12. gathering or obtaining email addresses or any other contact information of fellow users from the Game through electronic or alternative methods, such as for the intent of dispatching unsolicited emails or other unwarranted communications;
5.1.13. request personal information from other users or seek passwords or personally identifying details;
5.1.14. creating, using, making available, or distributing any unauthorized software or tools, including hacks, cheats, exploits, scripts, bots, trainers, automation programs, or other software that interacts with the Game in any way and for any purpose, including intercepts, emulates, or redirects any communication between such software and us;
5.1.15. creating, using, making available, or distributing any software designed to modify the Game and change the user experience ('mods');
5.1.16. accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
5.1.17. impersonating any person, business, or entity, including our employees;
5.1.18. cheat, wilfully exploit bugs or glitches, wilfully harass or grief other players, or utilize any software or other means to do any of the aforementioned activities in the Game;
5.1.19. bypass or remove any measure preventing misuse of the Game;
5.1.20. misuse the Game in any way contrary to the applicable law, including good morals rules.
5.1.21. using AI Builder or any tool to generate, upload, or attempt to distribute content that is illegal, infringing (including third-party IP), or otherwise violates this EULA;
5.1.22. attempting to bypass or disable safety filters, moderation, or content review systems (including prompt obfuscation and evasion techniques);
5.1.23. exploiting, grooming, manipulating or endangering minors, including attempting to obtain personal information from minors or engaging in inappropriate interactions with minors;
5.1.24. exploiting, manipulating or abusing the in-game economy, Virtual Items, in-game currency or In-Game Purchases, including any attempt to obtain Virtual Items by fraud, chargeback abuse or outside permitted mechanisms.
5.3. Users are encouraged to demonstrate consideration and politeness while playing the Game, particularly in interactions with fellow players.
5.4. Your license to play the game is subject to proper conduct. Without limiting our rights to control the Game environment, and the conduct of the players within that environment, we explicitly prohibit the following practices:
5.4.1. You may not use your own or third-party software to modify any content appearing within the Game environment or change how the game is played.
5.4.2. You may not use your own or any third-party software, macros, or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank, or status when compared with ordinary gameplay. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes, or beneficial actions not actually acquired or achieved in the Game.
5.4.3. You may 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 played by others, such as through server emulators.
5.4.4. You may not submit any content to any chat room or other public forum hosted by us that is harassing, abusive, threatening, harmful, obscene, libelous, 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.
5.5. Functionality may change or be limited. We work constantly to improve our products and services and respond to the changing needs of our community. As part of this continual improvement, we may introduce new features or services, impose limits on, change, suspend, disable, remove, replace, update, upgrade, roll back, or restrict access to features, services, software, content or any part of our software or Game. If a feature, service, software or content is no longer available, or if a technical error occurs, information, data, or content created or provided by you in connection with such feature, service, software or content may be deleted or become inaccessible, and you should not exclusively rely on any feature, service, software or content to store or preserve such information, data or content. In addition, certain features, services, software or content may be disabled or made available in modified form based on your age or location. We may offer free trials or other limited versions of our products or services so that you can preview these products before purchase. These versions may have limited features, restrict the permitted time of use and contain other limitations.5.4.2. You may not use your own or any third-party software, macros, or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank, or status when compared with ordinary gameplay. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes, or beneficial actions not actually acquired or achieved in the Game.
5.4.3. You may 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 played by others, such as through server emulators.
5.4.4. You may not submit any content to any chat room or other public forum hosted by us that is harassing, abusive, threatening, harmful, obscene, libelous, 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.
6. USER GENERATED CONTENT
6.1. The Game may allow you to generate, upload, create, share or otherwise contribute content (“UGC”) and make such content available to other users, including content created, generated or assisted through AI Builder functionalities, downloadable content (DLCs), additional features, integrations or other products, services or tools made available by us or our partners in connection with the Game. UGC might consist of creating your own buildings, rooms, backgrounds, surroundings, characters, objects, visual artistry, screen captures, audio elements, recordings, enthusiast- created artwork, playthroughs, and any other creative works.6.2. By disseminating, uploading, or rendering UGC available to other users through the Game, you grant us a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, and freely sublicensable license to utilize, reproduce, adapt, derive works from, exploit, distribute, transmit, perform, translate, host, render accessible, and communicate your UGC through our Game and any associated platforms, including third-party platforms, pertinent to our Game, for the purposes of operation, distribution, integration, and promotion of our Games throughout the entirety of the duration of intellectual property rights.
6.3. Concerning any UGC you generate or intend to share with other users, you agree to adhere to and abide by the following stipulations:
6.3.1. You must refrain from uploading any UGC that is owned by someone else unless you possess explicit authorization from the respective rights holder to do so.
