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Definitions
Player One: Player One GmbH, Gottesauer Straße 14, 76131 Karlsruhe, Germany, owner and provider of https://heyvr.io.
You or Developer: Any person or company who provides Products for distribution to heyVR.io.
In-Game Products: Everything you can buy within games on heyVR.io.
Brand Features: The trade names, trademarks, service marks, logos and other distinctive brand features owned (or licensed) by the applicable party.
Products: Games, content, digital materials, In-Game Product(s) and other items and services as made available by Developers via the heyVR.io Dashboard.
1. Accepting this Agreement
1.1 This agreement ("Agreement") forms a legally binding contract between You and Player One in relation to Your use of the heyVR.io Dashboard to distribute Products. You acknowledge that Player One will display and make Your Products available for users. In order to use heyVR.io Dashboard, You accept this Agreement and will provide and maintain complete and accurate information in the heyVR.io Dashboard. The agreement becomes valid once your Products have been confirmed by us.
1.2 You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.
1.3 If You are agreeing to be bound by this Agreement on behalf of Your employer or other entity, You represent and warrant that You have full legal authority to bind Your employer or such entity to this Agreement.
1.4 You and Your Products must adhere to the heyVR.io Publishing Guidelines.
2. Use of heyVR.io Dashboard by You
2.1 Except for the licence rights granted by You in this Agreement, Player One agrees that it obtains no right, title, or interest from You (or Your licensors) under this Agreement in or to any of Your Products, including any Intellectual Property Rights in those Products.
2.2 You are solely responsible for all Products that are developed and/or published under Your developer credentials and providing required Product information and support to users.
2.3 You agree to supply and maintain valid and accurate contact information.
2.4 You may not use the heyVR.io Dashboard and the services and APIs offered by heyVR.io for any purpose other than for purposes Player One has agreed to or for any fraudulent or otherwise unauthorised or unlawful purpose. You may not copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works from, or remove proprietary notices or labels from, any content and services or software accessed through heyVR.io, in whole or in part, without Player One's prior written consent.
2.5 You are authorized to use the Dashboard and the services and APIs offered by heyVR.io for your own personal use, but you may not: (i) sell, grant a security interest in, or transfer any reproduction of the Dashboard, services and APIs to any other party, nor rent, lease, or license the Content and Services to others without Player One's prior written consent (ii) host the Dashboard, services and APIs as part of any content aggregation network, website, or service without Player One's prior written consent.
3. Authorizations
3.1 Each party will own all right, title, and interest, including, without limitation, all Intellectual Property Rights, relating to its Brand Features. Except to the limited extent expressly provided in this Agreement, neither party grants, nor will the other party acquire, any right, title, or interest (including, without limitation, any implied licence) in or to any Brand Features of the other party.
3.2 You authorise Player One on a non-exclusive, worldwide, and royalty-free basis to: perform, display, analyse, and use Your Products in connection with (a) the operation and marketing of heyVR.io; (c) the provision of hosting services to You and on Your behalf to allow for the storage of and user access to the Products and to enable third -party hosting of such Products; (d) making improvements to heyVR.io Dashboard and heyVR.io’s APIs; and (e) checking for compliance with this Agreement and the heyVR.io Publishing Guidelines.
3.3 You grant to Player One and its affiliates a limited, nonexclusive, royalty-free licence during the term of this Agreement to display Brand Features, submitted by You to heyVR.io, to distribute Your Products through heyVR.io, or to otherwise perform its obligations under this Agreement. Player One and its affiliates may include visual elements from Your Products (including characters and videos of game play) and Brand Features (a) within heyVR.io and in any Player One-owned and its affiliates online properties; (b) when making announcements of the availability of Products; (c) in presentations.
3.4 Player One grants to You a limited, nonexclusive, worldwide, royalty- free licence to use the heyVR.io Brand Features for the term of this Agreement solely for marketing purposes.
3.5 You grant to the user a nonexclusive, worldwide, and perpetual licence to perform, display, and use your Products.
4. Product Takedowns
4.1 You may remove Your Products from future distribution via heyVR.io Dashboard at any time.
4.2 In no event will Player One maintain any Products that You have removed from heyVR.io.
4.3 Player One does not undertake an obligation to monitor the Products. If Player One becomes aware and determines in its sole discretion that Products or any portion thereof (a) violates any applicable law; (b) violates this Agreement, applicable policies, guidelines or other terms of service, as may be updated by Player One from time to time; (d) creates potential liability for, or may have an adverse impact on, Player One (for example, if a Product has an adverse economic, reputational or security-related impact); then Player One may reject, remove, suspend, limit the visibility of Products on heyVR.io und may withhold payments due to the Developer.
