Terms of Service

Last Updated: June 12, 2023

Mega Particle, Inc, a Delaware corporation and its subsidiaries Mega Particle Ltd. and Mega Particle Spain S.L. (“Mega Particle) offers Poker VR (“Poker VR” or the “Game”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of the Game and related direct and indirect services including, but not limited to, informal product support and certain interactions with our website www.pokervr.co and its subdomains.

Agreement to Terms

By using the Game and/or Services, you agree to be bound by these Terms and the Privacy Policy (available at https://wwwpokervr.co/privacy-policy) (the “Privacy Policy”) that is incorporated by reference into these Terms. If you don’t agree to be bound by these Terms, do not use the Game or Services. If you are accessing or using the Game on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Otherwise, “you” and “your” will refer to you, individually.

Grant of License

Subject to these Terms, Mega Particle grants you a nonexclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal non-commercial use for gameplay. The term of your license begins on the date that you install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or Mega Particle’s termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Game or if you violate these Terms. The Game is being licensed to you and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned and these Terms should not be construed as a sale of any rights in the Game. All rights not specifically granted under these Terms are reserved by Mega Particle.

Changes to Terms, Game, and Services

Mega particle may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms wherever the Game may be downloaded or through other communications. Please make sure you review the modified Terms because if you continue to use the Game after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Game anymore. Because the Game is evolving over time, we may change or discontinue all or any part of the Game at any time and without notice, at our sole discretion.

Registration

Users of the Game and the Services can initiate registration by interacting with interactive elements in the Game and providing us with certain personally-identifying information using the Website. You agree and understand that, by agreeing to these Terms and registering, we may use the personally-identifying information that you have provided us in accordance with the Privacy Policy. You further agree and acknowledge that our use of your personally-identifying information that you provide us when you register is governed by the Privacy Policy and that we may communicate with you using, and otherwise use, your personally-identifying information in accordance with the Privacy Policy.

Personal and Non-Commercial Use Limitation

Except as otherwise specified below, Mega particle is providing the Game to you for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, and/or services obtained from the Game.

Limited License to broadcast game play

Mega Particle believes that the Game is best served by an active and excited community of users. To encourage community growth and development, we hereby grant each user (“Broadcasting User”) a limited, revocable, royalty-free license to broadcast such Broadcasting User’s unique play within the Game (“Broadcasted Content”), but only through third-party media that is, at the time of broadcast, currently approved by Mega Particle’s (“Approved Broadcaster(s)”). In furtherance of your exercise of the foregoing limited license, you may assume that other users who participate in gameplay with you have given you nonexclusive performance rights for their parts in your Broadcasted Content, unless or until you have notice that he, she, or they opts out in accordance with the provisions outlined below. To the extent a user opts out, our license with respect to Broadcasted Content including that user is revoked.

The above limited license to broadcast the Game is subject to the additional conditions:

  • A Broadcasting User may only broadcast his or her own gameplay;
  • All Broadcasted Content must otherwise comply with these Terms, the Code of Conduct, and the Privacy Policy;
  • Broadcasting Users assume all liability for ensuring their Broadcasted Content, and any monetization of Broadcasted Content, fully complies with all applicable laws, as well as the Approved Broadcaster(s)’ applicable terms of service, policies, rules, and guidelines;
  • Mega Particle may revoke a user’s license to broadcast for any or no reason and without notice.