6.3.2. You must refrain from uploading any UGC that infringes intellectual property rights, privacy, or any other rights of any individual or entity, or that contravenes applicable laws or this EULA.
6.3.3. To the fullest extent permitted by applicable law, you renounce the assertion, exercise, and enforcement, and agree not to lay claim to any moral rights or similar entitlements in and to your UGC that you may possess in any jurisdiction worldwide.
6.3.4. You bear sole responsibility for your UGC; we do not engage in pre-screening of all UGC and do not endorse, sanction, or pre-screen any UGC contributed by you or other users to the Game.
6.3.5. UGC must conform to all relevant regulations and must not contain material that might be deemed offensive, defamatory, unlawful, or which could result in reputational harm to us.
6.3.6. If you create any UGC, you assume responsibility and liability for it; we bear no liability or responsibility for UGC.
6.3.7. You may not create, upload, distribute or otherwise use any UGC that infringes third-party intellectual property rights, personality rights, publicity rights, image rights or similar rights, including unauthorized use of the name, likeness, voice or appearance of real persons, celebrities or public figures.
6.4. In the event we determine that your utilization or uploading of UGC violates any of rules set up in this article, we reserve the right to remove, block, amend, relocate, or disable such UGC.6.3.2. You must refrain from uploading any UGC that infringes intellectual property rights, privacy, or any other rights of any individual or entity, or that contravenes applicable laws or this EULA.
6.3.3. To the fullest extent permitted by applicable law, you renounce the assertion, exercise, and enforcement, and agree not to lay claim to any moral rights or similar entitlements in and to your UGC that you may possess in any jurisdiction worldwide.
6.3.4. You bear sole responsibility for your UGC; we do not engage in pre-screening of all UGC and do not endorse, sanction, or pre-screen any UGC contributed by you or other users to the Game.
6.3.5. UGC must conform to all relevant regulations and must not contain material that might be deemed offensive, defamatory, unlawful, or which could result in reputational harm to us.
6.3.6. If you create any UGC, you assume responsibility and liability for it; we bear no liability or responsibility for UGC.
6.3.7. You may not create, upload, distribute or otherwise use any UGC that infringes third-party intellectual property rights, personality rights, publicity rights, image rights or similar rights, including unauthorized use of the name, likeness, voice or appearance of real persons, celebrities or public figures.
6.5. We reserve the right to remove, restrict, suspend, moderate or disable access to any user-generated content, AI-generated content, voice communications, chats, rooms, nicknames, user activities or other content or interactions within the Game that violate this EULA, applicable platform rules, community standards or applicable law.
6.6. We may consider previous violations, repeated misconduct, abuse history and the severity of reported conduct when assessing moderation and enforcement actions.
6.7. Users may contact us through available support channels to request review of moderation or enforcement actions affecting their Account or access to the Game.
6.8. Enforcement actions may include warnings, temporary restrictions, communication limitations, temporary suspensions, permanent bans, removal of content or other reasonable measures we consider appropriate in connection with violations of this EULA, applicable platform rules or applicable law.
6.9. We may investigate suspected violations of this EULA and take any enforcement actions we reasonably consider appropriate, including warnings, temporary restrictions, suspension, permanent bans, removal of content, restriction of communication features or termination of Accounts.
6.10. If you breach any of rules set up in this article, we reserve the right to suspend or permanently cease the availability of your UGC and to take any other measures we deem appropriate.
7. WARRANTIES, DAMAGES, LIMITATION OF LIABILITY, INDEMNITY AND OTHER PROVISIONS
7.1. We hereby grant you all the rights delineated in this EULA concerning the Game, provided "as is" and "as available" and without warranty of any kind. You assume any and all risk of use and any and all risk associated with playing the Game. This implies that, within the constraints of the law, we do not provide any guarantee regarding the Game, especially but not exclusively such as guarantee regarding flawless functionality of the Game, devoid of bugs, glitches, or other issues. Additionally, to the extent permissible by applicable law, we disclaim any responsibility or liability for any bugs, glitches, or other issues encountered in the Game.7.2. We hereby disclaim all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the Game. We do not warrant that the operation of the Game or your access to the game, or that your use of the game will be uninterrupted or error-free, or that the game will be compatible with your hardware and software. In the event of a malfunction of, or your inability to use, the game you have downloaded, your sole and exclusive remedy could be a replacement download, and we shall have no liability for the faulty download.
7.3. In no event shall we, our subsidiaries or affiliates, our partners, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost or corrupted data), arising out of or in connection with the game, game content, the EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, or any other legal theory, and whether or not we are advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
7.4. You shall defend, indemnify and hold harmless us and our subsidiaries or 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 especially out of: (i) your use or misuse of the game; (ii) your playing of the game; and (iii) your breach of any of UGC rules as stated in this EULA.
