Last Updated: February 2, 2023
These Terms of Service ("Terms") govern your access to and use of the services provided by Immersification Co. ("we," "us," or "our") related to the VRFS (Virtual Reality Football Simulator) game ("VRFS" or the "Game").
By accessing or using our Game, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Game. We reserve the right to modify these Terms at any time, and your continued use of the Game constitutes acceptance of any changes to the Terms.
To access and use the Game, you must be at least 13 years old (or the age of majority in your jurisdiction, if different) and have the legal capacity to enter into these Terms. You may be required to create an account ("Account") and provide certain information about yourself as prompted by the registration form. You agree to provide accurate, current, and complete information during the registration process and to update such information to maintain its accuracy.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Game for your personal, non-commercial use, subject to these Terms.
You agree not to use the Game for any purpose that is unlawful or prohibited by these Terms, including but not limited to:
Creating, using, or promoting cheats, hacks, or any unauthorized software designed to modify or interfere with the Game;
Exploiting the Game or any of its parts for commercial purposes, including but not limited to selling access to the Game;
Disrupting, interfering with, or negatively affecting the normal operation of the Game or the experiences of other players;
While using the Game, you may generate or submit content, including but not limited to text, images, audio, or any other material ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, and royalty-free license to use, modify, reproduce, display, and distribute your User Content in connection with the Game.
You agree not to submit any User Content that is unlawful, defamatory, obscene, pornographic, invasive of privacy, hateful, or otherwise objectionable, as determined by us in our sole discretion. We reserve the right, but have no obligation, to monitor or remove any User Content at our discretion without notice.
You are solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to intervene in disputes between users. You agree to report any violation of these Terms by other users to us.
Our Game provides a voice chat feature that allows users to communicate with each other. By using the voice chat feature, you agree to not use it for any purpose that is unlawful or prohibited by these Terms. You also acknowledge that any content transmitted through the voice chat feature is the sole responsibility of the person who originated such content. We may not monitor or control the content transmitted via the voice chat and, we cannot take responsibility for such content.
We provide options to report and block users within the Game. If you encounter any users who violate these Terms or engage in inappropriate behavior, you may report or block them using the provided in-game tools. We reserve the right to investigate any reports and take appropriate action, which may include, but is not limited to, suspending or terminating the Account of the offending user.
THE GAME IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS OR DEFECTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GAME, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE GAME EXCEED THE AMOUNT YOU PAID TO ACCESS THE GAME DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold us, our affiliates, licensors, and suppliers, harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Game, your violation of these Terms, or your violation of any third-party rights.
These Terms and any disputes arising out of or in connection with these Terms or the Game shall be governed by the laws of Spain, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Malaga, Spain, to resolve any legal matter arising from these Terms or related to your use of the Game. Notwithstanding this, you agree that we may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The Game is controlled and operated from our facilities in Spain. We make no representations that the Game is appropriate or available for use in other locations. If you access or use the Game from other jurisdictions, you do so at your own risk and are responsible for compliance with local laws.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms remain in full force and effect.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any other legal notices or additional terms and conditions or policies published by us on the Game, shall constitute the entire agreement between you and us concerning the Game. In the event of any conflict between these Terms and any other legal notice or policy published by us, these Terms shall prevail.
If you have any questions or concerns about these Terms or the Game, please contact us at: team@vrfs.gg