VIRTUAL GOODS AND VIRTUAL CURRENCY

The Software may enable users to use fictional virtual currency as a medium of exchange exclusively within the Software (“Virtual Currency”, or “VC””) and (ii) gain access to (and certain limited rights to use) virtual goods within the Software (“Virtual Goods”, or “VG”). Virtual Goods and Virtual Currency represent a limited license right governed by this Agreement. Subject to the terms of and compliance with this Agreement, Licensor hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use VC and VG obtained by you for your personal non-commercial gameplay exclusively within the Software. Except as otherwise prohibited by applicable law, VC and VG obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to VC and VG is being transferred or assigned hereunder. This Agreement should not be construed as a sale of any rights in VC and VG. VC and VG do not have an equivalent value in real currency and do not act as a substitute for real currency. You acknowledge and agree that Licensor may revise or take action that impacts the perceived value of or purchase price for any VC and/or VG at any time except as prohibited by applicable law. VC and VG do not incur fees for non-use; provided, however, that the license granted hereunder to VC and VG will terminate in accordance with the terms and conditions of this Agreement and the Software documentation, when Licensor ceases providing the Software, or this Agreement is otherwise terminated. Licensor, in its sole discretion, reserves the right to charge fees for the right to access or use VC or VG and/or may distribute VC or VG with or without charge. You may have the ability to purchase VC or to earn VC from Licensor for the completion of certain activities or accomplishments in the Software. For example, Licensor may provide VC or VG upon the completion of an in-game activity, such as attaining a new level, completing a task, or creating user content. Once obtained, VC and/or VG will be credited to your User Account. You may purchase VC and VG only within the Software, or through a platform, participating third-party online store, application store, or other store authorized by Licensor (all referred to herein as “Software Store”). Purchase and use of in-game items or currency through a Software Store are subject to the Software Store’s governing documents, including but not limited to, the Terms of Service and User Agreement. This online service has been sublicensed to you by the Software Store. Licensor may offer discounts or promotions on the purchase of VC, and such discounts and promotions may be modified or discontinued by Licensor at any time without notice to you. Upon completing an authorized purchase of VC from an Application Store, the amount of purchased VC will be credited to your User Account. The Licensor shall establish a maximum amount you may spend to purchase VC per transaction and/or per day, which may vary depending on the associated Software. Licensor, in its sole discretion, may impose additional limits on the amount of VC you may purchase or use, how you may use VC, and the maximum balance of VC that may be credited to your User Account. You are solely responsible for all VC purchases made through your User Account regardless of whether or not authorized by you. You can access and view your available VC and VG in your User Account when logged into your User Account. Licensor reserves the right, in its sole discretion, to make all calculations regarding the available VC and VG in your User Account. Licensor further reserves the right, in its sole discretion, to determine the amount of and manner in which VC is credited and debited from your User Account in connection with your purchase of VG or for other purposes. While Licensor strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Licensor’s determination of the available VC and VG in your User Account is final, unless you can provide documentation to Licensor that such calculation was or is intentionally incorrect. All purchased in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game’s rules applicable to currency and goods. VC and VG may only be used within the Software. The authorized uses and purposes of VC and VG may change at any time. Your available VC and/or VG as shown in your User Account will be reduced each time you use VC and/or VG within the Software. The use of any VC and/or VG constitutes a demand against and withdrawal from your available VC and/or VG in your User Account. You must have sufficient available VC and/or VG in your User Account in order to complete a transaction within the Software. VC and/or VG in your User Account may be reduced without notice upon the occurrence of certain events related to your use of the Software: For example, you may lose VC when losing at a game of poker. You are responsible for all uses of VC and/or VG made through your User Account, regardless of whether or not authorized by you. You must notify Licensor immediately upon discovering the unauthorized use of any VC and/or VG made through your User Account by submitting a support request at support@casino-vr.com. VC and VG may only be redeemed for in-game goods and services. You may not sell, lease, license, or rent VC or VG, convert them into convertible VC. VC and VG may only be redeemed for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods from Licensor or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law. VC and VG have no cash value, and neither Licensor nor any other person or entity has any obligation to exchange your VC or VG for anything of value, including, but not limited to, real currency. All purchases of VC and VG are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as prohibited by applicable law, Licensor has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such VC and/or VG as it sees fit in its sole discretion, and Licensor shall have no liability to you or anyone else for the exercise of such rights. Any transferring, trading, selling, or exchanging of any VC or VG to anyone, other than in game play using the Software as expressly authorized by Licensor (“Unauthorized Transactions”), including, but not limited to, among other users of the Software, is not sanctioned by Licensor and is strictly forbidden. Licensor reserves the right, in its sole discretion, to terminate, suspend, or modify your User Account and your VC and VG and terminate this Agreement if you engage in, assist in, or request any Unauthorized Transactions. All users who participate in such activities do so at their own risk and hereby agree to indemnify and hold harmless Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses and expenses arising directly or indirectly from such actions. You acknowledge that Licensor may request that the applicable Application Store stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has the effect of or may have the effect of intervening in any way with the operation of the Software. If we believe or have any reason to suspect that you have engaged in an Unauthorized Transaction, you further agree that Licensor may, in its sole discretion, restrict your access to your available VC and VG in your User Account or terminate or suspend your User Account and your rights to any VC, VG, and other items associated with your User Account. VC is only available to customers in certain locations. You may not purchase or use VC if you are not in an approved location.

Opting Out

Any user may revoke such user’s permission to a Broadcasting User to be included in Broadcasted Content by providing written notice to the Broadcasting User of his, her, or their decision to opt out (“Opt-Out Notice”). Without any obligation to do so, Mega Particle may also provide Opt-Out Notices on a case-by-case basis on behalf of users. Upon receipt of an Opt-Out Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the other user(s). Mega Particle does not assume any responsibility for ensuring compliance with the foregoing.

