Legal Disclaimer
NOSTRAVERSE LTD
TERMS OF USE AND END USER LICENSE AGREEMENT
TERMS OF USE AND END USER LICENSE AGREEMENT
Welcome and thank you for your interest in Nostraverse Limited ("Nostraverse", "we" or "us") and our website www.nostraverse.com and the related websites, networks, VR headset applications (each a "Client") provided by or on behalf of nostraverse.com and other services provided by us (together, including all Clients (defined below), the "Platform"). These nostraverse.com Terms of Use (these "TOU") are a legally binding agreement between you and nostraverse.com regarding your use of the Platform.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING "I ACCEPT" OR USING THE PLATFORM OR ANY PART OF THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE. If you are not eligible or do not agree to these TOU, you do not have our permission to use the Platform or any portion of the Platform.
You acknowledge and agree that, as further explained in these TOU:
• each client is licensed and not sold to you;
• You may only use the Platform as set out in these TOU;
• the Platform is provided on an "as is" basis and nostraverse.com' liability to you is limited.
• Disputes arising under these TOU will be resolved by binding arbitration, and by accepting these TOU, as further described in Section 26, you and Nostraverses each waive the right to trial by jury or to participate in a class action.
1. Overview of the platform:
Nostraverse is a platform for experiencing, creating and publishing social virtual reality experiences. Users can create, share and interact with virtual worlds and avatars.
2. Eligibility:
You must be at least 13 years of age to use the Platform. By agreeing to these TOU, you represent to us that: (a) that you are at least 13 years of age; (b) that you have not previously been excluded or removed from the Platform; and (c) that your registration and use of the Platform complies with all applicable laws and regulations. If you are at least 13 but under 18, you may use the Platform only with the consent of your parent or guardian, and your parent or guardian must give consent after reading this TOU. In such case, you represent and warrant that both you and your parent or guardian have read and agree to these TOU (including all terms, conditions, limitations, disclaimers and waivers contained herein).
You further acknowledge and agree that by using the Platform, you accept a benefit that you cannot return or deny, and that we are relying on your representations regarding your ability to accept and comply with this TOU, and you therefore waive any right you may have under applicable law to void, revoke or otherwise circumvent this TOU. In addition, if you are a parent or legal guardian agreeing to this TOU on behalf of a child between the ages of 13 and 18, you agree to guarantee and assume full responsibility for that person's performance under this TOU, including any financial obligations or liabilities he or she may incur, as well as any disclaimers and waivers with respect to the legal protections provided herein, and you agree to take all actions (including executing such additional documents or agreements) necessary to effectuate and perfect the foregoing. In all other cases, you represent that you are at least 18 years of age and of full legal capacity to sign this TOU, and you hereby acknowledge that you have read and understand this TOU and agree to be bound by it without modification.
If you are using the Platform on behalf of a legal entity, organization or business, you represent and warrant that you have the authority to bind that organization to this TOU and you agree to be bound by this TOU on behalf of that organization.
You further represent and warrant that you are not on any list of sanctioned persons administered by the United States Government or the United Nations, including but not limited to the United States Treasury Department's List of Specially Designated Nationals and Blocked Persons, the United States Department of Commerce's List of Denied Persons or Entity List, and the United Nations Security Council Sanctions. You further represent that you are not located in a country subject to comprehensive United States sanctions, including Iran, Syria, Cuba, North Korea, or the Crimea region of Ukraine. If you are included on such a list or are located in a country subject to comprehensive United States sanctions, you agree to immediately cease using the Platform.
3. Accounts and registration:
To access most of the features of the Platform, you must register for an account (your "User Account"). When you register, you may be asked to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date. When you register, you will be asked to provide a password.
You may also access certain features of the Platform by using your login credentials for third-party accounts, such as your Facebook/ Oculus account (each, a "Third-Party Account"). The Platform may offer features that allow you to merge your User Account with a Third Party Account.
You are solely responsible for maintaining the confidentiality of the password(s) for your User Account and Third Party Provider Accounts, and you assume responsibility for all activities that occur under your User Account. If you have reason to believe that your User Account or your account on the Third Party Platform is no longer secure, you must notify us immediately at home@nostraverse.com.
4. Customer licenses:
Subject to your full and continued compliance with the terms of these TOU, Nostraverse grants you a limited, non-commercial (except as otherwise set forth in these TOU or other written agreement between you and nostraverse.com), non-exclusive, non-transferable, non-sublicensable, revocable license to each copy of a VR Client (each, a "Client") downloaded directly from Nostraverse or downloaded from a legitimate marketplace (such as the Oculus Store), solely in an executable application format for your personal use for lawful purposes on a single compatible device that you own or control, and to access and use the Platform in accordance with these TOU. The term "VR Client" as used in these TOU includes any updates or modifications to the applicable Client provided to you by or on behalf of Nostraverse (unless accompanied by separate terms, in which case such terms are hereby incorporated into these TOU unless otherwise specified in such separate terms).