7.5. Although the Game may be accessible worldwide, we do not warrant that the Game may be lawfully used in your location, or that the content is not prohibited by applicable local laws. Users who choose to access the Game do so at their own risk and are responsible for compliance with any applicable local laws.
7.6. The Game may not be exported, re-exported, downloaded or otherwise transferred (i) to or into (collectively, an "Export") any country which requires an Export license. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You represent and warrant to us that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. TERMINATION
8.1. If you materially breach this EULA, we have the right to terminate the EULA without any notice period. If it comes to this, you will lose all the rights granted by the EULA, namely the right to use the Game, whereas we shall have no further obligations to you stemming from this EULA.8.2. If we restrict, suspend or terminate your access to the Game due to your breach of this EULA, you will not be entitled to any refund or compensation, unless otherwise required by mandatory applicable law.
8.3. Upon termination of this EULA or restriction, suspension or termination of your access to the Game, you may lose access to Virtual Items, in-game currency and In-Game Purchases associated with the Game. You may also be unable to access the Game if your Account is deactivated, terminated or otherwise becomes unavailable in accordance with the Victoria VR Account Terms and Conditions. Any rights to refunds or compensation remain subject to mandatory applicable law.
8.4. Your access to or use of or play in Game or use of your account may be restricted, suspended, or disabled, and you may lose access to part or all of the services offered by us (including your accounts, and any of your information, data, or content associated with such services), if:
8.4.1. We determine, in our discretion, that you have clearly, seriously, or repeatedly breached this EULA or any other our conditions that are applicable to you
8.4.2. We believe your access to, or use of, Game creates a health and safety risk.
8.4.3. We may also restrict, suspend or disable your access to the Game where we reasonably believe that continued access presents a material security, fraud or abuse risk or where we are required to do so by applicable law.
8.5. To the maximum extent permitted by applicable law, we assume no liability for such loss of access and use and will have no obligations related to such loss.8.4.2. We believe your access to, or use of, Game creates a health and safety risk.
8.4.3. We may also restrict, suspend or disable your access to the Game where we reasonably believe that continued access presents a material security, fraud or abuse risk or where we are required to do so by applicable law.
9. AMENDMENTS
9.1. Occasionally, it may be necessary to modify this EULA.9.2. We will notify you about specific amendments and your right to reject them in advance via the Game. Should you disagree with the modifications, you have the option to terminate the EULA and discontinue using the Game. Your continued use of the Game after such amendments become effective will be deemed acceptance of those amendments.
9.3. We may from time to time update or otherwise modify the game electronically, or require you to install updates, patches or fixes to the game (“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, we 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.
9.4. You are not entitled to receive any new releases of the Game, or any expansion packs, updates, upgrades or similar products under the EULA, but we may, in our sole discretion, offer any or all of the foregoing to you. We may provide new releases or otherwise enhance the Game at any time, in our sole discretion, without obligation to you. Any such new release or other enhancement of the Game may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. Periodically, we might require all users to migrate to new releases of the Game in order to continue to play it. If you fail to update the Game and install the new release when required, we 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.
10. TECHNICAL REQUIREMENTS
10.1. You are solely responsible for ensuring that you meet such technical requirements before installing/using the Game. The graphics quality in the Game may differ depending on your settings, hardware capabilities, and internet connection.11. RULES FOR USING VR HEADSET
11.1. As you will be using the Game through a virtual reality headset, you are required to follow the headset manufacturer's instructions. We shall not be liable for any health damage or injury caused by defects in the headset or improper use of the headset.11.2. The virtual reality nature of the Game may present physical challenges during gameplay. Users are advised to assess their physical condition before engaging in the activity. Should any uncertainties arise, consulting with a medical professional is recommended. Furthermore, it is encouraged to take periodic breaks and maintain hydration levels for optimal well-being during gameplay.
11.3. When using the Game, users are particularly urged to exercise caution and mindfulness regarding their surroundings. It is essential to ensure adequate space is available to play safely, free from any potential obstacles or hazardous objects that may pose a risk during gameplay. Always create and maintain a safe play space. Take regular breaks. Stop playing if you experience discomfort.
11.4. Please refrain from playing the Game if experiencing any of the following conditions, as they may heighten susceptibility to harm during gameplay:
11.4.1. fatigue or exhaustion;
11.4.2. intoxication from alcohol or drugs;
11.4.3. hangover symptoms;
11.4.4. digestive issues;
11.4.5. emotional stress or anxiety;
11.4.6. cold, flu, headaches, migraines, or earaches.