Approved Broadcasters

The following is an exclusive list of currently Approved Broadcasters. Modifications to this list may be made here, or elsewhere on the store page for the Game. Users may only broadcast content through currently Approved Broadcasters. We do not claim any affiliation with the Approved Broadcasters, nor do we make any representations as to the quality or functionality of the Approved Broadcasters’ services.

  • Twitch Interactive, Inc.
  • YouTube, LLC
  • Facebook Inc.
  • Twitter Inc.
  • reddit Inc.

We reserve the right to add or remove Approved Broadcasters as we see fit. If you would like to request that a broadcaster be added to the list above, feel free to contact us at support@megaparticle.com.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION“ SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MEGA PARTICLE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Who May Use the Game

Poker VR is available to users above the age of 13. Users below the age of 13 are not permitted to use the game.

If you want to use the Game you will have to an Oculus account or a Steam account, as applicable (“Accounts” and each an “Account”). We do not administer Accounts, rather, they are administered by Oculus VR, LLC and Valve Corporation, as applicable. You are responsible for all activities that occur under any Account associated with you, whether or not you know about them. We will not be liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Mega particle or third parties due to someone else’s use of your Account.

Health and Safety Precautions

The below should be reviewed before use of the Game. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and/or safety risks not contained herein. Mega Particle is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.

Epileptic Seizure Warning

Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Stop playing the Game and consult a doctor if you have any of the following symptoms: Convulsions; Eye or muscle twitching; Loss of consciousness or awareness; Altered vision; Involuntary movements; or Disorientation.

Mega Particle is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Game.

Motion Sickness

Playing video games (especially virtual reality games), including Poker VR, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hungover, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.

Repetitive Motion Injuries and Eyestrain

Playing video games, including the Game, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:

  • Avoid excessive play;
  • Take a 10 to 15 minute break every 30 minutes while playing the Game;
  • If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and
  • If you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.

Play Area Precautions

Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game you will be using your hands to control gameplay. Make sure the play area is clear of furniture, objects and other people that could be bumped into during game play. Please ensure that you are not near other people, stairs, balconies, windows, walls furniture or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to your or your family members playing the Game. Never handle sharp or dangerous objects while playing the Game.

Due to the immersive nature of the Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hangover, stress, anxiety or when suffering from a cold, flu, headaches, migraines or other illnesses.

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are included in the Game or posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you make available through the Services, including by posting, uploading, inputting, providing, or submitting, publicly or privately, on community forums, discord channel or directly to Mega Particle. User Content includes any feedback or suggestions you provide to Mega Particle. Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

Mega Particle exclusively own all right, title and interest in and to the Game, Services, and Content, including all associated intellectual property rights, with the exception of User Content, to which Mega Particle does not claim any ownership rights, but rather possesses license rights as described below. Nothing in these Terms will otherwise be deemed to restrict any rights that you may have to use and exploit your User Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content granted by you

You acknowledge and agree that by submitting any User Content, or by making any User Content available through the Game, posting on our Discord channel, Facebook channel or to our support email, you hereby grant Mega Particle a non-exclusive, transferable, sub-licensable, perpetual, worldwide, royalty-free license to use, incorporate into any of Mega Particle’s intellectual property, Game or other software, Services, or other products, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content. Mega Particle will not compensate you with respect to the use of any User Content. Any User Content that you post on our public forums will be visible to the public and neither we nor any of our users owe you any confidentiality obligations in relation to your User Content.

You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Mega Particle on or through the Game or Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

General Prohibitions and Mega Particle’s Enforcement Rights

You agree not to do any of the following:

  • Do anything in connection with your use of the Game, including posting, uploading, publishing, submitting or transmitting any Content that: (i) is illegal; (ii) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading or deceptive; (v) is defamatory, obscene, pornographic, vulgar, racially or ethnically offensive; (vi) harasses, threatens or embarrasses others, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances; (ix) is cheating (i.e., unauthorized methods that influence Poker VR’s gameplay, including exploits of any in-game bugs, that give you and/or any other user an advantage over other players not using such methods); (x) is offensively coarse, intimidating or threatening, constitutes unwelcome sexual advances or requests for sexual favors, or is otherwise likely to cause annoyance or alarm; (xii) violates the Code of Conduct; or (xii) violates “Netiquette.” Additionally, to ensure that Poker VR is a safe and welcoming space for all users, you agree to report to us using the contact information provided below: (1) any other users that you believe are violating any of the foregoing prohibitions, and (2) any Content that you believe was submitted by or about a child under the age of 13.
  • Transfer virtual currency (gold and/or chips) to other accounts
  • Use, display, mirror or frame the game or any individual element within the game, Mega Particle’s name, any Mega Particle’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mega Particle’s express written consent;
  • Access, tamper with, or use non-public areas of the game, Mega Particle’s computer systems, or the technical delivery systems of Mega Particle’s providers;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mega Particle or any of Mega Particle’s providers or any other third party (including another user) to protect the Game or Content;
  • Attempt to access or search the Game or Content or download Content from the Game through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Mega Particle or other generally available third-party web browsers;
  • Use any meta tags or other hidden text or metadata utilizing a Mega Particle trademark, logo URL or product name without Mega Particle’s express written consent;
  • Use the Game or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Game or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Game;
  • Collect or store any personally identifiable information from the Game from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Game, Services, or Content or to review or edit any Content, we have the right to do so for the purpose of operating and updating the Game, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable or suspend your or any user’s access to any Content or the Game, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or activity when using the Services to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Game and/or Services including, consulting and cooperating with law enforcement authorities to prosecute users who violate the law.

To ensure adherence to the aforementioned clauses, we may engage in proactive monitoring of the voice chat feature, employing various technological means for such monitoring purposes.

DMCA/ Copyright Policy

Mega Particle respects copyright law and expects its users to do the same. It is Mega Particles policy to terminate in appropriate circumstances Account holders or other users of the Game who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Mega Particle will respond to allegations of copyright infringement or other violations in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. The DMCA provides a means for you to notify us concerning alleged copyright infringement. When we receive a valid DMCA notice, we will respond under this process by taking down the allegedly offending content. We will then take reasonable steps to contact its owner so that they may file a counter-notification. If we receive a valid counter-notification, we may restore the original content at issue, unless you notify us that you have filed legal action seeking a court order restraining the alleged infringer from continuing the allegedly infringing conduct.

If you believe that your copyrighted work is being infringed by material that appears in our Game, websites, or other online services, please provide Mega Particle the following information that the DMCA requires:

  • A description or identification of the copyrighted work that you claim to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • A description of where the allegedly infringing material is located in the Game, Mega Particle’s Game website(s), or other related electronic platform.
  • Information reasonably sufficient to permit Mega Particle to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Mega Particle for notice of claims of copyright or trademark infringement on the Sites can be reached as follows. Please send a notice through email as well as mail:

EMAIL

support@megaparticle.com

MAIL

Mega Particle Spain S.L.

Calle Bruc, nº 149, 3º 2ª

08037 Barcelona

 

Please also note that for purposes of Section 512(f) of the U.S. Copyright Act, any person who knowingly misrepresents that material or activity is infringing may be subject to liability.

Links to Third Party Websites or Resources

The Game may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Game or Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Game, Services, and/or your Account, provisions relating to Content Ownership, DMCA/Copyright Policy, Termination, Warranty Disclaimers, Indemnity, Limitations of Liability, and Dispute Resolution shall survive such termination.

Warranty Disclaimers

THE GAME, SERVICES, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Game or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

Indemnity

You will indemnify and hold harmless Mega Particle and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Game, Services, or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability

NEITHER MEGA PARTICLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME, SERVICES, OR CONTENT WILL BE LIABLE FOR ANY PERSONAL INJURY, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAME, SERVICES, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEGA PARTICLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL MEGA PARTICLE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAME, SERVICES, OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO MEGA PARTICLE FOR USE OF THE GAME, SERVICES, OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MEGA PARTICLE, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEGA PARTICLE AND YOU.

Dispute Resolution

You and Mega Particle agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Game or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Mega Particle with written notice of your desire to do so by email or regular mail within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Mega Particle with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. Unless you timely provide Mega Particle with an Arbitration Opt-out Notice, you acknowledge and agree that you and Mega Particle are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Mega Particle otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.  

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Mega Particle and you regarding the Game and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mega Particle and you regarding the Game and Content. If any provision of these Terms is held invalid or unenforceable that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Mega Particle’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Mega Particle may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Mega Particle under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Mega Particle’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mega Particle. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

GOVERNING LAW

This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the United Kingdom. Unless expressly waived by Licensor in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Licensor’s principal corporate place of business (London, United Kingdom). You and Licensor consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by UK law. You and Licensor agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.

Contact Information

If you have any questions about these Terms, the Game and/or the Services, please contact Mega Particle at support@megaparticle.com.


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