5. Privacy and Information
In order to continually innovate and improve heyVR.io, related products and services, and the user and Developer experience across heyVR.io, Player One may collect certain usage statistics from heyVR.io including, but not limited to, information on how the Products and heyVR.io are being used.
6. Terminating this Agreement
You and Player One may terminate this Agreement and discontinue the service at any time with immediate effect. If you wish to terminate this Agreement, you must send written notice via Email support@heyvr.io to Player One and will cease publishing all of your Products and discontinue your use of the heyVR.io Dashboard. If Player One terminates this Agreement, You will no longer have access to the heyVR.io Dashboard.
7. Representations and Warranties
7.1 You represent and warrant that You have all Intellectual Property Rights in and to Your Products.
7.2 If You use third-party materials, You represent and warrant that You have the right to distribute the third-party material in the Products. You agree that You will not submit material to heyVR.io that is subject to third -party Intellectual Property Rights unless You are the owner of such rights or have permission from their rightful owner to submit the material.
7.3 You represent and warrant that, as the principal to the transaction with the user, You are solely responsible for compliance worldwide with all applicable laws and other obligations.
7.4 You represent and warrant that all information that You provide to Player One or users in connection with this Agreement or Your Products will be current, true, accurate, supportable and complete.
8. DISCLAIMER OF WARRANTIES
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE HEYVR.IO DASHBOARD AND HEYVR.IO IS AT YOUR SOLE RISK AND THAT THE HEYVR.IO DASHBOARD AND HEYVR.IO ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
8.2 YOUR USE OF THE HEYVR.IO DASHBOARD AND HEYVR.IO APIS IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR LOSS OF REVENUE THAT RESULTS FROM SUCH USE.
8.3 PLAYER ONE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT PLAYER ONE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT PLAYER ONE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10. Indemnification
To the maximum extent permitted by law, You agree to defend, indemnify, and hold harmless Player One, its affiliates, and their respective directors, officers, employees and agents from and against any and all third party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) Your use of the heyVR.io Dashboard and heyVR.io APIs in violation of this Agreement; (b) infringement or violation by Your Products of any Intellectual Property Right or any other right of any person; or (c) You or Your Products violation of any law.
11. Changes to the Agreement
11.1 Player One may make changes to this Agreement at any time with notice to You by e-mail and the opportunity to decline further use of the heyVR.io Dashboard.
11.2 Changes will not be retroactive. They will become effective, and will be deemed accepted by You, (a) immediately for those who become Developers after the notification is posted; or (b) for pre-existing Developers, on the date specified in the notice, which will be no sooner than 30 days after the changes are posted (except changes required by law which will be effective immediately).
11.3 If You do not agree with the modifications to the Agreement, You may terminate Your use of heyVR.io Dashboard, which will be Your sole and exclusive remedy. If you object to the change(s) within the allotted period, we shall be entitled to terminate the contractual relationship as of the date on which the new terms and conditions come into effect. You agree that Your continued use of heyVR.io Dashboard constitutes Your agreement to the modified terms of this Agreement.
12. General Legal Terms
12.1 You agree that if Player One does not exercise or enforce any legal right or remedy contained in this Agreement (or which Player One has the benefit of under any applicable law), this will not be taken to be a formal waiver of Player One's rights and that those rights or remedies will still be available to Player One.
12.2 If any court of law having the jurisdiction to decide on this matter rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
12.3 You acknowledge and agree that each member of the group of companies comprising Player One will be a third -party beneficiary to this Agreement and that such other companies will be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on (or rights in favour of) them. Other than this, no other person or company will be a third -party beneficiary to this Agreement.
12.4 Except in the case of a change of control (for example, through a stock purchase or sale, merger, or other form of corporate transaction), the rights granted in this Agreement may not be assigned or transferred by either You or Player One without the prior approval of the other party. Any other attempt to assign is void.
12.5 If You experience a change of control, Player One may, at its discretion, elect to immediately terminate this Agreement.
12.6 All claims arising out of or relating to this Agreement or Your relationship with Player One under this Agreement will be governed by the German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. You and Player One further agree to dispute any arising out of this Agreement or your use of our services will be resolved on the OS-platform provided by the European Commission as an alternative dispute resolution between consumers and online merchants and accessible via http://ec.europa.eu/consumers/odr.
valid since: January 9, 2023