5. Nostraverse SDK license:
Use of an SDK is subject to full and continuing compliance with the terms of these TOU and the SDK Terms and Conditions applicable to the SDK (which are incorporated into these TOU by this reference).
6. Trademark license:
Subject to your full and continued compliance with these TOU, nostraverse.com grants you a limited, non-commercial (except as otherwise provided in these TOU or in any other written agreement between you and Nostraverse or other written agreement between you and nostraverse.com), non-exclusive, non-transferable, non-sublicensable, revocable license to use its trade names, trademarks, service names and service marks ("Marks"), solely when used in accordance with nostraverse.com' then-current trademark policy (or any successor URL designated by nostraverse.com) (the "Trademark Policy") and solely in connection with the uses permitted under this TOU. The Brand Guidelines are incorporated into these TOU by this reference. Any goodwill in the Trademarks is the exclusive property of nostraverse.com.
7. No support:
We are not obligated to provide support for the Platform. In cases where we do provide support, support is subject to applicable published policies.
8. Payment:
8.1 Payments in general.
You may be required to pay fees to access the Platform or certain features of the Platform. Before paying any fees, you will have the opportunity to review and accept any fees charged to you. Unless otherwise stated, all fees are incurred by PFUND STERLING and are non-refundable. Purchases made through third party providers such as Oculus and Facebook may be subject to additional terms and conditions provided by those third party providers. If Nostraverse changes the fees for any part of the Platform, including the introduction of additional fees or charges, Nostraverse will notify you in advance of such changes. If you do not accept the changes, nostraverse.com may discontinue providing the Platform or the applicable portion of the Platform to you. nostraverse.com will charge the payment method you provided at the time of purchase. You authorize nostraverse.com to debit all amounts as described in these TOS from that payment method. If you pay charges with a credit card, nostraverse.com may request a pre-authorization of your credit card account prior to purchase to verify that the credit card is valid and has the necessary balance to cover your purchase. If you use the Platform to update or cancel an existing authorized payment, it may take up to 10 business days for the update or cancellation to take effect.
8.2 Subscription Service.
Certain premium features on the Platform may be made available through the purchase of a subscription ("Subscription Service"). Subscription Services involve automatic recurring payments for periodic fees and may be purchased through a third party market. When you activate a Subscription Service, you authorize nostraverse.com (or the applicable third party marketer) to bill you periodically and until either the recurring payments or your account is terminated, for all accrued amounts for your subscription to the Subscription Service on or before the due date for the accrued amounts. The "Subscription Billing Date" is the date you first purchase a subscription to a Subscription Service. Your account will be automatically charged on the Subscription Billing Date for all applicable fees and taxes for the next subscription period. Your subscription to the Subscription Service will continue until you cancel your subscription or we terminate it.
You must cancel your subscription to a Subscription Service before it renews to avoid having the next periodic subscription fee charged to your account. We (or the applicable third party provider) will bill the recurring subscription fee, using the payment method you provided at the time of purchase (or another payment method if you change your payment information). We may suspend or terminate access to a Subscription Service for any account for which an amount is due but unpaid. In addition to the amount due for a subscription service, a delinquent account may incur fees or charges associated with a chargeback or collection of the unpaid amount, including collection fees. If an account is moderated for a violation of these TOU, all current Subscription Services associated with the account may be terminated, provided that the then-current Subscription Period will continue. Payments for Subscription Services are non-refundable. If you have activated a Subscription Service through a Third Party Market, you may cancel your subscription to that Subscription Service through the Third Party Market's account settings or other procedures established by that Third Party Market. If you have any questions, please email us at home@nostraverse.com.
9. User content:
9.1 User Content in General. Certain features of the Platform may allow users to upload content to the Platform, including software code, messages, photos, videos, images, folders, data, text and other types of works ("User Content"), and to post User Content on the Platform. You retain the copyright and all other proprietary rights you have in the User Content you post on the Platform.
9.2 Limited License Grant to Nostraverse. By posting, publishing or otherwise developing User Content on the Platform, you grant nostraverse.com a worldwide, non-exclusive, irrevocable, royalty-free, perpetual, fully paid-up right and license (with the right to sublicense) to host, store, transmit, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in all media formats and through all media channels now known or hereafter developed. You agree that the license granted to Nostraverse under this Section
9.2 applies to all User Content that you have previously posted, published or otherwise developed on the Platform.
9.3 Limited License Grant to Other Users.
By posting User Content to a public area of the Platform or sharing it with other users of the Platform, or by setting your User Content to "public", you grant those users a non-exclusive license to access and use that User Content as permitted by these TOU and the functionality of the Platform.
