END USER LICENSE AGREEMENT – LOST IN TIME EXPERIENCE (GEAR VR APP)
1. GENERAL TERMS
1.1 Lost in Time
Please read this End User License Agreement (“Agreement”) carefully before downloading or using the application Lost in Time Experience (“App”).
By downloading or using the App, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not download or use the App.
This Agreement relates to all use of the App, licensed by The Future Group AS with organization number 812 664 522 and registered address Tjuvholmen Allé 11, 0252 Oslo, Norway.
By using the App, the end-user accepts the terms and conditions described in this Agreement. The parties to this Agreement are The Future Group AS and its subsidiaries (hereby referred to as “we” or “us”) and the end-user (hereby referred to as “you”).
1.2 Agreement Documents
By registering as a user of this application and thus accepting this agreement, you confirm that you are at least 18 years of age. If you are under 18 years old, you must have permission from your parent or guardian to use the app. You are responsible to adhere to stricter applicable local law.
1.4 Revision of this Agreement
We may revise and alter the provisions of this Agreement at any time. Upon changes of considerable significance, we shall notify you of the change at least 30 days before the changes take effect.
If you do not want to accept the revised Agreement, you may terminate the Agreement with immediate effect by deleting your account and uninstalling the App.
1.5 Please, be advised that Lost in Time™ is not in any way affiliated with either Oculus VR, LLC
(“Oculus”) or Samsung Electronics Co., Ltd (“Samsung”).
If you use the App on a Samsung smartphone with Gear VR, the following applies:
a) The App should be used in line with the Oculus Terms of Service.
b) Both we and you acknowledge that Oculus or Samsung has no obligation to furnish any maintenance or support service with respect to the App.
c) Both we and you acknowledge that Oculus or Samsung bears no responsibility for any claims that the use of the App infringes the intellectual property rights of third parties.
Both we and you acknowledge and agree that Oculus or Samsung and their subsidiaries are third party beneficiaries of this Agreement and Oculus or Samsung will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
2. SOFTWARE LICENCE AND PROPRIETARY RIGHTS
You acquire, upon installing the App, a personal, non-exclusive, non-transferable and revocable license to use the App in its current and future versions, solely for personal and non-commercial purposes, pursuant to the provisions of this Agreement.
2.2 Intellectual Property Rights
All intellectual property rights to the App and any related current and future functionality, products or services, as well as user accounts belong to us. No one other that The Future Group has the legal right to commercialise the intellectual properties within the App, including virtual currencies and in-app assets.
Lost in Time is an unregistered trademark of The Future Group
3.1 General Privacy
No personal data is collected by this app by The Future Group.
4. ACCEPTABLE USE OF THE APPLICATION
4.1 User Responsibility
You commit to ensure that the App is only used as intended by us and pursuant to this Agreement. You shall not make any changes or additions to the App without a written agreement from us.
4.2 Acceptable Use Policy
You may not use the App in a way prohibited by law, regulation, governmental order or decree; to violate the rights of others; to try to gain unauthorized access to or disrupt any service, device, data, account or network; to spam or distribute malware; in a way that could harm the App or impair anyone else’s use of it; to perform an activity which will provide some players with an unfair advantage against other players; or in any application or situation where failure of the App could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage.
Violation of the terms in this section 4 may result in immediate termination of this Agreement. We will suspend your account only to the extent reasonably necessary. We can suspend your account irreversibly if we suspect that you violated the Rules of conduct outlined in section
4.3. Unless we believe an immediate suspension is required, we will provide reasonable notice before terminating your account.
4.3 Rules of Conduct
You may post and share content from the App. By using the App, you agree not to upload, post, transmit or otherwise make available any content that is illegal, harmful, threatening, abusive, harassing, torturous, vulgar, hateful, racially, ethnically or otherwise offensive or discriminatory, obscene, pornographic, excessively violent or harmful to minors, defamatory, libellous or invasive of another’s privacy or publicity rights, infringes any trade secret or intellectual property rights of any party, or contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any product or to provide users with an unfair advantage.
You should not include personal information such as your name, your e-mail address, your address, your telephone number or any other sensitive data in any user-generated content.
We are not responsible for any content uploaded or generated by users. We reserve the right to delete or block access to such user-generated content at our own discretion.
You acknowledge that, depending on the functionalities of the App, your user-generated content may be viewed, reproduced, published and/or modified by third parties, including law enforcement agencies.
4.4 Hacking and Modification of Software
You herby confirm that you will not engage in any sort of hacking, tampering, modifying or altering of the software. This applies regardless of the intention. Any breach of this obligation will result in termination in accordance with this Agreement. You are not allowed to use the App on a mobile device that that runs the Android operating system that has had any of its Android-based software restrictions removed via any procedure that is not fully endorsed and authorized by the applicable Mobile Device Manufacturer.
5.1 Warranty and Claims
The App is delivered as it is (“as is”) with no warranty regarding functionality, support or availability, with exception of what follows from Norwegian legislation.
To the extent permitted by applicable law, we do not accept any direct or indirect responsibility or liability for the quality or functionality of the App, for the loss of any data, or any monetary damages directly or indirectly derived from the use of the App.
Our liability is limited to the delivery of the App. You are responsible for the use of such App, including choice and/or use of available settings in the App. You have the sole responsibility of securing that the use of the App is in accordance with applicable law in your jurisdiction.
Our liability for damages or losses, regardless of cause and basis for the case and regardless of whether it refers to breach of contract or tortious conduct, shall be limited to your direct and documented losses. Total compensation shall not exceed NOK ? ???. We shall not under any circumstances be liable for damages (for pain and suffering) or for covering Indirect Losses. In this context, the term (“Indirect Losses”) includes interruption losses and other consequential losses, lack of anticipated savings, loss of earnings or profits, loss of data, loss of computer time, consequential damages, operating losses, trading losses, losses incurred by third parties, losses as a result of the agreement with a third party being annulled or amended, as well as other commercial or pecuniary losses. The limit on indirect losses also applies where we have been made aware of the possibility that such losses or such damages can occur.
We shall not under any circumstances be liable for repairing damages to, replacing or restoring software, data files or data.
You cannot assert other liability or other rights to compensation than those specified in the preceding paragraph. You lose your right to argue liability or sanctions against us if specific complaints in writing have not been received by us within 30 days after you discovered or should have discovered the breach of contract.
We can assign our rights and/or obligations under this Agreement in whole or in part to a third party. Upon such assignment, you shall be notified through the App. You cannot assign your rights or obligations under this Agreement without the written consent from us.
5.4 Dispute Resolution
This Agreement shall be construed in accordance with and be governed by the laws of Norway. You and we consent to jurisdiction by Oslo District Court in Norway.
For information regarding support of the App, as well as other relevant documentation regarding the App, reach out via firstname.lastname@example.org