11.5. Prior to engaging in gameplay, it is advised to consult with your physician if you are pregnant, elderly, have pre-existing vision abnormalities or psychiatric disorders, are using prescription or non-prescription medication, or suffer from a heart condition or other serious medical condition.11.4.2. intoxication from alcohol or drugs;
11.4.3. hangover symptoms;
11.4.4. digestive issues;
11.4.5. emotional stress or anxiety;
11.4.6. cold, flu, headaches, migraines, or earaches.
11.6. 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 virtual reality device may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.
11.7. Please note that certain people are susceptible to various symptoms and conditions when playing a Game with virtual reality headsets, including:
11.7.1. epileptic seizures or loss of consciousness;
11.7.2. altered vision;
11.7.3. motion sickness, dizziness, disorientation, or nausea; and/or
11.7.4. repetitive motion injuries and eye strain.
11.8. Immediately stop playing if you do not feel well or if you experience any of the above symptoms. In any event, we strongly recommend that you take reasonable breaks from gameplay every 10 to 15 minutes and that you do not play for excessive overall periods.11.7.2. altered vision;
11.7.3. motion sickness, dizziness, disorientation, or nausea; and/or
11.7.4. repetitive motion injuries and eye strain.
11.9. You are solely responsible for any damage or injury caused when using the headset while playing the Game, and we shall not be liable in this respect.
11.10. Fulfilment of conditions stated in this article hereof are solely your responsibility.
12. FINAL PROVISIONS
12.1. You are prohibited from transferring or assigning this EULA or any rights conferred by it to a third party.12.2. Use of the Game via the Steam platform is subject to the Steam Subscriber Agreement, Steam Refund Policy and other applicable Steam terms. Any enforcement actions taken by Valve Corporation under such terms, including account restrictions or termination, may affect your ability to access or use the Game. We shall not be responsible for any such actions taken by Valve.
12.3. Use of the Game via the Meta platform is subject to Meta’s applicable terms, policies and platform rules. Any enforcement actions taken by Meta under such terms, including account restrictions or termination, may affect your ability to access or use the Game. We shall not be responsible for any such actions taken by Meta.
12.4. To the extent permitted by applicable law, the provisions of the EULA shall be construed to their fullest extent as expressed herein. Should any provision of the EULA be deemed void, inapplicable, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions.
12.5. These terms of use and the legal relationship between you and us are governed by Czech law excluding, to the maximum extent permitted by the law, conflict of law rules and principles that would result in another State or country’s laws applying to this EULA.
12.6. In case of any disputes relating to the interpretation, performance or validity of this EULA, an amicable solution will be sought before any legal action. In the event that an amicable solution is not reached, the courts of the Czech Republic with local jurisdiction according to our registered office shall have jurisdiction.
12.7. According to Czech Act No. 634/1992 Coll., on Consumer Protection, if you are consumer you have the right to out-of-court settlement of a consumer dispute arising from a consumer contract. In such a case, you may contact the Czech Trade Inspection Authority (Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, email: [email protected], website: adr.coi.cz).
12.8. To the maximum extent permitted by applicable law and subject to the conditions stated therein, you and we agree to bring any disputes arising out of or related to this EULA only in an individual capacity and will not:
12.8.1. Seek to bring, join, or participate in any class or representative action, collective or class- wide arbitration, or any other proceeding where another individual or entity acts in a representative capacity; or
12.8.2. Consolidate or combine individual proceedings, nor permit another party to do so, without the express consent of all parties to this EULA.
12.9. If any part of this EULA is held to be unenforceable, then it will not affect the enforceability of any other part of this EULA. Also, we and you agree to interpret the rest of this EULA in such a way as to reflect your and our intentions in this EULA as far as possible.12.8.2. Consolidate or combine individual proceedings, nor permit another party to do so, without the express consent of all parties to this EULA.
12.10. The original of this EULA has been written in English. You hereby waive any right you may have under the law of your country to have this EULA either written in the language of your country or in the language of any other country.
12.11. This EULA describes certain legal rights. You may have other rights under the laws of your jurisdiction. This EULA does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this EULA may not apply to you because your jurisdiction may not allow them in your particular circumstances. In the event that certain provisions of this EULA are not enforceable in your jurisdiction, those provisions shall be enforceable to the furthest extent possible under applicable law.
12.12. We will not be liable for any delay or failure to perform our obligations under this EULA where such delay or failure arises from circumstances beyond our reasonable control, including but not limited to labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, fire, flood, civil commotion, riot, war, revolution, change of law, embargoes, or natural disasters. The legal rules regarding force majeure according to the applicable governing law are hereby not affected.
12.13. If you have any questions, complaints, or comments regarding this EULA or Game, please contact us at: [email protected]