9.4 Representations and Warranties for User Content.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you represent, warrant and covenant that:
• You are the creator and owner of the User Content or have the necessary licenses, rights, consents and permissions to authorize Nostraverse and the users of the Platform to use and distribute your User Content in the manner necessary to exercise the licenses granted by you in this Section and as contemplated by nostraverse.com, the Platform and these TOU;
• b. Not use Your User Content or use Your User Content in accordance with this TOU: (i) infringe or misappropriate any third party rights, including copyrights, trademarks, patents, trade secrets, privacy rights, rights of publicity or other intellectual property or proprietary rights; (ii) violate any other person's right of privacy, publicity or other proprietary rights; or (iii) cause nostraverse.com to violate any law or regulation; and
• c. Your User Content cannot be considered offensive, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate by a reasonable person.
9.5 Deletion of user content
• To the extent permitted, you may delete copies or instances of your User Content that you have uploaded to your account through the normal functions of the Platform. If you delete your User Content by using this feature, the licenses granted by you in this Section 9 for your User Content will terminate as described in this Section 9.5 with respect to the particular copies or instances of your User Content that you deleted.
• b. Termination of licenses does not apply to copies or instances of the same User Content that you have not expressly deleted from the Platform, including those displayed elsewhere or stored by other users to whom you have transferred copies.
• c. The licenses under this Section 9 that you granted for your User Content that you deleted through the Platform will survive termination to allow Nostraverse to: (i) retain server copies of certain instances of your User Content, including copies stored in connection with backup, troubleshooting, and testing procedures; and (ii) permit the exercise of the licenses granted in this Section 9 for other copies or instances of the same User Content that you have not expressly deleted from the Platform, including those displayed elsewhere or present in other users' account inventories.
9.6 User Content Disclaimer.
We have no obligation to edit or monitor any User Content that you or any other User posts, and are in no way responsible or liable for any User Content. Nostraverse may, however, at any time and without notice, review, remove, edit or block any User Content that, in our sole discretion, violates these TOU or is otherwise objectionable. You understand that when using the Platform, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable.
Most User Content, including worlds and avatars, available through Nostraverse is created by other users or third parties, and nostraverse.com does not actively control or monitor the content or technical characteristics of individual worlds, avatars or other User Content. You understand that any world you enter is at your own risk. You agree to waive and relinquish any legal or equitable rights or remedies you have or may have against Nostraverse with respect to any User Content. We expressly disclaim any and all liability in connection with User Content. If we are notified by a User or Content Owner that User Content allegedly does not comply with these TOS, we may investigate the allegation and decide, in our sole discretion, whether to remove the User Content, reserving the right to do so at any time and without notice. For the avoidance of doubt, nostraverse.com does not permit copyright infringing activities on the Platform.
10th Digital Millennium Copyright Act:
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet Service Providers (17 U.S.C. §512, as amended). Please review our Copyright Policy, which can be found at https://nostraverse.com/flint/copyright (the "Copyright Policy"). The Copyright Policy is incorporated into and made a part of these TOU by this reference.
11. Limitations:
You may not reproduce, distribute, publicly display or publicly perform any portion of the Platform unless expressly agreed to in a separate written agreement between you and nostraverse.com. You may not use any portion of the Platform for any commercial purposes or any other purposes beyond those expressly permitted in these TOU without entering into a separate written agreement with nostraverse.com expressly permitting such extended use (such agreement being a "Commercial Use Agreement").
Unless and only to the extent such restriction is prohibited by applicable law or applicable third party licenses, you may not: (a) decompile, reverse engineer or otherwise access or attempt to access the source code of any portion of the Platform, or make or attempt to make modifications to any portion of the Platform (other than modifications of the type described in the applicable user documentation provided to you by nostraverse.com); or (b) interfere with or circumvent any feature of the Platform, including any security or access control mechanism. You may not use the Platform for any purpose other than that for which the relevant part of the Platform is expressly intended.
If you are prohibited by applicable law from using one or more portions of the Platform, you may not use it. You represent and warrant that you have complied and will continue to comply with the rights and obligations set forth in these TOU with respect to your use of any portion of the Platform that you have previously downloaded or accessed. We make no representation that the Platform is appropriate or available for use outside the United Kingdom of Great Britain. Access to the Platform from countries or territories, or by persons, where such access is illegal is prohibited.
Nothing in this Section 11 or these TOU is intended to prevent users from streaming their use of the Platform through a third-party streaming platform, including Twitch and YouTube, provided that such use is in compliance with all other provisions of these TOU, including the Trademark Guidelines, and in compliance with all applicable third-party terms and conditions relating to such third-party systems (such streaming being referred to as "Permitted Streaming"). These TOU do not prohibit you from monetizing such streaming through the authorized monetization systems of any Third Party Streaming Platforms. Your use of third party streaming platforms is subject to the terms and conditions of those platforms.
Last Updated: June 5th, 2022
